asked the Minister for Justice if any complaints regarding irregularities alleged to have taken place at polling booths in Midleton, County Cork in the local elections on 21st June last were referred to his Department; if so, if he has had them investigated; and with what result.
Ceisteanna—Questions (Resumed). - Local Election Irregularities.
90.
Complaints of intimidation and of the irregular marking of ballot papers in the Midleton area were investigated by the Garda Síochána. The investigations disclosed no evidence of intimidation. They did, however, confirm that some ballot papers had been marked for the voters concerned by candidates or canvassers for candidates.
A report on the matter was submitted to the Attorney General who decided that, while there was evidence that ballot papers were marked as alleged, this is not a specific offence against the Local Elections Regulations, 1965, and the evidence was insufficient to justify a prosecution for any of the offences that are specified in those regulations.
Am I to understand that the Attorney General reached the decision that the marking of ballot papers by candidates' agents or election workers is not an offence?
This was by way of companions to facilitate incapacitated voters. As far as there were irregularities, they were common to all political Parties.
(Interruptions.)
I know that that does not change the situation. There may be a case for tightening up the regulations. I will look into it.
(Cavan): Is it a fact that the regulations provide that neither a candidate nor his agent can act in this way?
That is right.
(Cavan): Apparently that was happening on a rather wholesale scale in Midleton.
The regulations are not sufficiently tight in defining precisely who can be a companion to an incapacitated person. I will be in touch with the Deputy's colleague.
A candidate is expressly forbidden——
(Cavan): The regulations expressly exclude candidates or candidates' agents.
They do not make it an offence for an agent to be a companion. It is not a specific offence.
(Cavan): I take it that the presiding officer in question would be fully instructed?
Possibly here again there is a need for tightening up. It is not long since we provided for the provision of companions. On this occasion we are satisfied there was looseness but it was common to agents of all political Parties. There was no offence.
Was the Minister waiting for us to draw up the legislation?
Does the Minister not find it a trifle odd that so many complaints in regard to the behaviour at elections go to the Attorney General, are regarded as being sufficiently serious to be sent there, but when they get there they come to a stop, and does he not feel that there might not be a certain something in the background in regard to the Attorney General?
I can assure the Deputy that a very positive prosecution was brought, and succeeded in the courts, in relation to a voter in my constituency in the last election. That nails on the head what the Deputy is trying to suggest.
(Interruptions.)
None of these innuendoes.
That was very public-spirited and is to be commended.
The Minister paid the fine when the person was convicted.
More innuendoes.
(Cavan): Queer things go on in the Minister's constituency, like the multiplication of letters.
Indeed.