Deputy O'Dea was in possession and I understand he is sharing the remainder of his time with Deputy O'Hanlon.
Private Members' Business. - Electoral (Amendment) (No. 2) Bill, 1995: Second Stage (Resumed).
The following motion was moved by Deputy Mary Wallace on Wednesday, 24 January 1996:
That the Bill be now read a Second Time.
Debate resumed on amendment No. 1.
To delete all words after "That" and substitute the following:
"Dáil Éireann declines to give a Second Reading to the Bill until the proposals it contains have been examined, and reported on, by the Dáil Select Committee on Finance and General Affairs".
—(Minister for the Environment.)
Acting Chairman
I congratulate my colleague, Deputy Wallace, on introducing this Bill which is timely. I also congratulate her on her policy document, Meeting the Challenge of Equality. As a good deal of work was involved in preparing that document, I hope the Government will study it carefully and implement its recommendations. If it does not, Deputy Wallace will implement them next year when I have no doubt she will be Minister.
This Bill deals with an important issue, the right of every citizen to vote with ease. Polling stations are generally located in schools, community halls and, in some parts of the country, in people's homes. In many cases old buildings and others which are relatively new are inaccessible to people with disabilities. It is important that polling stations are located in buildings with facilities for people with disabilities or that the necessary facilities are put in place in buildings used for that purpose. Local authorities should make it a priority to ensure that all buildings where voting takes place are made accessible for people with disabilities who wish to exercise their right to vote.
It is important to recognise that those with disabilities include a large number of people, not only those who use wheelchairs but many of the elderly people who may have suffered a stroke or have arthritis and are unable to climb steps. The replacing of the steps with a ramp to the local post office in my town greatly improved access to it for the elderly, people pushing prams and those we normally regard as having a disability.
Reference was made to a special voters list during the debate last night. Why should it be necessary for people to apply annually to have their names registered on that list? I will deal later with the point made by my colleague, Deputy Wallace, about having a postal vote rather than the current special voting procedure. Why do members of the Garda Síochána and the Army not have to apply annually to become a postal voter? The names of people who are permanently incapacitated should be retained on the register until they decide to take their names off it. It should not be necessary for those people to apply annually to have their names retained on the register. I am aware that under the 1994 Act the requirement that applicants submit a medical certificate for applicants was removed. I appreciate that it would be reasonable to require a person who is ill for, say, 12 months to apply to have his or her name on the register but that should not apply to those who are certified as permanently incapacitated.
A list of polling stations should be drawn up and reviewed every three rather than ten years. I agree with Deputy Mary Wallace about the desirability of allowing a postal vote rather than the present special voting arrangement. There is an inference that disabled people cannot be trusted in the same way as, say, the Army, Garda, university graduates and so on. We should also remember that TDs and county councillors vote by post in Seanad elections. Therefore, I presume our exiles who will be entitled to vote will also be afforded a postal vote. If my memory serves me correctly, the only occasions on which there were complaints about the system having been abused were when the postal vote was applied for after the election had been called, as was the case in 1986. When a name is entered in the electoral register the system is unlikely to be open to that type of abuse.
There is no justification for the Government not accepting this Private Members' Bill. After all, when we were in Government whenever it was felt a Bill introduced by the Opposition had merit, it was accepted. Only yesterday Deputy O'Donoghue wanted his Criminal Procedure Bill, 1995, accepted. The electorate is crying out for that type of legislation and for the postal vote for people with disabilities. If granted, the Government would be credited with its implementation and we would have no difficulty with its being amended in Committee, if necessary.
I understand I am sharing my time.
Is that agreed? Agreed.
I have just returned from monitoring the elections in Palestine with my Fianna Fáil, Fine Gael, Labour and Progressive Democrats colleagues. Like them, I was privileged to witness what is in effect the beginning of democracy in the Middle Eastern area, beset for so many years by violence and repression. Indeed all European Union observers there felt they were witnessing a most important historic event. As in the case of South Africa in 1994, our enduring image will be of long queues of Palestinian people determined — and for the first time in their lives free to do so — to exercise their franchise and vote for candidates of their choice.
Sadly, there are areas like east Jerusalem where that type of freedom did not apply as the Israeli authorities insisted that Arabs or Palestinians living in east Jerusalem were Israelis and, therefore, not entitled to vote. Unfortunately, the Israeli authorities blanketed post offices at which Palestinians who were registered to vote could cast their vote, were extremely undemocratic in their monitoring and surveillance and used cine cameras to film and intimidate Arabs casting their votes. Notwithstanding that apparent sense of fear on the part of the Israeli authorities about the developing democracy of the region, the vast bulk of Palestinians went peaceably, happily and enthusiastically to cast their vote for the first time.
In most of the Gaza Strip, the occupied territories, where Palestinians were voting — given the numbers of Muslims living within the community — it was remarkable that so many people, particularly women, turned out joyously and determinedly to vote.
We all have vivid memories of the long queues of thousands of South Africans waiting to vote. With that in mind it is sad to reflect that, although our citizens have been enfranchised for the past 70 years, unfortunately it appears that familiarity with the democratic process breeds contempt in so far as we here do not witness those long queues and enthusiasm on the part of so many of our citizens, already on the electoral register, who choose to remain at home, abstain or spoil votes. It is not unusual to experience turnouts as low as 50 per cent, particularly in the case of local elections. It is a sad reflection on those who fought so hard for the freedom of our citizens to vote that so many of our citizens choose not to use that power. While the vast majority of our electorate take their enfranchisement for granted, others are disenfranchised and excluded from full citizenship.
