Ciarán Lynch (Cork South Central, Labour)
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Question 141: To ask the Minister for the Environment, Heritage and Local Government if a local authority, including a town council, is entitled to prohibit the proper use of election posters during designated election periods; the legislation that makes such prohibition possible; and if he will make a statement on the matter. [13716/09]

John Gormley (Dublin South East, Green Party)
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Section 19 of the Litter Pollution Acts 1997 to 2009 makes it an offence to exhibit any article or advertisement on any structure that is visible from a public place unless the exhibitor is authorised in writing by the owner to do so. An exemption from prosecution under this section is provided for those exhibiting election or referendum posters for a specified time period prior to and after the polling date. There is currently no legislative provision for local authorities to prohibit the usage of election posters which meet all legislative requirements during those designated periods.

I held a public consultation regarding the control of postering for elections and referenda in autumn 2008. Following analysis of the submissions received, I informed the Government on 27 January that I intend to pilot test voluntary measures, which could have the impact of restricting election posters in certain circumstances, in the upcoming local and European elections to evaluate their impact on the proliferation of posters and the litter arising during those election campaigns. My Department is currently in discussions with the City and County Managers Association and a number of local authorities with a view to organising pilot schemes in local authority areas. These pilot schemes will involve candidates voluntarily agreeing to one of the following measures in regard to postering:

The use of biodegradable plastic ties or colour coding of plastic ties;

The display of posters to be restricted to designated areas only;

The numbers of posters per candidate to be restricted; and

The numbers of posters to be restricted to 2 (back to back) per pole.

The pilot schemes will be evaluated following completion with a view to informing future policy development in regard to the control of postering for elections and referenda.