Amendment No. 1 is in the name of Deputy Mary Wallace and I now call the Deputy.
Electoral (Amendment) Bill, 1996: Report and Final Stages.
I move amendment No.1:
In page 3, to delete lines 14 to 18.
This amendment proposes to delete that part of section 1 which would give the Minister power to bring the Bill into force in parts through commencement orders. The effect of the amendment is that the Bill would come into force immediately upon being signed into law by the President. The Minister indicated last week during a meeting with me that he would have no objections in principle to doing this. I tabled the amendment because there is no reason to delay the implementation of any of the provisions. It provides that on the day the Bill will be signed into law its principal measures concerning the obligations on local authorities and returning officers to provide accessible polling procedures and the extension of the postal vote can come into effect without further work.
The provision of Braille templates at polling stations will require a small amount of work. That is recognised by the devolution to the Minister of the power to make regulations in the area. Overall, Fianna Fáil wants to stress there can be no further excuse for delay in providing accessible polling. This is a reasonable amendment and I hope the Minister will accept it.
The Deputy is right in saying I met her in relation to many amendments to this Bill. I gave her a personal commitment that I would sign a commencement order immediately after the signing into law of this measure by the President. I am a little taken aback that my good faith and word on this matter were not good enough for the Deputy and that she tabled an amendment. In the spirit of being supportive — I was going to sign it immediately afterwards — I accept the amendment. I am a little bruised that my good faith on this matter was questioned.
I thank the Minister for accepting my amendment.
Amendment agreed to.
Amendment No. 2 arises out of Committee proceedings, amendment No. 3 is an alternative and it is suggested that Nos. 2 and 3 be taken together. Is that satisfactory and agreed? Agreed.
I move amendment No. 2:
In page 3, to delete lines 19 to 25 and substitute the following:
2.—The Electoral Act, 1992, is hereby amended in section 28 by—
the insertion of the following subsection after subsection (1):
‘(1A) Each local authority shall, in making a scheme under this section, endeavour to appoint as polling places only such areas as shall allow the returning officer to provide at each polling place at least one polling station which is accessible to wheelchair users.',
the insertion of the following subsection after subsection (5):
‘(5A) (a) Where it is not practicable to provide a polling station which is accessible to wheelchair users at a polling place appointed for a polling district by a scheme for the time being in force in respect of a county or county borough, the local authority may appoint an alternative polling place at which it is practicable to provide a polling station which is accessible to wheelchair users for that polling district.
(b) As soon as may be after the appointment of an alternative polling place for a polling district under paragraph (a), the local authority shall notify in writing details of such appointment to the Minister.',
and
(c) the substitution in subsection (6) for 'a scheme under this section shall be' of 'a scheme under this section and an appointment under subsection (5A) of an alternative polling place for a polling district in a scheme for the time being in force shall each be'.".
The amendment provides for the amendment of section 28 of the Electoral Act, 1992, to enable a local authority to appoint an alternative polling place for a polling district where the existing polling place does not allow the provision of a polling station which is accessible to wheelchair users. The adjustment to a polling scheme under this amendment can be effected without the necessity of drawing up a complete new polling scheme for the local authority area. It would not be necessary to seek the approval of the Minister to such a proposal under my amendment. The local authority is simply required to notify details of such change to the Minister.
The appointment of an alternative polling station under this provision will be a reserved function as is the adoption of a revised polling scheme currently. This provision complements section 2 as amended by the select committee. That section requires local authorities in making a polling scheme to endeavour to appoint as polling places only such places as will allow the returning officer to appoint at a polling place at least one polling station which is accessible to wheelchair users. The new provision will enable local authorities to react to a change in circumstances during the currency of a polling scheme without undue formality and to achieve the objectives we commonly share as set out in section 2.
The amendment will meet the objectives of Deputy Wallace and the requirements sought by the select committee in a more user efficient and less cumbersome way than her amendment and I ask her to accept it.
This amendment provides alternative wording to an amendment we tabled on Committee Stage and provides for a simplification of the polling scheme process where it is intended to extend the provision of accessible polling. I have no problem accepting the wording of the Minister's amendment.
Amendment agreed to.
Amendment No. 3 not moved.
