I move: "That the Bill be now read a Second Time."
An ongoing review of the electoral code is essential to ensure its accuracy, consistency and workability. In view of the changing lifestyle of the electorate and the disappointing downward trend in turnout at polls, we must continuously examine the operational procedures of registration and polling to ensure that any obstacles or inflexible practices are remedied. At the same time, however, we must make certain that the integrity and security of registration and voting are not diminished in any way.
The Electoral (Amendment) Bill, 2000, is the outcome of this ongoing review. It seeks to improve the registration process, revise the conditions for registration of political parties and to clarify, amend and improve other aspects of the electoral process. It includes an important new provision for electors to decide that their names and addresses in the register of electors should not be used for a purpose other than electoral or other statutory use. It contains a number of other amendments including provision for the display of a large print copy of a ballot paper in the polling station to assist electors generally but particularly visually impaired electors.
The Bill forms an important part of the Government's programme of reforming the regulatory framework for public life. It provides for a revised regime for the acceptance and disclosure of political donations and the financing of political parties. It also provides for miscellaneous amendments to the Electoral Act, 1997, to improve the operation of that Act for political parties, public representatives, the Public Offices Commission and others. It will also revise expenditure limits for candidates at Dáil elections to what I believe are more practical and sensible levels than were set out originally in the Electoral Act, 1997.
The Bill does more than revisit and up-date the existing electoral code. It is also forward looking legislation which could have a profound effect on the way elections are held in this country. In December of last year, a Dutch-UK company, Nedap/Powervote, was appointed to deliver an electronic solution for the current manual voting and vote counting arrangements and the Bill will provide the statutory basis for the use of voting machines and electronic vote counting at elections. It will also provide for the inclusion of photographs, first used at European elections in 1999, and political party emblems on ballot papers at most elections and will include provision for earlier opening of polling stations.
I will now deal in some detail with the main elements of the Bill which contains 58 sections set out in five parts.
Sections 1 and 2 are standard provisions dealing with citations, construction, commencement and interpretation. Section 1(9) provides for the Minister to make orders for the commencement of the Act. This subsection is required because some of the Bill's provisions, especially in relation to the register of electors, require a lead in time to become effective. It is the intention, nonetheless, that all of the Bill's provisions will be commenced as early as possible.
Part 2 of the Bill amends the Electoral Act, 1992, which is the Principal Act providing for the registration of electors and political parties, the conduct of elections to Dáil Éireann and the arrangements and rules for the counting of votes. Sections 3 to 34 make a series of amendments to the code ranging from relatively minor technical adjustments to a number of new provisions.
Sections 3, 4, 32 and 34 introduce the first major change in relation to the register of electors, namely, providing electors with the opportunity to decide whether they wish their names and addresses in the register to be used for a purpose other than electoral or other statutory use. Specifically, the "edited register" will exclude the names and addresses of electors who indicate that they do not want this information used for commercial purposes. Registration authorities will have three years to contact all electors on the register before the publication of an "edited register" is mandatory. If a registration authority is in a position to publish an "edited register" before the expiration of the three years, it may do so. Commercial use of registration information excluded from the "edited register" will be an offence under section 32.
One might ask in relation to this provision, why produce an edited register at all? The important consideration here is that the register of electors is a public document and, as such, it is not covered by data protection legislation. It can be bought by anybody and modern technology allows personal information in the register to be more easily processed than previously. Anecdotal evidence available from complaints suggests that the sale of the register for commercial purposes may act to discourage some individuals from registering. In addition, there is an emphasis in data protection legislation that persons should be able to withhold their consent to the use of personal data for a purpose other than that for which it is collected.
In providing for this matter, the choice had to be made whether to make it illegal to use the data in the register of electors other than for electoral or other statutory purpose or else seek to make it available subject to the consent of the elector. The Government has opted for the latter course, in which electors are able to register their wish to restrict the availability of their personal details at the point of data collection. If it is found that most people do not wish to be included in the "edited register" or there is no demand for such a register, then its discontinuance will be considered in future legislation.
I stress that there will be no change in the provision of the register to elected politicians and candidates. As I said, the register is not subject to the Data Protection Act, 1988, because it is a public document. However, public representatives are required to register with the Data Protection Commissioner if they add personal data to the register relating to racial origin, political opinion or religious or other beliefs, physical or mental health, sexual life or criminal convictions. The possession of the register of electors does not, in itself, make registration necessary.
