Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank Senators Ruane, Higgins, Black and Flynn for these amendments, which seek to amend the existing provisions relating to the publication of information by the electoral commission. Amendment No. 12 specifies that in addition to an coimisiún's annual report being published that it be published in an accessible manner. Amendment No. 15 specifies that as part of an coimisiún's referendum functions, the statements which it prepares and publishes to explain the subject matter of referendums will be published in plain language. Amendment No. 16 requires that print media be explicitly mentioned in the forms of media to which an coimisiún has regard in the distribution of referendum statements. Amendment No. 17 requires that the term "as far as is practicable" is removed from the requirement that the means employed for the distribution of an coimisiún's statements which explain a referendum's subject enable those with a sight or hearing disability to read or hear the statements concerned.Amendment No. 33 specifies that the post-electoral event reviews which an coimisiún may produce be published in accessible formats. I do not propose to accept these amendments for the following reasons. The wording of amendment No. 12 which relates to the publication of an coimisiún's annual report is based on an established precedent set in section 28 of the Irish Human Rights and Equality Commission Act 2014. Being mindful of an coimisiún's independence, I intend to leave the decision-making on this matter of the most appropriate means for the publication of an coimisiún's documents, including the annual report, to an coimisiún itself. In regard to both amendments Nos. 12 and 33, as they relate to the accessibility of the format of documents, the European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020 came into force on 23 September 2020 and will apply to the website of, and content produced by, an coimisiún. It should also be noted that under section 26 of the Bill, an coimisiún's annual report is required to be laid before both Houses of the Oireachtas. A complete record of all documents laid before the Houses of the Oireachtas are also available on the Oireachtas website. I am satisfied the accessibility of such documents is already appropriately provided for. In respect of amendment No. 15, as I mentioned on Committee Stage, the matter of the presentation of an coimisiún's public information material explaining referendums is an issue of best practice and an administrative matter for an coimisiún, rather than a matter to be addressed in primary legislation. The Referendum Commission of Ireland, from whom this function is transferring, has set a strong precedent for ensuring the accessibility and ease of comprehension of material explaining the subject matter of referendums. For example, in respect of previous referendums, versions of the referendum guide were produced in braille, Irish Sign Language, video, audio, large-print format and easy-to-read format for people with intellectual disabilities. As already said, the accessibility of formats of documents produced by the commission will be covered by the European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020, which will apply to the website of, and content produced by, an coimisiún. I am, therefore, confident that material explaining referendums is currently being prepared in an accessible and easily-understood manner. As such these practices will be carried over and developed by An Coimisiún Toghcháin when it takes on this role.

In regard to amendments Nos. 16 and 17, section 30(1)(b) of the Bill relating to the publication and distribution of an coimisiún's statements, which explain the subject matter of referendums, is a direct transposition of the Referendum Act 1998. It is not proposed to accept this proposed amendment as the general approach has been taken of avoiding the amendment of transposed legislation, except where necessary to take account of a transferring function’s new organisational context. The section as it stands provides that an coimisiún may "publish ... and distribute such statements in relation to the referendum concerned in such manner and by such means including the use of television, radio and other electronic media" andas such it is not limiting an coimisiún to particular formats. It provides flexibility for an coimisiún to publish statements by any form of media which it considers appropriate, which would include print media.