I move amendment No.4:
In page 3, between lines 31 and 32, to insert the following:
"(b) the insertion of the following subsection after subsection (3) of section 94:
‘(3A) The returning officer shall give public notice in such form as may be directed by the Minister of all polling stations which are inaccessible to wheelchair users not later than the eighth day before the polling day.',".
This amendment requires returning officers to provide public notice when they put polling stations in inaccessible buildings. It is proposed that this be done at least eight days before polling. Such notice will give those affected by inaccessible polling stations a chance to meet the deadline to apply to vote at an accessible station. At present people must apply to vote at another station seven days before polling day, but they only receive their polling card three days before polling day. In practical terms the way the law is currently written does not provide a way for such people to exercise their right to vote elsewhere.
This amendment is necessary because of the Minister's difficulty with the Bill's original proposal to change the deadlines included in the 1992 Act and to oblige that polling cards contain information on accessibility. The Minister originally agreed to consider those points but stated on Committee Stage that he was informed they were not practical.
The amendment represents the very minimum we can do to give people a practical opportunity to exercise their right to vote at an accessible polling station. There can be no doubt that this amendment is practical. Polling stations are decided at least eight days before polling and under the Bill the returning officer is obliged to take account of their accessibility. It is reasonable to expect at least some public notice concerning accessibility.
Giving public notice will provide a means of assessing whether the Bill is being properly complied with. At present there is no means of determining the level of accessible polling being provided by returning officers. That was demonstrated on a number of occasions. The Minister will recall I tabled a question on that matter but he was unable to give that information because the Department did not have it. The inclusion of this amendment would assist the compilation of such information.
A justification for opposing the Bill's original proposals was that advertisements could be put in newspapers that would have the same effect. This will ensure something as fundamental as this cannot continue to have the administrative basis which failed utterly to provide accessible polling stations to date. Acceptance of this amendment would indicate the Minister's good faith in helping people to have access to a polling station to vote. I know the Minister is concerned with this issue and this amendment represents a reasonable way of dealing with it.
My approach to this Bill demonstrates my concern about the issue the Deputy has just mentioned. As she said repeatedly, it is quite unusual for the Government to accept a Private Members' Bill from the Opposition but this was done on the basis that it was good law, that we could work together to have an enactment that represented not only progressive but practical legislation. There are a number of practical issues which I, as Minister, am charged to have regard to.
The issue sought to be addressed in this amendment is one rehearsed on Committee Stage. I have explained the difficulties in accepting the thrust of this amendment because of the practical burden it would place on presiding and returning officers but I am anxious to move as close to the Deputy's proposal as I can. Therefore, I suggest that we insert the words "where practicable" after the word "shall" in the first line and delete the words "in such form as may be directed by the Minister" in lines 1 and 2 of the amendment. Amendment No.4 would then read:
The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before the polling day.
That would allow sufficient flexibility for the returning officer to comply with the law but at the same time would ensure that somebody could not overturn a decision from a polling station by virtue of it not being possible to live up to this requirement. That captures the spirit of the Deputy's amendment while affording the returning officer sufficient flexibility.
I will accept that amendment to my amendment. As the Minister correctly said, it would give effect to what we are endeavouring to do without causing any problems.
I move amendment No. 1 to amendment No. 4:
To insert the words "where practicable" after the word "shall" in the first line and to delete the words "in such form as may be directed by the Minister" in lines 1 and 2 of the amendment.
Amendment No.1 to amendment No.4 agreed to.
Amendment No.4, as amended, agreed to.
We proceed to amendment No.5, Since No. 6 is related I suggest we take Nos. 5 and 6 together if that is satisfactory.
I move amendment No. 5:
In page 6, line 3, after "users." to insert the following:
"The Returning Officer shall not later than one month following the conclusion of the count inform the Minister where an inaccessible place was appointed at which to count the votes.".
These two amendments would oblige returning officers to inform the Minister whenever they use inaccessible buildings as count centres. The purpose is to afford the Minister the Oireachtas and the public a means of assessing the degree of compliance with this section.
It should be noted that one of the consistent features of our electoral system has been a presumption that something was being done merely because it was detailed in the relevant regulations, which is clearly absurd. For example, the Department of the Environment has no means of assessing compliance with the accessibility requirements of Part M of the building regulations, a point I raised also on amendment No.4.
These two amendments represent a tiny, reasonable and proportionate administrative imposition on returning officers. I hope the Minister will find his way to accepting amendments No. 5 and No. 6 which propose to amend the local election regulations in like manner.
