Gabhaim buíochas le gach Seanadóir a ghlac páirt sa díospóireacht. I thank the Senators for their contributions to this debate. While there was some heat at various stages, a range of constructive comments and suggestions were made and I want to address some of those. There was also, predictably I suppose, the narrow focus adopted by some Members who chose to ignore the positive reforms that I propose and instead concentrated on the single issue of the expenditure limits. I exonerate both Senators opposite who made positive and considered contributions. I will address that particular issue in my reply because it is necessary and we are looking for an all-party approach to funding, corporate donations, election spending and so on. These issues should be discussed seriously in the House rather than in the streets as happened last week.
The most radical of the reforms is the provision of electronic voting and counting. Senators who addressed this issue made reference to Part 3 of the Bill which deals with this. Senator Quinn made a constructive contribution on the subject and I will address his and other Senators concern about electronic voting. The system will be easy to use. Nobody will find difficulty with it as it will be as simple as the lottery. Simplicity has been the guiding principle since work began on the project and I am satisfied that the system chosen will be simple to use for both voter and electoral staff. Electors will register in the normal way at the polling station. Personation was mentioned by Senator Costello and it can only be countered by ensuring that polling station staff ask for and insist on identification. That may not be absolutely necessary in rural constituencies but is becoming increasingly necessary in city constituencies. Once a person has registered and been marked off the register in the normal way they will record their preferences by pressing designated spaces beside the candidates' details on the ballot paper displayed on the voting machine. They will then vote by pressing the "vote cast" button. All of the vote will be visible before they press the final button for the vote to be registered. If the person makes a mistake in the process prior to casting the vote they can obliterate it and go through the process again. There is that provision to correct or change a preference before the vote is cast. Once a vote is cast it is securely stored and protected in the event of a machine cut out or a power cut.
There will be an audit trail with this process. It will produce a list showing the preferences recorded for each vote cast. The system will be capable of printing out ballot papers to enable a manual count take place if necessary or if so ordered by the High Court. Each vote can be reproduced in printed form without revealing the identity of the voter. The votes cast will be stored randomly in the cartridges and mixed at the count centre to ensure that the vote of an individual cannot be identified. While a voter will not get a receipt the system will display a record showing the number of votes cast throughout the day. The voting machine proposed has been tested by reputable technical institutes in Holland and Germany. The machine has a sound track record in both countries. A comparison with recent experiences in Florida is not valid. There, 1960s punch card technology was used but I can assure the Senators that there will be no chads, either pregnant or hanging, as a result of this system.
Senators Coogan and Quinn wondered about the software which would be used. I accept that we must be conscious of possible flaws in the software. While I have every confidence in the company supplying the software, it has been intended from the outset that it be independently audited by one or more bodies to test its robustness and capacity to do the job. Every possible test will be carried out by my Department, by the returning officers, by the local government services board and by independent third parties to ensure the integrity of the system. Several Senators referred to the demise of the tallymen with the introduction of electronic voting. I sympathise. The tallymen's skills will be lost within two or three elections. They have been central to elections for a long time but we should not forget that they have no statutory function. The electronic system will produce the results within hours of the close of poll and parties will be able to get information on a station by station basis. Every party will have the same information. The results and data will be more accurate than the tallymen and more statistics and information will be available even down to all the preferences cast, if necessary.
Senator Doyle mentioned random selection. I myself benefited from random selection of ballot papers in 1989. Everybody expected my colleague in north Meath, Michael Lynch, would get the seat on the final count because his north Meath colleague, Deputy John Farrelly, was elected with a surplus. The random selection of the votes meant it was the votes of former Deputy Brian Fitzgerald that were counted and I won the seat as a result. Fortunately or unfortunately that random opportunity will be gone because the preferences right down the line will be recorded and weighted and the final decision will be made accordingly.
The present system has served us well but it has its imperfections. Votes can be unintentionally spoiled by voters themselves or because ballot papers have not been stamped. The new system will end such inadvertent spoiling. When thousands of pieces of paper are handled errors do occur in the counting process. If there is a large difference between candidates these errors are not so apparent but they do surface in recounts. No system is 100% perfect but I am confident that this electronic system will make it easier for the public to vote, will provide election results within a few hours of the close of poll, will improve the efficiency of electoral administration and will support a positive image for the country in the use of information technology.
Senator Cosgrave asked about the results of the Dublin South-Central experiment. That was in just one polling station, designed to test the system and see what the reaction was. It was not a scientific experiment but it was very positively received by everybody.
Senator Coogan referred to electoral lists. Up to 1936, a tripartite list was in use. From 1936 to 1942, draft registers were published. From 1942 to 1946, the old form was reverted to. In 1946, the draft register was brought back and has been in use since.
The joint committee on electoral law, 1960-61, recommended the re-introduction of the list arrangement, and the working party on the register of electors, 1983, was of the opinion that the three-part electoral list which enables the principal changes to be seen easily has considerable advantages. There will be three lists, one for the register proper, the second list for addition and a third for deletion. A composite list will be provided before an election or referendum.