Section 4 also provides an enabling power to create a national register of electors which may be required in the future for further developing electronic, Internet or telephone voting and which will facilitate the on-line updating of the different individual registers of electors countrywide. There is also a provision that the preparation and maintenance of the register of electors can be assigned, by order of the Minister, to a body other than a registration authority. This would enable other organisations besides registration authorities to be involved in the process. There have been complaints during the years about the accuracy of the register and perhaps other bodies could bring new ideas on how to improve matters. Such a ministerial order would have to be approved in draft by both Houses of the Oireachtas.
Section 6 includes two important and worthwhile changes. The first provides that a person who is on a register of electors and moves residence from one constituency to another or from one local electoral area to another, can apply for entry to the supplement at their new address provided they authorise the registration authority to delete their name from the register of electors for the area in which they are registered.
This is a measure which I am sure all Members will welcome as particular annoyance is expressed at elections and referenda by people who are on the register but have moved residence to another constituency or local electoral area. Under cur rent law, such persons cannot vote in their new constituency and must travel to their old constituency, with the associated cost and inconvenience, to vote for candidates who do not represent their new area.
Section 6 also provides that persons who reach 18 years of age between the date the register of electors is published and polling day will be eligible for entry on the supplement to the register. The proposed amendment is intended to clarify the position that a person, who becomes 18 years old on or before polling day, including the period after the cut-off date for applying to get on the supplement, can apply on or before the cut-off date for entry on the supplement for the poll in question.
Section 10 replaces and extends section 16 of the Electoral Act, 1992, to provide that electors lists can be compiled in place of the draft register, register and supplement to the register. The use of lists would provide an opportunity to have a rolling register where it will be possible to add and delete names throughout the year. While the present supplement facility does provide for additions, electors lists could be a more efficient way to keep the register up to date. After the Bill is enacted, my Department will consult one or more registration authorities concerning their use. It is envisaged that electoral lists would be introduced on a limited basis initially and their application could then be reviewed in the light of the experience gained.
Section 11 provides for a comprehensive revision of section 25 of the Electoral Act, 1992, concerning the preparation and maintenance of the register of political parties. Most of the amendments have been sought by the registrar to assist him in carrying out his functions and to provide for the registration of political party emblems. A review of the conditions for registration is also necessary as registration now covers more than just putting the name of a political party on ballot papers. Registered political parties are entitled to State funding for the administration of the parties if they obtain not less than 2% of first preference votes at a general election, a matter to which I will return. The parties also have certain disclosure and other obligations under the Electoral Act, 1997, and certain rights under the referendum Acts with approved body status. The main changes proposed to section 25 of the Electoral Act, 1992, in section 11 is the introduction of criteria which new parties will be required to meet in order to be registered. The criteria include a membership of not less than 300 or 100 in the case of registration in part of the State or local or Údarás na Gaeltachta elections, each of whom must have reached the age of 18 years, and at least 50 per cent of recorded members must be included in the register of electors. In addition, the organisation and direction of the party must be governed by a constitution, memorandum of association or other such document or other written rules, which have been adopted by the party. As an alternative to the recorded members requirement, a party must have at the time of application for registration at least one member who is a Member of Dáil Éireann or, a representative in the European Parliament or, in the case of local elections, three members who are members of a local authority or, in the case of an Údarás election, one member.
Other changes include: the registration of an abbreviation or acronym or party emblem; the facility to have details on the register amended; the name of the party cannot exceed six words; and a requirement that an application for registration and amendment of entry on the register will not be effective if the final decision is not given before the movement of the writ or the making of a polling day order.
The register in force when the section commences will be deemed to be the register without any action required by political parties entered on the register. If required, an application will have to be made to the registrar for registration for Údarás elections.
Sections 12 and 13 devolve power in relation to polling schemes to local authorities. A polling scheme divides a county or county borough into polling districts and appoints a polling place for each polling district for the purpose of holding elections. Under current arrangements, the Minister confirms or otherwise a polling scheme prepared by a local authority and submitted to him. However, this is a function which should be determined locally, where the detailed local knowledge resides, rather than centrally in the Department.
Section 15 is a small but important clarification that a person who reaches 21 years of age on or before polling day is eligible for nomination for election. The present legislation is silent on the precise date when a person must reach the age of 21 years. It is desirable to clarify this matter as a doubt, in one instance, ended up in the High Court.