I support the Minister's motion to have this Bill examined by the Select Committee on Finance and General Affairs before being given a Second Reading. It is the most appropriate forum for its consideration since that committee is already examining a broad range of other electoral issues.
I congratulate Deputy Mary Wallace on her initiative in proposing this Bill, the provisions of which will enfranchise people with disabilities, enabling them to exercise one of their most fundamental rights in the same way as other citizens.
While welcoming the existing provision for people with a disability, or those suffering long-term illness, to have their names entered on the special voters' list and other arrangements permitting voters who are mobile but who experience difficulty in gaining access to particular polling stations to cast their vote at another polling station, it is cumbersome and merely serves to reinforce the separateness of people with disabilities, which is wrong and should be addressed.
The provisions of Deputy Wallace's Bill refer specifically to polling stations and, if implemented, would have the positive effect of rendering our schools — the location of the vast majority of polling stations — wheelchair-accessible, which is not the case at present. For some time past the Commission on the Status of People with Disabilities has been addressing this issue. In 1994 Democratic Left, among other things, made a submission to that commission, urging that all public buildings be rendered fully accessible to the disabled. While there is general agreement on the desirability of that objective, it appears to be far from being realised and we should target all our energies in that direction.
I hope that the Select Committee on Finance and General Affairs and the Commission on the Status of People with Disabilities will take full account of Deputy Mary Wallace's proposals in their deliberations. When considering the administrative details of our electoral system I hope the select committee will go beyond that remit and address the appalling state of our electoral register which, at each successive election, appears to exclude or disenfranchise a substantial number of citizens. We must remember that the effectiveness of our democracy is dependent on the fullest possible participation by all those entitled to vote and, until such time as we ensure that all those entitled to vote can do so, in as convenient and unbureaucratic manner as possible, our democracy will remain less than satisfactory.
I compliment Deputy Mary Wallace for bringing this Private Members' Bill before the House. Every opportunity should be availed of to debate issues affecting the disabled. Whereas a good deal has been done to promote a better lifestyle for people with disabilities a good deal remains to be done across a wide range of areas. The purpose of the Bill, as set out in the explanatory memorandum, to aid the greater participation of people with disabilities in the electoral process, is one with which we agree.
My Department has been dealing with the whole area of disability whether physical, sensory or intellectual and the health and social services for disabled people. There has been substantial investment in improving and developing services. This Government places a high priority on the development of health care services for people with disabilities.
In the period 1990-95, substantial additional funding amounting to £44.58 million was made available to develop services for people with mental handicap and in the same period £10 million was provided for development of services for people with physical and sensory disabilities.
In the area of mental handicap over 1,000 new residential and 2,100 new day care places have been provided. The home support services initiated in 1992 have been expanded in subsequent years. Assistance has also been given to agencies to meet identified needs in existing services due to the changing profile of the population with mental handicap.
Developments in services for people with physical and sensory disabilities in that period have included a wide range of services such as home care, day care, respite care, community-based therapy, residential care, as well as increased funding to voluntary organisations. Various significant steps both at national and European level have been initiated to upgrade and extend the provision of good quality training and viable employment opportunities, which I see as priority issues for all persons with disability.
The national health strategy further underlines the Government's commitment to developing services for people with disabilities. The strategy emphasises the principles of equity, quality of service and accountability in service provision. It also recognises that the consumer of our health care services is entitled to the highest possible standards of care while emphasising the necessity for full co-ordination of activities between and within all health sectors.
An important development in the coming year will be the publication of the report of the review group on physical and sensory disability. This report should provide a framework for the co-ordinated development of services for people with physical disabilities in the years to come. This is in line with the established policy of encouraging independent living in the community.
The Government's commitment to improving the lot of people with disabilities is also evident in the establishment of the Commission on the Status of People with Disabilities. The commission, due to report early this year, is examining how people with disabilities can participate more fully in the economic, cultural and social life of the community. It is examining all sectors where there are barriers to full participation including education, health, income support, transport, housing, training and employment, the arts, culture, sports and leisure. It is fitting that people who have a disability form a majority of the membership of the commission, while parents, advocates and service providers are also represented.
The commission's report will be a landmark report for people with disabilities. The comprehensive nature of the report will provide a sound framework for policy development. The increased resources to disability services, the work of the commission and the proposed equal status legislation show that the rights and welfare of people with disabilities are priority issues for this Government.
It is important that Private Members' Bills or whatever debating formula is required, would be used to focus debate on disability. I say this against the background of what the Government and the previous Government have done in these areas and also against a background of a growing awareness in the community of the rights of people with disability and the responsibility of the community to respond. A point I often make in respect of mental handicap is that legislation can do so much and funding can achieve so much. At the end of the day, while Irish people are generous in terms of their financial contribution to these areas, it is fundamental to progress towards the optimum level of support for people with disabilities that people open their hearts to people with disabilities.
Sometimes it is all too easy to put money in a bucket to ease our consciences. The whole area of disability requires an ongoing every day commitment. There are some important initiatives under way in the area of employment for people with disabilities. We need to ensure that people with disabilities who want to play their full part in the economy are not the victims of the recession; in other words that people with disabilities get their fair share.
In the light of developments the Bill before the House is wise and prudent. It is important, in the interests of the people we all seek to serve, that we allow the process to exhaust itself. The Minister for the Environment said last night his objective is to bring forward the best possible package of measures in the electoral area to facilitate and assist people with disabilities. The debate to take place at the Select Committee on Finance and General Affairs on 13 and 14 March should be awaited because the matters referred to that committee arise from the debate in both the Dáil and Seanad on the Electoral Act, 1992. The select committee is broadly based and during its discussions it may identify other areas which require attention. The Commission on the Status of People with Disabilities is due to report in April. This commission is also broadly based and representative of people with disabilities. To achieve the optimum objective, comprehensive legislation which addresses the difficulties encountered by disabled people when casting their vote, we should await the findings of the commission and the select committee.
