I shall resist the temptation to comment on the provisions of various Local Government Acts. Nonetheless, I might make one comment having listened to the previous five contributors to this debate. While we are all inclined to criticise the powers of certain unelected individuals at local government level, we must remember that it was legislation passed by this House and its Members which vested such powers in them, whether under the Managerial Act, the various pollution Acts, the planning Acts or the National Roads Authority Act. While we may complain that we do not now have the power or influence we should like at local authority level, all such power emanates from these Houses and can also be altered here. If we are sufficiently dissatisfied, perhaps we should seriously consider such a possibility.
One of the great problems encountered in local government circles is the continuous lack of finance to fund many projects we should like to see implemented within our functional areas. I recollect, from a visit to Washington, having seen carved in granite above the facade of their Treasury Department: "No Representation Without Taxation", an appropriate message to everybody involved in local government, reminding them that there is a cost involved, which bullet will have to be bitten if people want more real power vested in them at local authority level.
Having moved from poacher to gamekeeper in this local government area, beginning as a rate collector for my urban district council, afterwards serving as Minister for the Environment, I witnessed much of what occurred at every level in local government.
Of one thing I am certain, that is that the officials who drafted this statutory instrument are very knowledgeable, experts in their field — I do not make that comment merely because they are present — to whom we owe a great deal of gratitude for the many Electoral Acts drafted and the methods deployed to ensure that democracy functions as efficiently as possible. That is not to say we cannot criticise the occasional handy work in which they engage.
A statutory regulation, of necessity, is and must be a legal document because disappointed candidates may attempt to use it or earlier instruments to ascertain whether results can be reversed when a close result emerges or a recount is necessary. While the language used may appear to be somewhat dry and formal, it is necessary. For example, while it is not specified in this document that local elections must be held under the proportional representation system, there is reference to previous Acts. It specifies how votes will be distributed under the system but it would have been more helpful had it been specified that all elections here are held under the proportional representation system, or single transferable vote rather than refer to some previous Electoral Act.
The main purpose of this statutory instrument is to allow citizens of other European Union member states not only to vote in Irish local and certain other elections but also to stand as candidates, which I particularly welcome. All of us have encouraged citizens of other European Union member states to establish businesses here, and that has been enormously beneficial in creating employment. If European Union citizens, managing or working in companies and living here consider they can contribute by standing for election, they are more than welcome to do so, bringing their expertise and business acumen to bear whenever they have an opportunity to stand as candidates just as do natives representing the electorate of their local areas.
Another omission from this statutory instrument relates to the tenure of office of any given local authority or council. It would have been useful to indicate in a document such as this a minimum and a maximum term. This would inform the public and any Member elected how long he or she could expect to take certain decisions or perhaps influence decision-making in the area he or she represents.
Since the main thrust of this statutory instrument is the inclusion of citizens of other European Union states in our electoral process, it would have been useful to have specified the electoral system here which varies enormously from that in other EU member states, from the straight-past-the-post system in the United Kingdom, the list system in Germany and the various other proportional representation systems operating, thus informing their citizens adequately of our electoral system within which they must be elected.
I note that local authorities must fund their elections. In the case of local elections when urban and county council elections are held on the same day, polling boxes in urban areas are shared with county councils, thereby splitting the expenditure involved. I see no reason larger local authorities should not pay for the privilege of holding their elections within a small urban area.
Rather than use terms like Chairperson, Alderman and the like, all officeholders in EU member states are described as Mayors. With the advent of many more women elected to public office, it is no longer appropriate to use the term chairman; perhaps the Irish version "Cathaoirleach" would be easier or more appropriate. Since we are being encouraged to twin with various continental towns — for which we receive funding — why not use the term "Mayor", and at least afford elected representatives that status. It would lead to greater uniformity in the terminology used whenever they travel abroad. That term would be easily understood.
I note the draft statutory instrument does not explain who cannot stand for election. In the past there were categories of people who were not allowed to stand. Age is a barrier; people have to be over a certain age to stand. People who broke the law, those who were bankrupt or those who used to be described unkindly as imbeciles could not stand. Have those restrictions gone for those who are bankrupt or in jail? It might be nice to know if one is serving a term in prison that one could stand in local elections, but I do not think one can.
