Joe Costello (Dublin Central, Labour)
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Question 108: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the procedures being put in place to ensure that the maximum number of prisoners possible are allowed to exercise the franchise at the next election, following the enactment of the Electoral (Amendment) Act, 2006; the steps being taken to create awareness of this entitlement among prisoners; and if he will make a statement on the matter. [36263/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the deputy will be aware, the main purpose of this Bill is to provide specific arrangements for voting by prisoners by way of postal voting. In Ireland, there is no legal prohibition on voting by prisoners, once they meet the standard qualifying criteria under electoral law which apply on a general basis. But, while a person in legal custody may be registered as an elector, under section 11(5) of the Electoral Act 1992 they are deemed to be ordinarily resident in the place where they would have been residing but for their detention and there is no specific mechanism to enable prisoners to exercise the franchise. The Bill will modernise existing electoral law in this area and provide a practical framework for prisoners to vote. It will bring certainty to Ireland's position in meeting fully our obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.

In accordance with the provisions of the Bill, relevant officials will be appointed in each prison who will be responsible for ensuring that prisoners who are eligible and wish to vote will be facilitated in exercising that right. Officials of the Irish Prison Service are preparing draft operating procedures which will allow the implementation of this important piece of legislation, when enacted. Of course, in implementing this legislation, it will be important to strike the right balance between, on the one hand, providing for and facilitating as much as possible the prisoner's right to vote and, on the other, the need to maintain an orderly and appropriate regime within our prisons.

It is important that prisoners will be fully aware of their entitlement to vote and there are various mechanisms available in this regard. I understand that the Department of the Environment, Heritage and Local Government will arrange for the publication and distribution of appropriate literature concerning the new arrangements for prisoner voting. It should be possible to arrange for posters to be devised advertising the new arrangements within the prisons. Leaflets can also be developed specifically for prisoners in consultation with the Department of the Environment, Heritage and Local Government for distribution by the Prison Service. In terms of information and assistance, section 5 of the Bill already requires local authorities to give public notice of the availability of prisoner postal voting. Application forms have to be made available by the local authority, including in every prison, and these forms will contain appropriate explanatory information on what needs to be done. In addition, prisoners receive information on their arrival in prison and this provides a good opportunity for relevant details of voting rights to be given to the prisoner. Library facilities in prison will also be an important focal point for information on voting entitlements.

Prisoner access to the media and coverage of political and electoral matters therein will, of itself, serve to raise awareness among prisoners of the postal voting arrangements. TV sets are installed in all cells in prison; in open centres, there are communal viewing areas. Prisoners are supplied with small radios in prisons and, in many cases, bring in their own units. They also have access to a range of daily newspapers and weekly publications, in addition to what they might receive through the post. Prisoners have access to visits and a number of phone calls per week which will facilitate this process. I would also look to prisoners' families, as well as to organisations representing prisoners, to play their part in helping to publicise the new arrangements and facilitating take-up.

I understand that the Department of the Environment, Heritage and Local Government will be collating data on the numbers of prisoners taking up postal voting facilities. This will provide a good basis for monitoring progress with the new arrangements provided for under the Bill.