Sections 16, 18, 19, 20, 21 and 23 together provide for the inclusion of photographs and political party emblems on ballot papers and related matters. Photographic ballot papers were used for the first time at the June 1999 European Parliament elections in order to give voters additional information to assist them in making their choice. It was also anticipated that the measure would be of assistance to those with low levels of literacy. Research into the European election experience appeared to confirm anecdotal evidence at the time of the elections and since that people are generally well disposed towards the use of photographs. The attitude to their future use in the survey results was overwhelmingly positive and there was also a fairly strong belief that photographs were of assistance to electors in casting their vote. Likewise, the feedback from people with literacy problems was positive. The research did, however, caution that the use of photographs could introduce a bias in favour of candidate centred criteria and it has been decided, therefore, to include party emblems as a counterbalance to candidate photographs.
Section 17 removes an anomaly in relation to the recoupment of deposits and election expenses. At present, an unsuccessful candidate at a Dáil by-election can qualify for the recoupment of his or her election expenses up to £5,000 based on a quarter of what would have been the quota in the constituency had the by-election been a general election. At the same by-election, however, a candidate may not qualify for a refund of their deposit of £300 as this is based on obtaining a quarter of the quota at a by-election. Section 17 will apply the same conditions to both the return of a deposit and the recoupment of expenses to a candidate at a Dáil by-election. Similar amendments are repeated in sections 29, 30 and 31 dealing with the count rules, which include provisions for the transfer of votes if it would enable a candidate to qualify for a refund of his or her deposit.
Sections 24 and 26 provide that persons, who are unable to read or write to the extent of not being able to vote, can have a companion vote for them: at present this facility is confined to electors with physical or sight disabilities. However, its extension to persons with literacy problems is justified and will complement the use of photographs and party emblems on ballot papers, which will also be of assistance to such electors. The proposed change in section 25 is in response to a considerable number of representations received by the Minister for the Environment and Local Government, Deputy Dempsey, and me that polling day staff who are registered voters in a constituency other than the one in which they are employed, are unable to vote. Section 25 will allow such persons to vote by post provided they are included in the supplement to the postal voter's list. Similar amendments for European, presidential and local elections and referendums are contained in Part 5 of the Bill.
Section 28 deals with the secrecy of the ballot on islands and also in other areas where there is a small turnout. This section provides that ballot boxes with 50 or fewer ballot papers should be opened in view of the public, including tally persons, but at a distance to ensure the secrecy of the ballot. Its purpose is to ensure that an agent or other person present at a count cannot identify the preferences of voters whose ballot papers are in a ballot box containing a small number of papers. An agent could surmise how a person voted from local knowledge or from the marked copy of the register of electors. Such a scenario is potentially in conflict with the constitutional requirement that "voting shall be by secret ballot".
Section 33 reduces to 50 metres the distance from a polling station that canvassing can occur and posters can be displayed. There have been complaints that the requirement in the 1992 Act, which prohibits persons from canvassing or inter fering with electors within 100 metres of a polling station, has made it difficult for voters to identify polling stations. The amendment will allow for posters nearer the polling station but still at a reasonable distance from the curtilage of the polling station building so that electors will not be harassed going into the polling station.
I want to move on to one of the more innovative aspects of the Bill, the provision for the introduction of electronic voting and counting. Sections 35 to 48 provide a statutory framework for the use of electronic voting and vote counting at Dáil elections. The number of sections may appear small but the relevant sections of the Electoral Act, 1992, will apply subject to the necessary modification. As announced in last December's budget, the Government provided £500,000 in 2001 for the first phase of a programme to introduce electronic voting and counting for elections in Ireland. Following extensive research by my Department into available technologies and an international tender competition, a Dutch-UK company, Nedap-Powervote, has been chosen to deliver an electronic system. Phase 1 of the project is under way with development and testing of voting machines, election management software and PR-STV count software. When testing establishes that the system operates satisfactorily, the Government will consider using the equipment in a number of constituencies at an election or referendum, provided, of course, the legislative provisions are enacted. I stress that the Government has only agreed in principle to the introduction of the system, subject to satisfactory testing. The legislation is enabling, if such testing establishes that the system is suitable for Irish electoral conditions.
The Nedap-Powervote solution will provide a large screen voting machine, which is successfully used in the Netherlands and in the German cities of Cologne and Dusseldorf. Large screen machines are also used extensively in the United States but they were not involved in the now infamous Florida count. Election preparation will be run from an industry-standard PC system and the completion of the count, using PR-STV, will also be carried out on a standard PC and programming unit. The emphasis with the chosen system is on security and simplicity. The system will be simple to use for voters and returning officers and their staff. Vital functions will be available for authorised staff only and a new version of the election management software will be provided for every election. Electors will register in the normal way at the polling station, record their preferences by pressing a designated space beside the candidate's details on the ballot paper displayed on the voting machine and vote by pressing the vote cast button. There is a facility for an elector to correct or change a preference recorded before the vote cast button is pressed. Votes cast are always securely stored in case of a machine or power failure.