On that basis, I ask the House to support the Minister's amendment which states that: "Dáil Éireann declines to give the Bill a Second Reading until the proposals it contains have been examined and reported on by the Dáil Select Committee on Finance and General Affairs." This is the most prudent and best way of dealing with the problems of disabled people whom Deputy Wallace and her party seek to serve. If we wait for the findings of the commission and the select committee the legislation put forward at that stage will have cross party support and will be enacted quickly.
I welcome the opportunity to contribute and congratulate Deputy Wallace on bringing the Bill before the House. The main reason I became involved in politics was to try to create an equal society. In my constituency of Dublin North West economic deprivation is very much a reality. As a politician I have come in contact with people from various backgrounds who have different expectations. Apart from the exceptionally lucky few who may have a supportive family, many disabled people also suffer economic deprivation. During the ten to 15 years I have been actively involved in politics much progress has been made in dealing with the problems of disabled people but work still remains to be done. This Bill is important in that it has ensured a three hour debate on the reality of life for many disabled people.
During the Christmas recess I heard a radio interview with a young woman who contracted polio when she was in her early teens. Her aunt who was similarly afflicted lived with her in the family home. This young woman was determined that her life would be totally different from that of her aunt who was, effectively, housebound. She also noticed that when she returned from hospital people spoke to her in a different way as if her mind had also been affected and she was somehow a lesser person. Much work needs to be done in changing people's attitude to disability. In this context I welcome the exciting, determined and aggressive campaign carried out by disabled groups in recent months in an effort to ensure accessibility to all buildings and public transport. In the past most disabled people were overlooked and did not participate in society.
When I was a Minister in 1981 I had the pleasure of visiting the Rehab centre in Clontarf where I met disabled children and their parents. These children had done remarkably fine artistic work and, while they had very inspired teachers, in many cases it was the mothers who saw the talent behind the disability and encouraged them to express themselves fully artistically. Much has been achieved in this area but a great deal of work still has to be done.
The establishment of a separate register for disabled people was a major step forward. However, when it was first established it reflected a throw-back to old attitudes in that disabled people had to obtain a certificate from a doctor certifying that they were mentally fit to vote. I am glad that insulting requirement was removed. As the young woman with polio said, many people presume that people who are physically disabled are also disabled in other ways. It should be remembered that people with a physical disability fully develop their mental and other skills provided they are given the opportunity.
The Bill proposes to put on a statutory basis much of the procedure which has gladly been put in place by way of administrative regulation or recommendation. In recent years presiding officers have had to ensure that polling stations are accessible and provide ramps, a special voting area and other assistance. This is an administrative arrangement and putting it on a statutory basis will make it an essential requirement. This issue is being debated by the Select Committee on Finance and General Affairs. We are also awaiting the commission's report which will include the views of disabled people and others. It would be foolish to enact legislation without taking their views into account. Nevertheless. Deputy Wallace is to be commended on bringing this legislation forward. She should be happy — I do not think this will be her response — that the Select Committee on Finance and General Affairs will offer a very real opportunity for the introduction of more comprehensive legislation. The capacity of committees to sponsor legislation is a new power we have not adequately used.
I am encouraging the Select Committee on Social Affairs to produce legislation covering an area of particular relevance to it. When the Select Committee on Finance and General Affairs has studied all the issues a much more comprehensive Bill can be formulated. The Minister has taken a reasonable approach to the legislation before us. He stated that as well as reviewing issues relating to the disabled, there is a major ongoing review of the electoral Acts. Having the matter dealt with in committee will ensure that the substantial issues raised here are dealt with adequately and responded to by the introduction of more comprehensive legislation in the near future.
I wish to share my time with Deputies Michael Kitt. Fox and Quill.
Acting Chairman
Is that agreed? Agreed.
I am pleased to have an opportunity to make a brief contribution on this important Bill. Deputy Wallace should be commended on her initiative in drafting the legislation which is crucial for people with physical disabilities.
The widespread support for the Electoral (Amendment) (No. 2) Bill, 1995, demonstrates beyond doubt the positive measures contained in the legislation. They would have practically no cost implications and, if implemented, would mean a great deal to the large number of people who face many obstacles in their everyday lives. Society's lack of consideration for people with disabilities was brought home to us when the former Taoiseach, Deputy Reynolds, nominated Brian Crowley to the Seanad although at that time the House did not have the necessary facilities to enable him get to his office or use the corridors. That nomination was an inspired choice and, as Senator, he was an active and popular Member of the Upper House. As a member of the European Parliament we are all proud of his exemplary work in his Munster constituency, Brussels and Strasbourg.
I have been requested by various voluntary organisations in my area who work with the disabled and the handicapped to request GAA clubs and other sporting organisations to cater for the disabled when upgrading their facilities. I am pleased that all those requests were met with a positive response, which would probably not have happened in the past.
Deputy Wallace recently produced a very valuable document entitled Meeting the Challenge of Equality. Those who work with the disabled appreciate Deputy Wallace's work and welcome the sound and attainable objectives outlined in her document. Many of our unsung heroes are involved in voluntary and statutory organisations who work constantly and diligently on behalf of people with disabilities.
The Oireachtas is obliged to work towards the provision of equality of access and for the disabled and the Government should have the good grace to accept a measure such as this Bill. It is unacceptable that it has declined to give it a Second Reading. If the Government was genuinely concerned about the wording of particular sections, the Minister could have put forward the changes he believed necessary on Committee Stage. It is wrong that any citizen should be denied the right to cast their vote at election or referendum time. It flies in the face of democracy, especially when one considers that the remedies are readily available.
