Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Under electoral law, Returning Officers are responsible for the selection and provision of polling stations at polling places. Section 94 of the Electoral Act 1992, as amended by section 3 of the Electoral (Amendment) Act 1996, provides that Returning Officers must, where practicable, select buildings for polling stations which are accessible to wheelchair users.

In 2018, my Department established a Working Group on Disability Voting to examine relevant issues that arise under a range of areas, including improving accessibility to polling stations for voters with physical disabilities, particularly wheelchair users, with the goal of all polling stations being fully accessible as soon as possible. Data from Returning Officers indicated that in 2019 there were 103 inaccessible polling stations across the country (in 51 buildings). The most recent data from returning officers indicates that this number had reduced to 34 polling stations (in 23 buildings). Returning Officers continue to work to reduce the number of inaccessible polling buildings and polling stations.

Returning Officers must give public notice of all polling stations that are inaccessible to wheelchair users not later than eight days before polling day. If an elector anticipates difficulty in gaining access to his or her polling station, he or she may apply in writing to the Returning Officer for authorisation to vote at another polling station in the same constituency.

Recognising that people with disabilities have particular needs, my Department endeavours to ensure that the voting process is as accessible and inclusive as possible. My Department produces a Memorandum for the Guidance of Returning Officers in advance of all electoral events. These memoranda advise that the selection of polling stations should have regard to the needs of voters with disabilities. They also advise that if a polling station traditionally used is not accessible consideration should be given to using an alternative accessible venue, or consider practical ways in which the current venue could be made accessible.

The Electoral Acts also provide for a range of measures to meet the needs of people with physical disabilities, including:

• the requirement on local authorities, in making polling schemes, to appoint as polling places areas where at least one polling station will be accessible to wheelchair users;
• the requirement on Returning Officers to put in place arrangements to facilitate the marking and placing in the ballot box of ballot papers by wheelchair users. In guidance to Returning Officers, my Department has suggested the provision at each polling station of an appropriately located table and chair to facilitate this requirement;
• the requirement on Returning Officers to ensure, where practicable, that the place appointed for the counting of votes is accessible to wheelchair users.

Furthermore, a person with a disability or illness that prevents him or her from going to the polling station can vote by post if he or she applies to be included in the postal voters list. A person residing in a hospital, nursing home, mental health facility or similar institution who has a disability or illness which prevents them from going to the polling station, can vote at the hospital, mental health facility or nursing home if they apply to be included in the special voters list.

Under the Electoral Reform Act 2022, An Coimisiún Toghcháin (The Electoral Commission) is responsible for a range of electoral functions, which will support a fair and equitable democratic system. Section 68 of the Act makes provision for An Coimisiún to prepare ex-post reports on the administration of electoral events. The legislation requires that such reports will have a particular focus on the assistance given by Returning Officers and Presiding Officers to people with disabilities.

While comprehensive arrangements are in place to assist participation in the electoral process by individuals with physical disabilities, nonetheless my Department continues to seek to improve these arrangements and to have regard to the special needs of such persons.