Section 5 provides for the insertion in electoral law of a requirement that the returning officer shall, where practicable, ensure that the place appointed for the counting of votes is accessible to wheelchair users.
Amendments Nos. 5 and 6 propose to add a further provision into electoral law. They require the returning officer to inform the Minister of each case where a count centre appointed by him or her is not accessible to wheelchair users, not later than one month following the conclusion of the count.
I cannot accept these amendments. A returning officer is an independent, statutory officer responsible for conducting the election and counting the votes, as set out in section 31 of the Electoral Act, 1992. He or she is not answerable to the Minister and does not have to account for the performance of his or her functions to the Minister. Therefore, it would be inappropriate to require a returning officer to furnish the Minister with details of any count centre not accessible to wheelchairs. That would be inconsistent with electoral law which places full responsibility and independence on a returning officer for the performance of his or her duties.
Section 5 is a new provision which, for the first time, places a statutory requirement on returning officers to appoint places, where practicable, accessible to wheelchair users to be used as count centres. I cannot see how provision along the lines set out in these amendments would serve any useful purpose.
I went as far as I could on the previous amendment. Since I would be concerned to trespass on the statutory independence of returning officers, I ask that this amendment not be pressed.
This was another effort to determine the number of inaccessible count centres nationwide. However, if the Minister has a problem with this, I shall withdraw my amendment.
Amendment, by leave, withdrawn.
Amendment No. 6 not moved.
Bill reported with amendments.
We will proceed to Fifth Stage, in accordance with the Order of the House today.
Question proposed: "That the Bill do now pass".
I am proud to draw the attention of the House to the fact that this will be the first legislative enactment to implement a recommendation of the Commission on the Status of People with Disability published last month. I thank the Minister who has been more than helpful on this and earlier Stages and has shown a commitment to help people with disabilities. I am greatful to him for having persuaded his colleagues to accept this Bill.
I also acknowledge the help of Deputy Jim Mitchell, chairman of the Select Committee on Finance and General Affairs, its Secretariat, the many people with disabilities and the organisations who contacted me in support of this important Bill, demonstrating that Members take seriously the right of those with disabilities to equal access to the democratic process.
I hope local authorities and returning officers will ensure that all of its provisions are implemented by the time of the next general election, when there should be greater numbers of wheelchair accessible polling stations, thus ensuring a fairer voting system for those who to date could not gain access to polling stations. They should also ensure the availability of Braille templates so that blind people can vote, unaided.
Because we have agreed a further amendment today it might be useful to give a brief summary of its provisions, how it will impact on and dovetail into the body of electoral law. Under the Bill, as amended, a local authority, in devising a polling scheme, will have to endeavour to appoint polling places where at least one polling station in each polling district is accessible to wheelchair users. Where a polling place appointed under an existing scheme does not allow for the appointment of an accessible polling station, a local authority will be able to appoint an alternative polling place without undue formality if a more suitable building becomes available in the vicinity but outside the polling place.
Under this provision, returning officers will be required, where practicable, to provide polling stations and count centres accessible to wheelchair users. While making arrangements in polling stations to facilitate the marking and placement of ballot papers in ballot boxes, they will be required to make such arrangements — to be provided for in regulations made by me — to facilitate electors with visual impairment to mark their ballot papers.
Under the Bill postal voting is being extended to electors with a physical illness or disability which prevents them from voting at polling stations. This arrangement will be available to such electors resident at their normal place of residence. Special voting will continue to apply to such voters resident in hospitals, nursing homes etc.
The Bill also contains a transitional arrangement to enable me, by regulation, to appoint dates for the giving of public notice and the receipt of applicaitons from electors for entry into the postal voters' list for the register which will come into operation in February next. Once the Bill is passed by the other House, I intend to make those regulations without delay. It is my intention, and I know it is the wish of Deputy Wallace, that they will have full effect for the next general election which, I hope, is many months away.
I commend Deputy Wallace on her initiative in introducing this Bill and her tenacity in pursuing its passage through the House. Both I and the officials in my Department have been relentlessly pursued to ensure its speedy enactment. I am happy we have been able to work together to produce this important legislation which will make voting easier for those who are physically challenged. It has been a good day's work.
Question put and agreed to.