Deputy Wallace outlined in a practical way how polling could be made much more accessible to the disabled. It makes sense to use accessible buildings when they are available. The decision to use particular buildings as polling stations is frequently made for historical reasons. An obligation on local authorities to provide facilities for wheelchair users would also heighten awareness in the community of the need to remove more of the physical obstacles that confront the disabled on a daily basis. As the number of requests would be minimal, people should have the option to vote at alternative polling stations.
Deputy Wallace also referred to the special voters' list and requested that postal voting be extended to people with disabilities. It would not create administrative or bureaucratic difficulties and it would be eminently sensible and cost effective to ensure that the disabled can avail of the postal voting system that has existed in the State for some years. It would also bring our legislation and regulations into line with our counterparts in the European Union. I commend Deputy Wallace on her initiative.
I thank Deputy Smith for sharing time with me and commend Deputy Wallace on introducing the Bill. I am disappointed that the Government does not propose to accept the legislation. It is nonsensical for the Minister to say that the matter will be dealt with in the Select Committee on Finance and General Affairs. He told us he referred proposals to that committee last April and that it will consider them on 13 and 14 March. If it takes 11 months to do that, how long will it take before we get action from the Government to facilitate the disabled at voting time? I want a commitment from the Government that if it does not accept this Bill it will at least ensure the disabled can vote at polling stations that are accessible to wheelchairs at the next general election. The alternative of saying they can vote at another polling station is not always practical for those who are not disabled, not to mention those who are disabled. Down through the years Ministers have suggested that smaller polling stations should be closed, in other words, that polling stations should have a minimum of at least 1,000 people on the register. That is unfair and would discriminate against people in rural Ireland. It would cause a great deal of hardship for people in places such as Connemara and would be particularly inconvenient for the disabled.
The security and Defence Forces avail of the postal vote and in legislation introduced last year that was extended to fishermen, transport workers and those absent from home because of work. However, the physically disabled were not mentioned and now is the time to address the matter.
Deputy Wallace stressed the importance of maintaining the secrecy of the ballot, even in cases where the voter must be accompanied and the question of access to counting centres is also important. As a politician I enjoy elections but I do not enjoy counts. However, those who are anxious to go to see counts, including wheelchair users, should be able to do so. Deputy Smith was correct in his comments about access to this building and all public buildings. We did not have that access until Mr. Brian Crowley was nominated to the other House by the then Taoiseach, Deputy Reynolds. We could do much more in this House. Facilities, should a physically disabled person be elected to the Dáil, are not adequate and we may have to wait until a physically disabled person is elected before that takes place. I hope it will happen soon.
I am glad Deputy Wallace referred to the question of local authorities publishing a polling scheme every five years rather than the ten year wait as at present. As we know, for every election names are omitted from the register of electors, and people are not permitted to cast their vote at the local station but must travel to other polling stations and so on. This would be a very useful section in any Bill if the Department and the Minister accepted it, because we must make polling stations accessible to all our electorate. People should not have to drive long distances to vote. The disabled in particular should have access to all polling stations rather than being given the alternative of using another polling station which may not be practical or suitable.
I commend this Bill to the House and hope that, if the Minister will not accept, it, he will at least tell us that before the next general election — whenever it occurs — the physically disabled will have the same rights as everybody else.
In calling Deputy Fox I wish to avail of the opportunity to formally welcome her to the House, albeit belatedly. I wish her very well in her career in Dáil Éireann.
Thank you, a Leas-Cheann Comhairle. I welcome the opportunity to speak on this subject because the lack of wheelchair accessibility is a major problem in almost every aspect of life and is not confined to polling stations.
Wheelchair users are constantly denied access to ordinary places of business, such as shops, cinemas, hotels and even post offices, places we all take for granted. All too often a wheelchair user has to be physically lifted up and down a step or two, a task which requires help and can be degrading or embarrassing for him or her but, more seriously, takes away his or her independence. The dishing of footpaths is a simple process and needs to be addressed. Footpaths need to be dished to accommodate wheelchairs. I commend Bray UDC for dishing some of the footpaths on the route into Bray, a move which I hope will be followed by every local authority.
We need a little more understanding by society in regard to wheelchair accessibility. When we take a step up or down into a shop it does not cost us a thought, it is a simple act for us but it can be a cut-off point for a wheelchair user and may in some cases deter him or her from engaging in ordinary public activities. Wheelchair accessibility is left to the owners of businesses and, while we have improved somewhat over the years, we are still lagging far behind many other countries. There is plenty of room for improvement. Owners of business premises open to the general public should be encouraged to make their premises wheelchair accessible.
Exercising the right to vote is something which is warmly encouraged by every member and it is yet another act we all take for granted. Deputy Wallace's proposals have much merit and I urge the Government to accept them. I listened with interest to Deputy Byrne's contribution and I agree with him that it is a shame that many people do not exercise their right to vote. Deputy Wallace's proposals seek to make provision for those who are willing to vote but for some reason are prevented. All polling stations should be wheelchair accessible. This should go without saying but unfortunately that is not the case. People who are permanently incapacitated should not be required to register every year for a postal vote.
I again urge the Government to adopt Deputy Wallace's proposals and allow wheelchair users to cast their vote on equal terms with other citizens.
I hope Members will consider some of the problems I mentioned so that by the time of the next general election we will all truly deserve the support of the public.
