asked the Minister for Local Government what arrangements are being made to ensure that all political parties will have the same opportunities in connection with the forthcoming referendum of (1) receiving free copies of the electoral register in each constituency and (2) being invited by the returning officers to attend at the issuing and checking of the postal votes and at the count; and if the referendum will be postponed until these arrangements are made.
Ceisteanna — Questions. Oral Answers. - Referendum Arrangements.
35.
The law does not provide for the supply of free copies of the register of electors to political parties at a referendum. The right to appoint agents to attend the various processes at a referendum is vested by law in the members of the Dáil and Seanad. There could be no question of postponing the current referendum pending amendment of the law on these matters, even if such amendment were considered desirable.
Is the Minister aware that in a great number of constituencies throughout the Twenty-six Counties which would be involved in this referendum there is no Deputy or Senator who will be supporting the rejection of the referendum and this militates in a real sense against the people who are not in favour? Since it is understood generally that the referendum is to be a non-political issue, surely the Minister could see his way to ensuring that in each constituency the least that could be afforded to those opposing it is that they be invited to attend the count and to oversee that the issuing and checking of postal votes has representation from both sides. There are many other anomalies——
We cannot discuss them at Question Time.
This is a very serious matter. I put this question down to the Taoiseach and while I was aware that it was not appropriate to his Department, it was the only method by which I could have the matter raised. There are many anomalies in the Electoral Act that militate against people who are not in favour of the referendum proposals. In this instance would the Minister not consider affording some form of fair play in respect of constituencies where people are so opposed? There is no question of there being equal play because of the combination of the forces of both Fianna Fáil and Fine Gael being in favour of the referendum proposals.
There are no provisions in the law to allow for what the Deputy requests. I would point out to the Deputy that this House had such an opportunity during the debate on the Referendum (Amendment) Act, 1968 when an amendment on the lines of what the Deputy is now proposing could have been enacted but my predecessor, in his wisdom, at that time must have given it as his considered opinion there was no need for any such amendment. I want to tell the Deputy now that it is my considered opinion there is no need for any such amendment at this stage.
I take it the Bill referred to by the Minister was handled by Mr. Boland?
Yes.
Even though Mr. Boland cut his own throat on that occasion and even though we can now derive a certain wry amusement from that, should it not be proper that any recognised political party who are opposed to the EEC should have appropriate representation at the referendum?
Could the Minister not ask the returning officers in each constituency to use their discretion in so far as possible in affording some facilities for those opposed to the referendum? This is not contrary to the regulations.
I cannot do that. The regulations do not permit it. The provisions relating to the appointment of agents are contained in the Referendum Act, 1942, as amended by the Electoral Act, 1963, and in the Fourth Schedule to the Electoral Act, 1923. It it not open to me to make suggestions to returning officers of the nature referred to by the Deputy. I suppose it is a matter that the House could consider when dealing with amendments to the electoral law.
The Minister has not answered my question. Are representatives of a politicial party who are opposed to the referendum and who do not have a TD in a constituency allowed representation? If not, why not?
There is no provision for political parties as such. Facilities are made available for elected Deputies and Senators.
Would the Minister not agree——
We cannot disucss this matter all evening.
— that if Fine Gael and Fianna Fáil Deputies in each constituency so wished they could have in excess of 200 people at each polling table? The position is that each Deputy can nominate somebody to attend at each table in every constituency. With the permission of the Ceann Comhairle I wish to raise on the Adjournment the subject matter of Question No. 97 of the 13th April, 1972.
The Chair will consider the Deputy's request. The remaining questions will appear on tomorrow's Order Paper.