Senators Coogan and Mooney sought clarification about the provision to allow electors who change address to apply for entry to the supplement. Before a person is entered on the supplement in these circumstances, the application will be first processed by the original registration authority and the person's name will be deleted from the register. The application form will then be sent to the new registration authority for entry on the supplement to the register. A copy of the register used at the polling station will include deletions. The use of an electoral list will probably be more efficient in these cases as a composite list including the supplements could be produced before polling day.
Senator Coogan also inquired about the use of offensive emblems. Conditions for the registration of emblems are set out on page 16 of the Bill and provide that an emblem shall not be registered if it is obscene or offensive. The type of emblems, such as swastikas as mentioned by Senator Coogan, would not be entered on the ballot paper unless it had been registered.
Senator Walsh raised the question of privatisation of the preparation and maintenance of the electoral register. There have been many complaints about the compilation of the register. Many Members of this House who are also members of local authorities may prefer if local authorities were not criticised. However, this is one area of their activities of which I certainly would be critical. The complaints about the accuracy of the register after each local or general election are numerous. I do not think that this responsibility of local authorities is high on their priority lists.
It is worthwhile to provide in the Bill for a facility where a body other than a registration authority may be able to improve matters. That would need some consideration and it would be necessary to have statutory backing. A draft ministerial order would require the approval of both Houses of the Oireachtas to institute such a body.
Speaking personally, an organisation like the ESB or Eircom might be able to compile a much more accurate register. Senators mentioned the anecdotal evidence of the phenomenon of people not wishing to have their names on the electoral register. This is a trend which I would not like to see continuing. Perhaps a body such as the ESB or Eircom would be able to ensure that the majority of people are included on the register. The Bill provides for enabling legislation, but I am not proposing that immediately.
Senator Walsh also referred to the possibility that a computer system should be able to examine all votes before a surplus is transferred. Until the system is extended throughout the country, the same rules must apply to constituencies where the system is used and to those where the existing manual system will still apply. When the system is extended to the whole country, consideration can be given to this matter.
Senator Quinn raised the issue of the complexity of the Bill and the need to consolidate electoral legislation. I agree with the Senator. It is my intention to produce a non-statutory version so that all provisions will be in one document and appropriate references to the relevant statutes will be contained therein.
Senators referred to section 48. This section will not provide powers to introduce substantial changes in other legislation. It provides for the application of the principles of subsection (3) in relation to electronic voting to the other electoral codes. I refer Senators to subsection (3) of section 48 on page 46. It is stated that any adaptation or modification provided by an order shall in every case be such as will result in the enactment concerned having effect subject to the same principles as the provisions of subsection (3) are subject to. Any adaptation or modification in so far as is practicable shall result in the enactment containing provisions corresponding in their terms to those of subsection (3) of the Bill. This provision will obviate the need for similar repetition in the other seven electoral codes. The contents of any such order will be similar to section 38. This is not a new development in electoral law. Similar provisions are found in the Electoral Act, 1992, the Presidential Election Act, 1993, and the Referendum Act, 1994.
Senator Cassidy referred to section 28 which provides that ballot boxes with less than 50 ballot papers be opened so that the preferences on the individual ballot papers cannot be read. This section proposes that the boxes be opened in the presence of agents of the candidates. I agree that this means in the view of the agents and other persons present at the count centre.
I wish to turn to the question of expenditure limits. I have listened to Labour Party Senators talking about the proposed increase in election expenditure limits and they speak as if the end of the world is imminent. The limits are the same for all candidates, whether they belong to political parties or are non-party candidates.
An advantage is conferred on non-party candidates. They will be able to spend all their money in their own constituency, whereas in the case of party candidates, the expenditure will be divided between party headquarters and local candidates. There is equality between all candidates as regards permitted expenditure by the candidate or a combination of the candidate and his or her own party.
The Labour Party is getting itself into trouble, which is the nicest way of putting it, by talking about Fianna Fáil automatically getting £1 million as a result of this. That is nonsense because the increase in the limits to more realistic levels does not give any party extra funds.
A Fianna Fáil candidate cannot spend any more than a Fine Gael, Labour or any other individual candidate. To say that Fianna Fáil can spend an extra £1 million is incorrect, it will be less than that. There is no guarantee that any party will get extra funding. A party can only spend a portion of the candidates' limits that the candidates agree within that party. The only reason the expenditure limit for Fianna Fáil can didates is higher than that for other political parties' candidates is that Fianna Fáil has more candidates, nearly a quarter of the total candidates. That is twice the number of Labour candidates and probably about a third more than Fine Gael. Fine Gael will also have higher expenditure as a result of this because they have more candidates. There is nothing to stop the Labour Party, or any other party, putting up more candidates if they want to. I agree with Senator Doyle in relation to this.
The level of expenditure by candidates is not necessarily reflected in votes received and the classic example is the 1992 election campaign. Fianna Fáil went on a splurge of newspaper advertising aimed at the Labour Party and their policies in the last week of that campaign, as Senator Costello will remember.