I also welcome this Bill which my party and I support. I commend Deputy Wallace, as most other speakers have done, for taking the time and having the patience to draft it. In what it seeks to do it is a very simple Bill, but therein lies its strength. It is a very detailed, considered, thoughtful Bill and Deputy Wallace has earned the esteem of every Member and many organistions interested in its progress through the House. She has earned their praise and commendation for making this a very important issue in her list of political priorities.
This Bill is a response to appeals by organisations who deal directly on a day-to-day basis with people with disabilities. Many of them are voluntary and put thought into improving the lot of those with disabilities. It is as a result of their lobbying that through the years a number of significant improvements have been made in both the public and private sectors. Nonetheless, a great deal remains to be done. To say the least of it, it would be stubborn and insensitive of Members not to listen to their please for equality in regard to one of the most basic constitutional rights, the right to vote. That is the key issue being raised.
People with a disability suffer enough disadvantage already. We should not seek to put further disadvantage in their way. Rather we should avail of every opportunity to help remove obstacles, to help establish some level of equality so that people with a disability will have equality with others.
Wherever possible, polling stations should be as accessible to people with a disability as they are to others. The right to vote was a long and hard fight. I notice all Deputies present are women; 100 years ago none of us would have had the right to vote. It was only because a number of strong women with vision fought hard for it that this right was — grudgingly, in many cases — given to us. The right to vote is one that every citizen should hold sacrosanct. Women, in particular, because of the nature and duration of the struggle to win the vote for us, should be sensitive to making the right to vote available to the widest possible number of citizens. We should be very careful to ensure that we remove any obstacle to voting by any of our citizens. That is what is at the heart of this Bill. There is a high and growing degree of voter apathy in all western democracies. It is a deep malaise which deserves greater attention than can be given to it in the context of this Bill. A worrying feature of western democracies, including the United States, is that fewer people vote in successive elections. That is a message for us and it is a worrying development for people who treasure and support constitutional democracies. We should take seriously the fact that a number of people here do not bother to vote. We should find out why and what can be done to win back confidence in the system which is being slowly eroded. However, that is a deeper and wider issue to be addressed at another time or in a different forum.
People who want to vote should be facilitated but that is not the case in respect of people with disabilities. Far too many people with disabilities are precluded from voting in successive elections because of the physical nature and location of polling stations. Where possible and in accordance with this Bill, we should ask local authorities to identify polling stations where there are difficulties. We are all aware of such polling stations; there are a number in my constituency to which it is difficult for old people who have full use of their limbs, not to mention those in wheelchairs or people with other disabilities, to gain access. Indeed, there are polling stations in my constituency of Cork North-Central to which those with no disability have difficulty getting access. Such polling stations are unsuitable.
Local authorities should be required to find more suitable locations accessible not only to people with disabilities, but to the general public to avoid putting obstacles in the way of those who want to vote. In the context of the needs and rights of people with disabilities, we need to urgently examine polling stations throughout the country with a view to removing obstacles. Many people with disabilities are intensely interested in politics; some have more time to watch television programmes and to read political commentary. Many have political points to make yet they are precluded from so doing. They are denied the one weapon which is important to them, to be able to vote in a manner that will make a difference to their futures.
There are strong arguments for dealing with this issue head on. I read the Bill and the Minister's response. I could not find any justification for not accepting this legislation or for the Government's decision to vote it down. This Bill seeks simple, practical and attainable measures. There is no need for further deliberation on this issue by a committee of the House. It would only be a delaying tactic — the Hamlet factor: "sicklied o'er with the pale cast of thought"— the paralysis of analysis and over analysis. A further delay will be visited on those who will benefit from this Bill in respect of rights they and the organisations which represent them demand and which have been clearly outlined in the Bill.
We will face a general election in the next 15 to 18 months. If this Bill is dealt with by a committee in the manner in which the Minister suggested, there will not be any changes before the next general election. It would take time for local authorities to inspect existing polling stations to see which ones are defective and to identify alternative and more suitable replacements to meet the requirements of the Bill. That cannot be done on the Saturday night before the next election. It will take time to implement the provisions of this Bill. I see no reason it cannot be done.
If the Minister and his Department believe the Bill is deficient they can table amendments and explain them and they will have my support and that of my party. I am sure they will also have the support of the framer of this Bill whose intention is not only to generate debate on the issue, but to get action and a solution to the problems outlined. It is disappointing that the Government has chosen this course of action.
I agree with Deputy Fox's analysis of the other matters which need attention to make life more bearable for people with disabilities and to narrow the gap between them and those who do not have disabilities. However, they are matters for other Departments and a different day. Even at this late stage, I appeal to the Minister not to vote down the Bill, to make it Government policy and to enact its provisions as soon as possible.
I hope we will not only have a general election in the next 18 months, but that we will also have a referendum to change bail laws, which is important, and to provide a vote for emigrants. A number of polling events should be held in the next 12 to 18 months and I appeal to the Government to ensure better provision is made in terms of accessibility to polling stations and to extend the polling system to those who are too disabled to come to a polling station.
I commend Deputy Mary Wallace. When in Opposition I had the opportunity to prepare a Private Members' Bill aimed at enshrining in law rights for handicapped people enjoyed by all other members of the community. I know how frustrating it is not to be able to get the Bill on to the Floor of the House or to have it voted down.
I am sorry to interrupt the Deputy, but does he propose to share his time with his colleague, the Minister of State?
I will just take a few minutes and then yield to the Minister.
That is satisfactory and agreed.
This problem should be dealt with by a committee at which the Minister will be available. The Chairman of the committee has agreed to take it and Deputy Wallace would have an opportunity to pursue the fundamental issues dealt with in her Bill. I hope she will agree to allow the Bill to go to the committee.
I am not a member of that committee.