The deposit for candidates at local elections is not a big issue. A sum of £25 should not present a problem for most people and should not prevent them standing. Under the old system it cost £10 to run in an urban election and that sum is now out of date given the levels of inflation over the last 30 years. The county council elections will now require a deposit of £50 which is not a large sum. There are a number of vexatious characters who would put their names forward for every area in the country if they could and I doubt if the increases will deter them.
I would like to have seen a change made in the arrangements whereby a person may stand in a number of areas for the same local authority. I see no point in this practice and it should not be continued. One should make a selection and stand in that area alone. I recall in the 1970s one candidate standing in an urban area where there was a ward system and winning in three wards. A heavyweight candidate could stand in a local election and then stand down and hand on the seat to somebody else, a practice which could upset the democratic balance of wards or county areas. One should be honest enough to stand in one area, win or lose, rather than have people who expect to win in all areas or who wish to cover themselves each way in different areas.
I would also like to have seen a mention of votes for emigrants. In the past Deputies from all parties have promised emigrants they would ensure representation. I suggested it would upset the balance of elections if emigrants were to elect Members to the Dáil and that the appropriate House for representation from various parts of the world would be Seanad Éireann.
If a German citizen, for example, who has a job in Ireland stands and is elected in a local election, then returns to his native country but wishes to continue serving on a council, what expenses would he be paid? Would he be paid travelling expenses from Berlin? Wicklow UDC could find itself in this situation as we have quite a number of European nationals who have set up businesses in the area who could be transferred back to their native countries. If they were elected would they be paid mileage at 74p per mile or get the first class air fare?
Given that one of the main changes in this statutory instrument could bring about this situation, perhaps the Minister would clarify the point. I assume they would only get travel expenses within the county if they are members of a county council. It might be no harm for this document to state as much before a case arises of an official in the EU wishing to travel back and forth to county council meetings.
I would like to see the scope of the special votes and postal votes widened. It has remained too narrow over the years. People in the State travel to other parts of the EU or to the US out of necessity as much as anything else. With regard to local elections we often talk about wanting to see young people involved in local elections and using their votes. In the last local elections I found the fall off in the numbers voting was among the younger people, who walked past the polling stations without bothering to vote. We should encourage them to vote.
The third level entry points system is one mechanism that discourages young people from voting. A young person from Wicklow, for example, may only be able to get a college place in Letterkenny, Waterford or Galway. If they go there how can they vote? They cannot apply for a postal vote or to be included on the special voters register yet they should be allowed to do so. The idea of sending fleets of cars and buses to collect people to vote for one party or another is negative.
If they miss their first opportunities to vote they may never vote again as they may feel they were denied a vote. I do not know if changes can be made in this statutory instrument at this stage, but the Minister should consider introducing provisions to take into account the students who, because of our education system, are scattered around the country away from the place where they may wish to vote. The Minister may tell me they can register in the area of their college but that is not the answer. They may have grown up in a different area, knowing the local representatives and the local problems, and they may want to be represented in their own area.
The old tin ballot boxes still being used are a longstanding concern of mine. They are out of date and cumbersome. Some of the staff who work in the polling stations do not know how to seal them properly and they could easily be opened and the contents tampered with. We saw modern, transparent ballot boxes in use in South African elections. We should re-equip ourselves with modern replacements.
I do not believe many people, Members of this House included, know how the single transferable vote system works when it comes to surpluses and continuing counts. I doubt if anyone could explain it cogently. Perhaps a document, not using the same language as this one, could be given to everyone, not just to candidates. Members are here because they have been successful under this system but few of us know how it works in a close vote. In local elections, there may be a tied vote after ten counts and it may be necessary to check who had most votes on the first count or how many spoiled votes there were.
When instruments such as these are revised, small improvements would simplify our job of explaining how democracy works in local elections, not only to young people but our canvassers.