Niall Collins (Limerick, Fianna Fail)
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Question 348: To ask the Minister for the Environment, Community and Local Government the legislation that sets out the appointment of returning officers and polling clerks for Dáil, local, European and Presidential elections; and if he will make a statement on the matter. [35603/11]

Niall Collins (Limerick, Fianna Fail)
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Question 349: To ask the Minister for the Environment, Community and Local Government the total number of polling clerks employed at Dáil, local, European and Presidential elections, broken down per election, from 2002 to date in 2011. [35605/11]

Niall Collins (Limerick, Fianna Fail)
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Question 350: To ask the Minister for the Environment, Community and Local Government the number of returning officers employed for Dáil, local, European and Presidential elections, broken down per election, from 2002 to date in 2011. [35606/11]

Niall Collins (Limerick, Fianna Fail)
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Question 351: To ask the Minister for the Environment, Community and Local Government the total number of polling clerks employed in the Dáil election in February 2011, broken down per constituency. [35607/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 348 to 351, inclusive, together.

The position in relation to the appointment of returning officers is as follows:

· Section 30 of the Electoral Act, 1992 sets out the provisions relating to the appointment of returning officers for Dáil constituencies. Section 30(2) provides that where a constituency is situated wholly within one county or city the returning officer shall be the county registrar or the sheriff. Section 30(2) also provides that where a constituency is not situated wholly within one county or city the Minister may appoint a returning officer for the constituency. The appointed returning officer must be one of the county registrars or sheriffs from the counties concerned,

· Sections 9 and 10 Presidential Elections Act 1993 set out the provisions relating to the appointment of returning officers at a Presidential election. Section 9 provides that the Minister shall appoint a person to be the Presidential returning officer and section 10 provides that the returning officer for a Dáil constituency shall be the local returning officer for that constituency for the purposes of a Presidential election,

· Sections 15A, 16 and 17 of the European Parliament Elections Act 1997 set out the provisions relating to the appointment of returning officers at a European Parliament election. Section 15A provides that the Minister shall appoint a person to be the chief returning officer for the purposes of European Parliament elections. Section 17 provides that the local returning officer in each county or city shall be the county registrar or the sheriff and Section 16 provides that the Minister shall appoint one of the local returning officers from within the European Parliament constituency to be the returning officer for that constituency, and

· Article 4 of the Local Elections Regulations 1995 provides that the clerk or secretary of a local authority shall be the returning officer for the purposes of local elections.

The position in relation to the appointment of polling clerks is as follows:

· Section 95 of the Electoral Act 1992 provides that the returning officer at a Dáil election is responsible for the appointment of presiding officers and poll clerks at a Dáil election,

· Section 39 of the Presidential Elections Act 1993 applies the provisions of section 95 of the Electoral Act 1992 and provides that the local returning officer at a Presidential election is responsible for the appointment of presiding officers and poll clerks at a Presidential election,

· Rule 57 of the Second Schedule of the European Parliament Elections Act 1997 provides that the local returning officer at a European Parliament election is responsible for the appointment of presiding officers and poll clerks at a European Parliament election, and

· Article 58 of the Local Elections Regulations 1995 provides that the returning officer at a local election is responsible for the appointment of presiding officers and poll clerks at a local election.

The primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. The legislative framework outlined above determines the numbers of returning officers appointed in respect of any election. As electoral law provides that returning officers are responsible for the appointment of polling station staff, my Department does not keep records in relation to those appointments.