All Members of the House are entitled to attend any committee and, because the Deputy is the sponsor of the Bill, she could be present all the time and participate fully. She should accept the Minister's suggestion that this would be the proper way to deal with the Bill.
Is the Deputy saying the Bill could be dealt with at this committee?
The Bill can go to the committee.
That is not what the Minister said.
The Minister suggested that it be referred to the committee.
I was told the issues could be referred.
The Deputy can clarify it with the Minister of State who is present. This is an important item. We all have handicapped constituents whom we want to facilitate. Some of them insist on not using the postal system. They want to be part of the voting procedure and go to the polling stations. It is local authorities that set down the polling station regulations and identify polling stations, and it is a matter for local authorities, not necessarily for legislation, to ensure that all polling stations are readily accessible to everybody, including disabled voters. There are some commendable suggestions in the Bill. It is appropriate to deal with the matter in a structured and positive way and that is exactly what the Minister proposes to do. The Minister of State will clarify the Government's position on this Bill. I understand that a committee is prepared to accept it and debate it and, if necessary, amend it.
I commend Deputy Wallace for raising this issue. Like the Minister, Deputy Howlin, I am in full agreement with the specific objectives. Notwithstanding the genuine objectives of Deputy Wallace, I consider that the best course of action would be to refer the proposals in the Bill to the Select Committee on Finance and General Affairs. The Minister stated clearly what he was suggesting because of the circumstances of the select committee's approach and the importance of the report coming from the commission. I will refer to that later.
I did not like the tone of some of the contributions made by Opposition Deputies last night. They gave the impression that the Government is not concerned about the issue. That is clearly not true. It is important that the Opposition should not trivialise this issue simply to score points. Fianna Fáil has been hasty on this occasion. It is odd that they published their policy document on disability a few weeks before the Commission for the Status of People with Disabilities is due to finalise its report. The Government is correct to await the commission's report before deciding on measures in this area. It would be discourteous to the commission if we did not wait the few last weeks. I do not understand why the Opposition cannot also wait those few weeks, especially as it was a Government that included Fianna Fáil that set up the commission, which has taken time, doing its work in a painstaking fashion, to ensure that people with disabilities are consulted and included in the process. There is a very strong case for waiting for the publication of the report which is expected this April.
The policy agreement, A Government of Renewal, states that when the commission has reported the Government will introduce a disabilities Bill setting out the rights of people with a disability together with means of redress for those who are denied them. The Government also has undertaken, in line with the recommendations of the commission, to put in place mechanisms for full and equal participation by every citizen with a disability in every aspect of our economic and social life, including the right to exercise the franchise. Opposition Deputies stressed on a number of occasions last night that the effects of the Bill if implemented would not be great. I agree, as some of his proposals are aspirational, including phrases such as, “local authorities shall endeavour” and “returning officers shall, where possible”. As Deputy Ó Cuív said last night, it may not be possible in many rural areas to find buildings without imposing a long journey on all voters, and I cannot accept that we should pass legislation unless its provisions can be implemented.
Other proposals to reduce time periods could be unrealistic, having regard to all the other tasks to be carried out by the returning officers and their staffs in very limited periods. Reports from returning officers suggest that the existing time periods for carrying out some tasks are difficult enough to achieve. Deputy Wallace referred last night to section 3 of the Bill concerning the making of a polling scheme once every five years. On this point, section 28 of the Electoral Act, 1992, allows the local authorities to make a polling scheme as often as they like. The only stipulation in the section is that a scheme be made once every ten years. The making of a scheme is a reserved function. As such there is an opportunity for elected members of the local authority to express their views to the local electorate on the proposed scheme. Information can be made available during the discussion by elected members on a proposed scheme. Also as polling schemes have to be confirmed by the Minister, the needs of people with disabilities can be included in the Minister's consideration of the proposed polling scheme. As the Minister said in his statement last night, returning officers are advised at each election that they should, as far as possible, select buildings for use as polling stations which are accessible to people with disabilities. In the event that entry to the polling station involves steps, ramps should be provided. We are all in agreement on that.
Last night Deputy O'Keeffe made the point that applicants for the special voters list had to submit annual medical certificates. I assure the Deputy that is no longer the case. Opposition Deputies stressed that giving unrestricted postal voting to people with disabilities would not be abused especially because of the comparatively small numbers involved. Deputy O'Hanlon suggested today that disabled people were not trusted by the Government. It is not a question of trust. Of course we trust disabled people. What we are talking about is the possibility of abuse. I would again ask Deputy Wallace to consider supporting the Minister's amendment having regard to the commitment he made last night to work with her and other Members of the House in devising and legislating for the best possible package of measures in the electoral area to facilitate and assist people with disabilities.
I would like to allow Deputy John Browne three or four minutes before I conclude.
I am sure that is satisfactory.
(Wexford): I thank Deputy Wallace for sharing some of her time with me. I compliment her on bringing forward this Bill because it is important to continue to highlight the problems faced by handicapped people. I am the parent of a handicapped child and I am very much aware of those problems. There is a great deal of sympathy generally for handicapped people but sympathy will not do anything to ease their plight.
It is disappointing that the Government will not accept this Bill and it is difficult to believe that Government Deputies will go through the lobbies and vote against a measure providing access to polling stations for people with disabilities. Over the past number of years Deputies on all sides of the House have called for better access for disabled persons and they now have an opportunity to vote for a worthwhile Bill which seeks to help the plight of those people.
