asked the Minister for the Environment if polling clerks and personnel generally employed in polling stations during the recent local and European elections were entitled to vote; the arrangements made to facilitate them, and if he is aware of a decision taken to deprive such citizens of their voting rights in certain circumstances.
Ceisteanna—Questions. Oral Answers. - Local and European Elections.
1.
Where a person is employed by a local returning officer at an assembly election and his duties are such as to prevent him voting at his normal polling station, the local returning officer may authorise him to vote at another polling station in the same constituency. A similar provision applies in relation to local elections. I understand that in at least one area the local returning officer decided not to give such authorisations because of difficulties arising in the absence of polling cards. I would point out, however, that under the law the giving of an authorisation is entirely a matter for the local returning officer.
Has the Minister had one report only of such an incident?
That is all to date. That arose in Dublin and I am assured that the authorisation will be given for the referenda.
What is the legal effect of that? Is any action proposed to be taken, in view of the fact that it appears that the Constitutional entitlement of an unspecified number of people, possibly hundreds has been endangered, to impress upon those responsible that there should not be a recurrence of this and that they were in breach of the law?
This case arose because of the absence of polling cards and because of difficulties in identifying where the person's vote was. It has been raised with the returning officer concerned.
Question No. 2.
We understand that the authorisation will be given next Thursday.
Does that mean that the breach of the law is being ignored by the Minister?
Under the electoral law it is a matter for the returning officer and it is permissible but not obligatory on the returning officer.
Can the Minister assure the House that the validity of the poll in that constituency is not in doubt?
I do not see how it could be in any doubt any more than if people who could have gone to the polls had not gone would put it in doubt.
It would not hurt anybody if the Minister would condemn——
We must move on.
(Cavan-Monaghan): Can the Minister explain what is meant by the absence of polling clerks?
Polling cards, it is a matter of identification.
(Cavan-Monaghan): The procedure is not to send people employed by the returning officer out of their own constituencies or their own electoral areas.
That is the usual procedure but in some cases they have to leave their own electoral area.
In the interests of people who want questions answered I must tell Deputies that trivial or irrrelevant questions are only taking up time.
It is our basic Constitutional right.
The Chair will decide that.
(Cavan-Monaghan): Will the Minister, ask the presiding officers or the returning officers to ensure that employees are left within their areas in future so that they can exercise their vote?
I can certainly ask them but under the electoral law returning officers have the power to designate where a person is to go.