Dáil Éireann Debate, Tuesday - 10 October 2023
290. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage what efforts are being made to ensure the integrity of local elections taking place in 2024; and if he will make a statement on the matter. [43889/23]
View answerThe primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within that framework, returning officers are responsible for all matters in connection with the actual conduct of elections and referendums. This includes the provision of a sufficient number of polling stations, conveniently distributed for the accommodation of the electors entitled to vote there as well as the selection, appointment and training of polling station and count staff in accordance with the relevant provisions of electoral law.
As a safeguard against the offence of personation at the poll for local elections, Article 73 of the Local Elections Regulations 1995 provides that a presiding officer may, at his or her own discretion, or if required by a personation agent present in the polling station, require any person attending to vote to produce one of the specified documents as evidence of identity. If he or she fails to produce the document, or if the presiding officer is not satisfied that the person concerned is the person to whom the document produced relates, the person shall not be permitted to vote. The documents that may be accepted are prescribed in regulation 2(b) of the Electoral (Amendment) (No. 2) Regulations 2019.
In addition, admittance to count centres is also a matter for returning officers. The Local Elections Regulations 1995 provide that the returning officer, his assistants and clerks, members of the Garda Síochána on duty and candidates and their agents may be present at the counting of votes at a local election. No other person may be present at a count without the permission of the returning officer.
In advance of each election and referendum, my Department routinely issues guidance to returning officers. This guidance would typically emphasise that the smooth conduct of polls is dependent on maintaining a cadre of sufficiently skilled and experienced personnel. Having regard to that overall objective, returning officers are advised to employ competent and efficient persons as polling clerks whose responsibilities will be overseen under the guidance of experienced presiding officers.
Separate to the role of returning officers, An Coimisiún Toghcháin, which was established on 9 February 2023, is now operational. Section 30(3) of the Electoral Reform Act 2022 provides that An Coimisiún shall be independent in the performance of its functions.
In very broad terms, An Coimisiún will take on several existing electoral functions, including the registration of political parties and the work of Referendum Commissions, Constituency Commissions and Local Electoral Area Boundary Committees. It also has a range of new functions including a research, advisory and voter education role and the oversight of the electoral register. Responsibility for the regulation of online paid-for political advertising and the investigation and monitoring of online disinformation, online misinformation and manipulative or inauthentic behaviour online during election campaign periods will also become functions for An Coimisiún upon the commencement of the relevant parts of the Electoral Reform Act 2022, which is progressing. It is also empowered to prepare ex-post reports on the administration of electoral events.
Ultimately, An Coimisiún Toghcháin will strengthen our electoral system as a whole and help us to anticipate and respond to the challenges we face in an ever evolving electoral environment.