The Bill deals with voting rights and access to voting for the disabled. As politicians we are all aware that when handicapped people arrive at a polling station to vote, they often have to be carried up or down four or five flights of stairs. We have a sufficient number of buildings in our towns — perhaps not in rural areas — with proper access for disabled people which would allow them to vote without being dependent on members of various political parties to carry them up or down flights of stairs. Returning officers should be more sensitive in the way they select buildings for use as polling stations. We must get the message across to local authorities and to returning officers that, in future elections, they should, as far as possible, choose buildings which are easily accessible for handicapped people.
I know Minister Howlin is reasonably sympathetic to the plight of handicapped people. He is a former Minister for Health and for that reason it is difficult to believe he is not willing to accept this Bill, even if it meant making any changes he felt were necessary to improve it.
I thank Deputy Wallace for bringing forward the Bill which attempts to make the Department of the Environment, local authorities and returning officers more aware of the thinking of Deputies and handicapped people. It also highlights the plight of disabled persons. Sympathy is not enough; we need concreate action and this Bill is another step on the road to improving basic facilities for handicapped people.
Fianna Fáil introduced this Bill because it recognised that people with disabilities face many obstacles to free and fair access to the exercise of their franchise. It arose from a series of meetings I held with people with disabilities and received widespread support when it was published last year. In addition, a number of organisations representing people with disabilities have written to members of the Government asking them to support the Bill. Among the organisations which support this Bill are the Disability Federation of Ireland, the Irish Wheelchair Association, the Centre for Independent Living, Cheshire Homes and the Spinal Injuries Action Association. They recognise that the Bill is a reasonable response to an important issue.
It is unfortunate that the Minister for the Environment, in his contribution yesterday evening, failed to address the sense of marginalisation and exclusion from the electoral process felt by people with disabilities. I know the Minister is personally concerned about matters affecting people with disabilities but his refusal to support the Bill and the feeble alternatives he has suggested are both ill-advised and ill-informed. Unfortunately, they fall into line with the ongoing problems regarding the important issues of disability that arise, which the Government is failing to address.
The context within which the Minister framed his comments is the ongoing process of consolidating and updating electoral law. He pointed to the general improvements contained in a number of measures. He does not seem to realise, however, that much of this process stands as an indictment of, rather than a credit to, the various consolidation measures. These measures, with the sole exception of the Electoral Act, 1992, have consistently failed to address any access issue. In effect, they have consolidated exclusion.
On the Bill's provisions for requiring the use of accessible buildings for polling stations, the Minister listed a range of small scale administrative actions which have been taken. These consist of general, non-statutory guidelines. In reviewing them, the Minister said that these guidelines have gone a long way in promoting accessibility. That is simply nonsense. As he revealed in reply to a parliamentary question tabled last year, his Department does not keep any information on the accessibility of stations. If he wishes to know the scale of the problem I am willing to request some of those people disenfranchised because of inaccessible polling stations during the divorce referendum to make contact with his Department.
The system proposed in the Bill to promote accessibility through reforming the process for making polling schemes can only be achieved by statutory action. It is not unreasonable to expect the law to explicitly protect the right of citizens to vote within their own community. Such issues should not be based merely on ministerial regulation or on administrative whim, especially where they have self-evidently failed to vindicate those rights.
A further point to note is the judgment of the Supreme Court which stressed that it is the responsibility of the Oireachtas to enact legislation facilitating the citizen's right to vote. In addressing the Bill's proposals to abolish the special voter system and extend full postal voting, the Minister again failed to appreciate and tackle the full nature of the problem. He stated he is not aware of any significant demand to replace the current system. It is clear the reason the Minister is not aware of the demand is that neither he nor officials from his Department discussed the issue with the people concerned.
The special voter system is intrusive and intimidating and has led to a significant fall-off in the numbers of people registering under the system. As Deputy O'Dea stated last night in the context of acquaintances of his, many people with disabilities simply do not vote rather than submit to the special voter system. Figures supplied to me by the Department of the Environment suggest that between 1,000 and 4,000 people may have chosen not to vote and become, in effect, disenfranchised because of the system. It is not good enough to let this situation continue even one day longer, let alone into the next election and beyond.
In justifying the continuance of the special voter system the Minister reproduced the ancient and discredited statements relating to earlier operation of the postal voting system in local elections, despite the fact that I asked him not to. In Seanad elections, 50,000 voters can be trusted with an unsupervised postal vote but people with disabilities cannot. Why is it that people with disabilities in countries such as the United Kingdom, France, Germany and Spain can be trusted with an unsupervised postal vote while people with disabilities in Ireland cannot? How can anybody committed to full participatory democracy countenance a system which results in people choosing not to vote rather than submit to these requirements? This discredited system has failed and will continue to fail. It should be replaced immediately.
The points I have made so far relate to such specific comments on the substance of the Bill as the Minister made in his contribution last night. His core theme was that this whole area should be referred to the Select Committee on Finance and General Affairs and we should trust in the Government's commitment to tackle disability issues. The Minister first referred a range of electoral procedures to the Select Committee on Finance and General Affairs last April. It has so far failed to consider that matter and may do so for two days in two months time.
In addition, the Minister said he would like to wait for the report of the Commission for the Status of People with Disabilities before considering the measures. It is simply incredible that the Minister would expect us to agree to this type of delaying action. As the Select Committee on Finance and General Affairs will continue to be overworked why should we believe it will be in a position to consider the issues raised in the Bill? Even if it were to deal with them in March, the massive delays in producing Government legislation would inevitably mean that the Bill would not be enacted during the lifetime of this Dáil. Fianna Fáil is not willing to agree to delays which would mean that the current discredited and disenfranchising system would operate during future elections and referenda.
