The Bill introduces two measures of electoral for which there has been long-standing and deeply-felt demand. It provides special voting facilities for disabled electors and also establishes a system which will make it possible for diplomats representing this country abroad to vote at elections here. I am sure that the principle behind these reforms will be met with approval and, indeed, with a good deal of satisfaction.
Over the years the case for providing adequate voting facilities for the disabled has been made with force and conviction by Senators on both sides of the House. It has been maintained that our present voting arrangements, by not taking appropriate account of the specific needs of the disabled, may be discriminatory and may have the effect of disenfranchising an appreciable number of our citizens, the particular citizens being persons who already have to bear the considerable burden of ill-health or disability. The Seanad will recall that one disabled elector was so concerned about this state of affairs that she felt impelled to institute legal proceedings which have been dealt with in the High Court and the Supreme Court. The present Bill will make good this deficiency in our electoral law.
In dealing with the problem of voting by disabled electors the Bill recognises that there are two different levels of disability to be catered for. There are many disabled persons who are perfectly capable of making their way to the polling station but find access to the voting area difficult because of the physical characteristics of the building concerned. There may be steps to be mounted, narrow doorways or awkward corridors to be negotiated. The disabled electors may be faced with the choice of sacrificing their vote or enduring the indignity of being physically conveyed past the obstruction. At future elections, persons in this category will be able to transfer their vote to another polling station to which access is easier for them. In the run up to the election or referendum they may apply to the returning officer for the constituency who will issue the necessary authorisation.
In relation to those who are unable to visit the polling station by reason of long term physical illness or physical disability that voter may apply to the local registration authority for entry on what will be called "the special voters list". This list will be drawn up each year at the same time as the draft register of electors. Each application for entry on the list must be supported by a medical certificate.
At an election or referendum a ballot paper will be conveyed to each elector named on the special voters list, at their residence, by a special presiding officer accompanied by a member of the Garda Síochána. The special voter will make and sign a declaration of identity, which will be witnessed by the special presiding officer, and will then mark the ballot paper in secret. The ballot paper, enclosed in a sealed envelope will be conveyed by the special presiding officer to the returning officer for the constituency. It will then be placed in the postal voters ballot box and will be treated in exactly the same way as voting papers received from postal voters.
Under existing electoral law no provision is made for voting by civil servants attached to our diplomatic missions abroad. I understand that we are alone among the 12 member states of the European Community in not making some provision in this regard.
The position so far as this country is concerned is that, not only are special voting arrangements not made for persons in this category but the persons concerned are not, generally speaking, eligible for registration as electors. Under existing law, a person must be ordinarily resident in a constituency in order to be eligible for registration. A temporary absence of up to 18 months is not regarded as breaking the continuity of residence. However, civil servants attached to missions are normally posted abroad for a period of several years and, thus, would not satisfy the residence requirement for registration.
The Bill provides that civil servants and their spouses will be deemed to satisfy the residence requirement and will be entitled to be registered in respect of the address in this country at which they would be living if not posted abroad. They must, of course, also satisfy the normal requirements in relation to age and citizenship.
The arrangement envisaged is that applications will be made to the appropriate registration authority each year at the time when the draft register is being drawn up. The fact that the applicant is qualified for registration under this procedure will require to be certified by the secretary of the Department of Foreign Affairs. The registration authority will enter the names on the draft register and, as in the case of members of the Defence Forces and the Garda Síochána, will also enter them on the postal voters list.
Voting by persons registered under this provision will in general be carried out in the same way as voting by gardaí or members of the Defence Forces but with an important modification. In voting they will make a declaration of identity in the presence of a person authorised for this purpose by the secretary of the Department of Foreign Affairs — normally the ambassador or head of mission — and will mark their ballot papers, in secret, in his presence. The purpose of this modification is to provide a safeguard against the possibility of the kind of abuse which appears to be endemic in any postal voting system. I will be dealing with the question of abuse at greater length later.
In satisfying a long standing demand for reform in relation to voting by the disabled and by our official representatives abroad, I am confident that the Bill will be welcomed. An explanatory memorandum has been circulated which, I think, will serve to answer any question in relation to the detailed operation of the provisions.
I would like now to deal with some questions of principle and policy which I anticipate may be raised in the course of this debate. In particular I would like to set out the considerations which led the Government to go for the rather cumbersome and expensive special voting arrangement proposed for the disabled in preference to the seemingly simpler and less expensive postal voting system.
The Seanad will recall that we have had experience in the operation of an extended postal voting system at two local government elections. A fairly open-ended system was introduced for the 1974 local elections. It was tightened up considerably for the elections which took place in 1985 and additional safeguards were introduced. However, the sad and inescapable conclusion to be drawn from experience at these two elections is that postal voting is open to abuse, that it has been abused and that there is every likelihood that it would continue to be abused. It is equally clear that it is not possible to devise safeguards which would guarantee the elimination of such abuse. In particular, under postal voting, the individual voter and his ballot paper cannot be given the protection and the guarantee of secrecy which is afforded to an elector voting in the polling station.
As legislators there is undoubtedly an obligation on us to provide reasonable facilities to enable electors to cast their votes and in providing such facilities to take into account, as far as reasonably possible, the specific difficulties experienced by particular categories. However, there is a still more fundamental obligation on us to ensure that elections are decided by the free vote of the people and not by machinations.
The preservation of the integrity of the electoral system is particularly important in our situation where Government majorities tend to be slim and where individual seats can be won or lost by late preferences on a handful of ballot papers. I am aware as I am sure many Senators are of one situation in a recent general election where the allocation of the last seat in a five seat constituency was decided by five votes on the eleventh count. No doubt other examples can be given. The clear message is that abuse even on a very limited scale could call into question the result of an election. In those circumstances the concept of an acceptable level of electoral abuse is simply not on.
We are faced with the problem of striking a balance between the desirability of adjusting the voting arrangements to suit particular circumstances and the necessity to preserve the integrity of the electoral procedure. The special voting arrangements proposed in the Bill represent a measured response to this problem. They provide the disabled with a reasonable opportunity of voting and at the same time provide a complete safeguard against the abuse associated with postal voting.
I want to make it absolutely clear that the abuse which took place was not perpetrated by the sick, the disabled or the other categories for whom the system was devised. These were simply the innocent victims of the abuses which took place. It must be a source of sadness to us all that this is the situation. But we live in the real world and our proposals must take account of the situation as it is, not what we might wish it to be.