Alan M. Dukes
Question:28 Mr. Dukes asked the Minister for the Environment and Local Government when the provisions of the Electoral Act, 1997 will come into effect; and if he will make a statement on the matter. [20338/97]
Priority Questions. - Electoral Act.
The following provisions of the Act have already been brought into operation: section 1 which provides for the short title and commencement; section 2 which relates to interpretation; section 4 which relates to the monitoring of the operation of the Act by the Public Offices Commission; Parts II and IV which provide, respectively, for the establishment of a constituency commission on a statutory basis and the disclosure by political parties, their members and candidates for election to the Houses of the Oireachtas and the European Parliament of political donations received by them; sections 46, 47, 48, 57 (1), other than paragraph (b); sections 50 and 61, in so far as they relate to disclosure of donations received by candidates at a presidential election; section 71 which provides for the appointment of an officer by each political party who is responsible for ensuring compliance by the party with the provisions of the Act; section 73, other than paragraphs (a) and (c) which relate to the inspection of documents furnished to the Public Offices Commission under the Act; section 74 which contains a provision relating to offences by corporate bodies under the Act; section 76 which provides for amendments to the law relating to the registration of electors and postal voting; section 77 which provides for technical amendments to electoral and referendum law relating to the expenses of returning officers; section 80 which provides for an amendment to the law relating to the production, on foot of a court order, of Dáil election documents held by the Clerk of the Dáil; section 81 which provides for technical amendments of the law relating to the registration of political parties; and section 82 which amends local election regulations in line with other electoral codes which require public notice to be given by returning officers of polling stations which are inaccessible to wheelchair users.
The following provisions are due to come into force on 1 January 1998: section 3 which provides for the increase of various monetary amounts and limits specified in the Act; Part III which provides for annual payments to political parties and for the reimbursement of election expenses of candidates at Dáil elections who save their deposits; Parts V and VI which provide for the limitation of election expenses at Dáil and European elections and presidential elections, respectively; and section 23, other than those provisions already in operation.
The Act provides that the remaining four sections should be brought into operation by a commencement order or orders to be made by the Minister for the Environment and Local Government. These are sections 72 which relates to donations and election expenses at local elections, section 75 which provides for a consequential amendment of the law relating to local election petitions, section 78 which amends the law relating to free postage for candidates and section 79 which provides for greater flexibility for returning officers in commencing the count earlier than allowed at present. The commencement of those provisions will be considered in due course.
That is a muddled answer, but the most comprehensive I have heard the Minister give in the House for a long time. Will section 3, Parts III, V and VI, the remaining parts of section 73 and the other measures to which he referred come into operation on 1 January next?
Is it time to repeal the Act?
I am conscious Deputy Dukes has not been opposite me for very long. He will find all my answers will be similar models of information. I presume the Deputy asks questions to elicit information.
The Minister should acknowledge that he signed the orders.
All the sections mentioned by the Deputy are under review by me. As soon as I make a decision I will announce it in the House.
Would it be indelicate to ask the Minister who else is involved in this review? Would it be impertinent to ask if he has spoken to his colleagues in Cabinet about it? Would it be too daring to ask the Minister to forecast the outcome? The Bill is very well articulated and balanced. Will the Minister bring all its sections into operation on 1 January?
The Deputy has repeated his previous question.
I never repeat my questions.
I have discussed this matter with officials in my Department on a number of occasions, and I have taken advice on the legality and constitutionality of various sections of the Bill. I have discussed it with individual members of the Cabinet.
Including the Progressive Democrats?
I have not finished my review. I have not brought it formally to Cabinet, and I have not made a decision. As soon as I have, I will inform the Deputy.
Does the Minister take the view, not having finished his review, that we are now to see an end to the various predictions he has made about this Bill? The reactions from his colleagues in Cabinet are different from his own, and they do not want this matter reviewed in the way he has set out. Will the Minister now undertake to ensure that Parts 3, 5 and 6 will come into operation, as legislated for, on 1 January?
The Deputy can surmise what he likes and read whatever he likes into my answers.
Is it not the case that the Minister's colleagues have hung him out to dry?