On a broader point, the Minister's approach is representative of the Government's approach to disability. The Government has made wide-ranging promises on disability but the overwhelming majority have not been met and a large number of legislative, financial and administrative proposals have been side-tracked. Where is the review group report on services for people with physical and sensory disabilities and where are the funds to implement it? That was a promise. Where is the timetable for the implementation of proposals from the special education review committee and the funding to do so? Where is the White Paper on the voluntary sector? Where are the Bills on charitable fund-raising, employment equality and equal status? All these measures, among others, have been significantly delayed in spite of recurring promises of their introduction.
Where is the appropriation in this year's budget, to commence, as promised, the implementation of the report of the Commission for the Status of People with Disabilities? The consistent pattern of Government delay and inaction is such that we cannot accept its assurances on measures contained in this Bill. The Minister has not accepted that the special voters' system should be replaced, instead he has reasserted a policy that denies people with disability the same polling facilities allowed to the 50,000 people who vote in Seanad elections. If the Government wishes to address the issue, it should support this Bill and table amendments on Committee Stage.
This is not a complex Bill, as Deputy Quill said in her address, it is straightforward and addresses a straightforward issue. There is no reason for the Government to come in and vote against access to polling stations by people with disabilities. The Bill has received widespread support from those who are disenfranchised under the present system and I am grateful to everyone who has come in to support it. I thank Deputy Quill of the Progressive Democrats, Deputy Mildred Fox and others for their support. I thank the Government Deputies who complimented us on the Bill although in a few minutes they will vote against it.
The Deputy should not ask Members to divide on the issue.
The need for action is apparent, the remedies are obvious and this Bill is a reasonable response to a very important issue. I commend it to the House and I hope members of the Government parties who commended the Bill will support it.
Amendment put.
The Dáil divided: Tá, 69; Níl, 59.
Tá
- Ahearn, Theresa.
- Allen, Bernard.
- Barrett, Seán.
- Barry, Peter.
- Bhamjee, Moosajee.
- Boylan, Andrew.
- Bradford, Paul.
- Bhreathnach, Niamh.
- Bree, Declan.
- Broughan, Tommy.
- Browne, John (Carlow-Kilkenny).
- Bruton, Richard.
- Burke, Liam.
- Burton, Joan.
- Byrne, Eric.
- Carey, Donal.
- Connaughton, Paul.
- Connor, John.
- Costello, Joe.
- Coveney, Hugh.
- Creed, Michael.
- Crowley, Frank.
- Deenihan, Jimmy.
- De Rossa, Proinsias.
- Doyle, Avril.
- Dukes, Alan M.
- Durkan, Bernard J.
- Ferris, Michael.
- Finucane, Michael.
- Fitzgerald, Brian.
- Fitzgerald, Eithne.
- Fitzgerald, Frances.
- Flaherty, Mary.
- Flanagan, Charles.
- Gallagher, Pat.
- Gilmore, Eamon.
- Higgins, Jim.
- Higgins, Michael D.
- Hogan, Philip.
- Howlin, Brendan.
- Kavanagh, Liam.
- Kemmy, Jim.
- Kenny, Enda.
- Kenny, Seán.
- Lowry, Michael.
- Lynch, Kathleen.
- McCormack, Pádraic.
- McDowell, Derek.
- McGinley, Dinny.
- McGrath, Paul.
- McManus, Liz.
- Mitchell, Gay.
- Mulvihill, John.
- Nealon, Ted.
- O'Shea, Brian.
- O'Sullivan, Toddy.
- Owen, Nora.
- Penrose, William.
- Rabbitte, Pat.
- Ring, Michael.
- Ryan, Seán.
- Shatter, Alan.
- Sheehan, P. J.
- Shortall, Róisín.
- Stagg, Emmet.
- Taylor, Mervyn.
- Timmins, Godfrey.
- Upton, Pat.
- Yates, Ivan.
Níl
- Ahern, Bertie.
- Ahern, Dermot.
- Ahern, Michael.
- Ahern, Noel.
- Andrews, David.
- Brennan, Séamus.
- Browne, John (Wexford).
- Burke, Raphael P.
- Byrne, Hugh.
- Callely, Ivor.
- Collins, Gerard.
- Coughlan, Mary.
- Cowen, Brian.
- Cullen, Martin.
- Davern, Noel.
- de Valera, Síle.
- Doherty, Seán.
- Ellis, John.
- Fitzgerald, Liam.
- Flood, Chris.
- Foley, Denis.
- Fox, Mildred.
- Gallagher, Pat the Cope.
- O'Keeffe, Batt.
- O'Keeffe, Ned.
- O'Malley, Desmond J.
- O'Rourke, Mary.
- Power, Seán.
- Quill, Máirín.
- Haughey, Seán.
- Hughes, Séamus.
- Jacob, Joe.
- Kenneally, Brendan.
- Keogh, Helen.
- Kirk, Séamus.
- Kitt, Michael P.
- Kitt, Tom.
- Lawlor, Liam.
- Martin, Micheál.
- McCreevy, Charlie.
- McDaid, James.
- McDowell, Michael.
- Moffatt, Tom.
- Molloy, Robert.
- Morley, P. J.
- Moynihan, Donal.
- Nolan, M. J.
- Ó Cuív, Éamon.
- O'Dea, Willie.
- O'Donnell, Liz.
- O'Donoghue, John.
- O'Hanlon, Rory.
- Ryan, Eoin.
- Smith, Brendan.
- Smith, Michael.
- Treacy, Noel.
- Wallace, Mary.
- Walsh, Joe.
- Woods, Michael.
Tellers: Tá, Deputies J. Higgins and B. Fitzgerald; Níl, Deputies D. Ahern and Callely.
Amendment declared carried.
Motion, as amended, agreed to.