Written answers

Wednesday, 14 December 2022

Department of Housing, Planning, and Local Government

Electoral Process

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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86. To ask the Minister for Housing, Planning, and Local Government if he has plans to undertake a review of the voting process to ensure compliance with the UNCRPD and universal design in consultation with designated public officials and persons with disabilities; and if he will make a statement on the matter. [62583/22]

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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87. To ask the Minister for Housing, Planning, and Local Government if he will detail the training in disability awareness that is in place for all returning officers and polling staff; if he has plans to introduce a complaints mechanism to ensure timely and appropriate remedies to those polling station service users with disabilities who have a justified complaint; and if he will make a statement on the matter. [62584/22]

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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88. To ask the Minister for Housing, Planning, and Local Government if he will consider removing the need to renew access for postal voting on an annual basis for persons with a disability; and if he will make a statement on the matter. [62585/22]

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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89. To ask the Minister for Housing, Planning, and Local Government the actions that he has taken to ensure that information in polling stations is in accessible formats for people with disabilities; and if he will make a statement on the matter. [62586/22]

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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90. To ask the Minister for Housing, Planning, and Local Government if he has investigated alternative voting mechanisms that are currently in place in other countries that make voting more accessible for people with disabilities such as internet voting which takes place in Estonia; and if he will make a statement on the matter. [62587/22]

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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I propose to take Questions Nos. 86 to 90, inclusive, together.

Under the provisions of Part III of the Electoral Reform Act 2022, the introduction of a rolling electoral registration process (in contrast to the former annual registration process) means that people can register or update their details, including postal voting applications at any time of year up to the usual deadlines in advance of an electoral event. As part of applications for a postal vote for those with an illness, disability or mental health difficulty that prevents them from attending a polling station, the certifying medical practitioner no longer needs to provide the nature of the illness or disability but can indicate an expected duration, which the registration authority will have regard to when assigning a postal voting arrangement. This means that for those people with longer term or ongoing issues, annual renewal will not be required.

The Electoral Reform Act 2022 also sets out the legislative provisions for a new independent electoral commission for Ireland, entitled An Coimisiún Toghcháin. An Coimisiún will be an independent body of substance, with a range of new functions including a research, advisory and voter education role. An Coimisiún's research role will mean that it is well placed to review and make recommendations in respect of electoral matters. This will include matters relating to the accessibility of voting, including international developments in this regard. An Coimisiún will also be well placed to provide advice and recommendations relating to alternative voting mechanisms.

Under section 68 of the Electoral Reform Act, An Coimisiún Toghcháin will have a function to report on the administration of electoral events, with specific reference to the assistance given by presiding officers or returning officers under the accessibility provisions set out in the electoral acts. This will be a significant step in highlighting best practice and encouraging a consistent implementation of accessibility provisions across all constituencies.

Recognising that people with disabilities have particular needs, my Department endeavours to ensure that the voting process is as accessible and inclusive as possible. In my Department’s Memorandum for the Guidance of Returning Officers, which issues in advance of electoral events, advice is provided about the selection of polling stations having regard to the needs of voters with disabilities. Where it has not been possible to acquire premises for polling stations that are or can be made accessible to wheelchair users, Returning Officers must give public notice of these premises as soon as they are selected as polling stations. They are advised to do so as soon as possible but, as a minimum, they are required to do so no later than 8 days before polling day so as to give electors adequate time to apply to have their vote transferred to an alternative accessible polling place if they so wish. The Guidance advises Returning Officers that the form of public notice could include advertising in national and local newspapers, use of appropriate websites, use of local media and communicating with local disability groups as well as other relevant local and national groups.

My Department’s Memorandum for the Guidance of Returning Officers also addresses the need for awareness regarding the needs of voters with disabilities. Returning Officers are required to provide at each polling station an appropriate table and chair, located in such a position as to ensure secrecy in voting, at which electors such as wheelchair users, persons with a physical disability, persons with vision impairment or the elderly can mark their ballot papers if they find it more convenient. Where feasible, they are asked to consider installing a low height voting compartment to facilitate voters who use wheelchairs or those who are short of stature.

My Department’s Manual for Presiding Officers, which also issues to Returning Officers in advance of electoral events for use in their polling stations, draws particular attention to the needs of voters with disabilities. The Manual sets out a number of practical measures in this regard. Local Returning Officers are responsible for providing necessary training for their staff, including Presiding Officers, in advance of polling day.

More generally, the Electoral Acts contain measures to assist voters with particular disabilities. Voters who are blind or vision impaired or who are otherwise so physically incapacitated or are unable to read or write to such an extent that they are unable to vote without assistance may avail of companion voting or voting with the assistance of the Presiding Officer. Section 88 of the Electoral Act 1992 (as amended) provides that the presiding officer shall prominently display a copy of the ballot paper in large print at the polling station and that the ballot paper may include a photograph of each candidate. Large print posters relating to “Electoral Offences” and “Evidence of Identity” are also displayed at polling stations to assist voters with a visual impairment. Blind and vision impaired voters also have the option to use a ballot paper template to enable them to vote independently.

Finally, the Program for Government, Our Shared Future, commits to An Coimisiún Toghcháin being mandated to examine the use of postal voting with a view to expanding its provision. Upon its establishment in early 2023, it is intended that An Coimisiún will be requested to carry out this research.

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