I move amendment No. 208:
In page 40, subsection (2) (a), line 17, after "employer" to insert ", or, where the applicant is a person referred to in section 52(2), a certificate from the registrar, or secretary, as may be appropriate, of the relevant educational institution,".
I move amendment No. 209:
In page 42, before section 58, to insert the following new section:
58.—The Act of 1997 is hereby amended by the insertion of the following Rule after Rule 29 of the Second Schedule:
29A.—(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 52 of the Electoral Act, 1997, subject to the following modifications:
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—
(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;
(ii) complete and sign the said declaration of identity;
(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;
(iv) mark, in secret, the ballot paper;
(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;
(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;
and shall send the last-mentioned envelope by post to the local returning officer;
(b) a reference to ‘receipt', in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity'; and
(c) a reference to ‘receipt duly signed', in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station'.
(2) In this Rule ‘ballot paper envelope' and ‘covering envelope' shall have the meanings specified in Rule 32(3).".
Acceptance of this amendment involves the deletion of section 58 of the Bill. Is that agreed? Agreed.
Section 58 deleted.
I move amendment No. 210:
In page 43, before section 59, but in Part VII, to insert the following new section:
59.—The Local Elections Regulations, 1995 (S.I. No. 297 of 1995), are hereby amended by the insertion of the following article after article 30:
30A.-(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 52 of the Electoral Act, 1997 subject to the following modifications:
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—
(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to article 33 (3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity;
(ii) complete and sign the said declaration of identity;
(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;
(iv) mark, in secret, the ballot paper;
(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;
(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;
and shall send the last-mentioned envelope by post to the returning officer;
(b) a reference to ‘receipt', in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity'; and
(c) a reference to ‘receipt duly signed', in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station'.
(2) In this article 'ballot paper envelope' and 'covering envelope' shall have the meanings specified in article 33 (3).'.".
Section 57 sets out the procedure to be followed by electors entering on to the postal voters' list for Dáil elections. The local election regulations, which are published, provide for separate rules governing postal voting at local elections. These are virtually identical to the corresponding provisions for Dáil electoral law so it is now necessary to amend that code by inserting a provision, corresponding to section 57, in the postal voting rules for local elections.
Can that not be dealt with by way of regulation? Is it necessary to insert a new section to amend a regulation? It seems a rather peculiar method to adopt.
The Chairman——
I could do it by way of regulation but it would mean I would have to have a formal resolution from both Houses. Rather than doing that, this can be achieved through primary statute which has the effect of putting the measure before the Houses immediately rather than having to come back at a later stage with draft regulations and engage in subsequent debate. Those who are involved in this debate will understand the context in which this has been done.
