I move that the Bill be now read a Second Time. During the emergency special provisions were found to be necessary in order to defer the dissolution of Dáil Éireann until a new election had been completed. Provision was also made to facilitate voters and expedite the counting of the votes, particularly during the time when transport might be expected to be deficient.
The principal purpose of this Bill is to repeal the temporary provisions which related solely to the emergency in order to enable the Dáil to be dissolved and remain so dissolved until a new election takes place. The other provisions in the Bill were found by us to be, generally speaking, effective, and we consider they should form part of the ordinary electoral law. We are, therefore, taking the opportunity of carrying out a certain amount of minor consolidation in respect of these particular matters and to enact in permanent form certain provisions which, up to now, have been of temporary duration only.
As regards Section 2 of the Bill, it should be noted that, prior to the passing of emergency legislation, the hours of the poll were from 9 a.m. to 9 p.m. and there is no power to vary these hours in the ordinary law. We consider that certain circumstances may arise making it desirable to postpone the closing of a poll until 9.30 p.m.— for example, if there was a crisis in connection with transport or if a general election took place, through some untoward event, during the time when agricultural workers were very busily engaged—and it is felt that there should be an opportunity to vary the closing time of the poll. I think the members of the House will agree that such a suggestion has an obvious appeal to persons of all parties.
As regards Section 3, under the law, prior to the passing of emergency legislation, votes could be counted outside a constituency and the time at which the counting must begin is not defined with any great precision, nor is the returning officer compelled to commence the counting within a certain period of the closing of the poll. Moreover, the counting may be adjourned at 7 p.m. unless the returning officer and all the agents in a particular constituency agree to continue counting the votes. Section 3 of the Bill, on the contrary, requires the votes to be counted at a convenient place and the opening of the ballot boxes must commence at 9 a.m. on the morning after the closing of the poll. It is also provided that counting may continue until 11 p.m. and thereafter if all the parties agree. The result of this should be that in the ordinary way in most constituencies the result should be available within 48 hours of the close of the poll. I think all members of the House will agree that speed in counting the votes is a good policy to encourage.
Section 4 deals with polling cards. There is no existing authority in the normal election law to provide for the issue of polling cards to voters indicating to them the place at which they should vote. A temporary measure was passed which did not provide for local elections but which enabled polling cards to be issued to the electorate in respect of general elections. The purpose at that time was to ensure that electors unaccustomed to special polling booths arranged for them by the local authority because of the scarcity of transport should be directed to these polling booths.
We consider that the issue of polling cards should be made part of the permanent legislation of the country. We think it is an excellent thing that the returning officer should notify each citizen of where he may vote so that he will have full indication of the polling booth and the number of his vote apart from any information that he might be given through the free election literature that is distributed, sometimes by all Parties but sometimes only by one or two Parties and frequently not by independent candidates, at an election. Moreover—it is only a small point—when a person enters a polling booth, if he has his polling card with him and does not have to show or demonstrate any electoral literature, to some degree, it increases the secrecy of the vote.
Section 5 deals with deputy returning officers. Under the existing law a returning officer may, but is not required to, appoint a deputy to count the votes where the votes in more than one constituency have to be counted by the same officer. Under the existing law, prior to the emergency, a returning officer could proceed from one place of counting to another. In that way there would be a delay in the result of the election. We have now provided that a deputy returning officer should be appointed for each constituency.
Section 6 refers also to the appointment of returning officers. If a returning officer suddenly collapsed just prior to the holding of an election, the only power to enable the election to be carried out is that which authorises the Minister to do whatever is necessary in an emergency. We consider that the Minister for Local Government and Public Health should be given definite powers to appoint a returning officer if the returning officer is prevented by illness or other cause from carrying out his duties.
Section 8 refers to polling on islands. Polling places are provided on the larger islands and, at previous elections, before the emergency, it has happened that, owing to the weather, the transport of a ballot boxes to and from the island has been delayed. It is not always possible to hold the poll on an island the same day as on the mainland. Returning officers have been in some doubt as to their powers in the matter, and under legislation prior to the emergency it was necessary to issue what was known as a "difficulty Order" authorising the poll to be taken whenever it can be taken.
Section 8, therefore, continues the special provision which we made during the emergency, when we felt that the difficulties experienced on islands might be somewhat enhanced, and now makes the powers of the returning officer quite clear. The poll may be taken on an earlier date than the general date of the election and in this way the returning officer will be in no doubt as to his powers in order to enable an election to take place, the votes to be collected, and so forth.
Section 9 repeals the emergency legislation. In the case of the other repeals, the repeals have been reenacted in this Bill as an entire section. This course is preferable to amending the existing law as it would involve legislation by reference. It should be stated that the Electoral Act, 1923, was changed in a number of respects which relate to the present Bill, in the Electoral Act of 1927 and again in the Electoral Revision of Constituencies Act, 1935, and it was felt desirable to carry out a small degree of consolidation by not only including the changes suggested but all those relating to these changes in the general provisions of the Electoral Act, 1923, and to amend that Act.
I trust the House will agree with the course we propose to take. There is no fundamental principle involved in any of these proposals, all of which are designed to improve what has always been regarded as, on the whole, very satisfactory election machinery.