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Dáil Éireann debate -
Thursday, 6 Dec 2001

Vol. 546 No. 1

Written Answers. - Electoral Law.

Proinsias De Rossa

Question:

19 Proinsias De Rossa asked the Minister for the Environment and Local Government the specific steps he intends to take to prevent a widespread campaign of impersonation at the next general election, particularly having regard to his comments in a newspaper (details supplied); the procedures in place to ensure that false applications are not made for inclusion in the supplementary electoral register; and if he will make a statement on the matter. [31107/01]

The prevention of personation at elections is an important protection of the democratic process, and I have accordingly been keeping the operation of personation provisions under review.

These provisions allow a presiding officer of his or her own volition, or if so required by a personation agent, to request any person applying for a ballot paper to satisfy them as to their identity by producing any one of a number of specified documents. A person may also be required to answer certain prescribed questions, take an oath or make an affirmation as to their identity. Where a person fails to produce such a document or the presiding officer is not satisfied that the person is the person to whom the document relates, a ballot paper is not issued. Presiding officers have powers to direct a member of the Garda Síochána to arrest a person where they have reasonable cause to believe that personation is or has been committed and electoral law also provides for the offence of personation and appropriate penalties.

In relation to the consideration of applications for entry to the supplement to the register of electors, comprehensive advice has issued from my Department to registration authorities. For each such application, authorities have been advised to check basic eligibility criteria, seek further information from the applicant and consult with the enumerator for the area if necessary. While authorities are encouraged to rule on applications as soon as possible, a decision should not be made until they have completed all the enquiries considered necessary. Furthermore, in considering applications, registration authorities are empowered to require a person to furnish additional information, to produce a certificate of birth or naturalisation or to make a statutory declaration. As with personation, electoral law provides for offences and penalties in relation to the registration of electors.

In any consideration of electoral procedures, there is a balance to be struck between facilitating eligible persons to vote and protecting the system from electoral abuse and it is in this context that the operation of the existing controls will be monitored and improved, where necessary.

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