Written answers
Tuesday, 28 May 2024
Department of Housing, Planning, and Local Government
Electoral Process
Patrick Costello (Dublin South Central, Green Party)
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290. To ask the Minister for Housing, Planning, and Local Government if local authorities will publish the specific address of political candidates; the actions his Department have taken to clarify this; and if he will make a statement on the matter. [23956/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Under electoral law, a nomination paper must state the name, address and occupation (if any) of a candidate at a local election. A ballot paper must contain the name and description of the candidate standing nominated, as shown in the nomination paper. This requirement is intended as a means of identifying a candidate and ensuring the transparency of elections. In ruling on the validity of a nomination paper, the independent Returning Officer must, amongst other things, object to the description of a candidate which is, in his or her opinion, incorrect or insufficient to identify the candidate.
Guidance provided to Local Authority Returning Officers by my Department in advance of the upcoming local elections states that a candidate’s address need not necessarily relate to their residence but could, for example, refer to their place of business.
Article 50 of the Local Elections Regulations 1995 provides for the publication of a Notice of Poll as soon as practicable after the adjournment of an election for the purposes of the taking of a poll. The Notice of Poll must include, among other things, the names and descriptions of the candidates as given in their respective nomination papers.
During the Committee Stage debate on the Electoral (Amendment) Act 2023, the issue of the requirement for the address of a candidate on ballot papers was raised. During the debate, I highlighted that An Coimisiún Toghcháin had prepared its first draft research programme and was seeking the views of the Oireachtas, the public and other interested parties on its research priorities. In response to An Coimisiún's call for submissions I asked it to consider the issue of the address of candidates on ballot papers.
Changes to electoral law in respect of the issue would have regard to any recommendations made by An Coimisiún Toghcháin.
Cian O'Callaghan (Dublin Bay North, Social Democrats)
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291. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 336 of 18 October 2022, if he will provide an update on the Government’s response to TRIS notification numbers 2022/376/IRL and 2022/184/IRL; the details and a timeline of plans to amend the Electoral Reform Act 2022 to address the issues raised by these TRIS notifications; and if he will make a statement on the matter. [24048/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Following the TRIS 2022/376/IRL and 2022/184/IRL, my Department, over the course of 2023, engaged extensively on the Proposal for a Regulation of the European Parliament and of the Council on the transparency and targeting of political advertising as that proposal progressed through the inter-institutional negotiations.
In this context, Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising was adopted earlier this year by the European institutions and will apply throughout the European Union on and from 10 October 2025.
Given the significant overlap that exists between Part 4 and Regulation (EU) 2024/900, it will now be necessary for Part 4 to be brought into alignment and harmonised with the requirements of the aforesaid Regulation.
In light of these developments, my Department is also examining Part 5 of the Electoral Reform Act 2022 and the amendments that may be needed to commence its provisions as soon as practicable in 2024. In this regard, the Department is engaging with An Coimisiún Toghcháin, the technology sector and other stakeholders in relation to the implementation of Part 5 of the Act and I will bring forward proposed amendments to Part 5 as soon as possible.
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