During the Bill's passage through the Seanad, a number of concerns were raised in relation to this project and, disappointingly, the Labour Party opposed the measure. While I can understand a certain apprehension among Members, I assure the House that the system will be tested exhaustively by Department officials, returning officers and the Local Government Computer Services Board. It is also proposed to subject the system to independent testing by two international test institutes and by a company here in Ireland. Only when the Government is fully assured that the system operates satisfactorily will a pilot project in a constituency be undertaken.
The Department expects to get delivery of six voting machines, together with the necessary software, in July. Due to the holiday period, intensive testing will not commence until September. In the autumn, the Minister will invite representatives of political parties to join the steering group overseeing the testing of the system. When the voting machines are delivered, Department officials will provide, if requested, demonstrations of the machine to party spokespersons, individual Members or groups of Members of the Oireachtas.
I stress that the Government wishes to have all-party consensus, if possible, on the system. All testing reports and specifications for the voting machine and software will be sent to the Oireachtas Library for the information of Members, and Department officials will facilitate Members of the Oireachtas in providing information on the system. In addition, publicity and information programmes for the public will be carried out before the system is used. The introduction of electronic voting and counting is a large and challenging project for the electorate, electoral administrators and, not least, everyone in this House. Nonetheless, I am confident that at the end of this project we will have a system that will make it easier for the public to vote, provide election results within a few hours of close of poll, improve the efficiency of electoral administration and support a positive image of the country in use of information technology.
While electronic voting and counting will help to modernise our democracy, we need to be radical also in terms of our determination to clean up politics. The Government has set its face firmly in favour of the restoration and maintenance of public confidence in the standards by which Ireland is governed. As part of that reform, the Minister for the Environment and Local Government announced, earlier this month, a new regime for the disclosure and acceptance of political donations. The amendments contained in section 49 of the Bill provide for: the introduction of maximum limits on political donations of £5,000 to political parties and campaign groups and £2,000 to individual public representatives and candidates at elections – the £2,000 limit will not apply to a constituency office provided to a public representative by any person, however, the disclosure of the donation, if over £500 a year, will continue to apply; a prohibition on accept ance of donations from an individual, other than an Irish citizen, who resides outside the island of Ireland or a company which does not have an office on the island of Ireland from which the carrying on of one or more of its principal activities is directed.
A requirement that all public representatives, unsuccessful candidates at elections and third parties who receive a donation for political purposes greater than £100 in any particular year must open a political donation account through which all donation transactions in that year after the opening of the account must take place.
Annual and post-election donation statements must be accompanied by a statement from the financial institution, specifying the transactions that have taken place in the account, together with a certificate stating that all donations were lodged to the account and were used for political purposes. The bank statements will be sent to the Public Offices Commission or local authority but will not be available for public inspection unless ordered by a court to do so or where disclosure is required in connection with an investigation held by the commission or local authority.
The new requirements will apply to TDs, Senators, MEPs, councillors and candidates at presidential, Dáil, Seanad, European and local elections, and the requirement to furnish an annual donation statement is extended to councillors.
To counterbalance the fall off in funds available to political parties as a result of the capping of donations, the amendments in paragraph (c) of section 50 provide for an increase in the annual public funding made available to political parties from the current level of just over £1 million to £3 million. In addition, each registered political party which obtains not less than 2% of the first preference votes at the previous general election will receive an annual payment of £100,000. Public financing is necessary to ensure that parties have enough money to operate and in order to limit inappropriate private influences. Private financing must be subject to a ceiling and must be totally transparent. Contributing to the funds of political parties is a legitimate practice. Political parties perform an essential function in democratic societies and it is in society's interest that they should have the resources to carry out that function effectively. In some countries, contributions to political parties are positively encouraged by mechanisms such as tax incentives. While there is no ideal model for financing political parties, the system the Government is proposing based on a reasonable balance between public and private funding will operate satisfactorily and will contribute to improving standards and to restoring public confidence and trust in public life.
As well as the major new additions to the Electoral Act, 1997, in Part 4, it has been necessary to bring forward a range of amendments to the existing provisions to deal with a number of difficulties that have arisen in applying its conditions. This is not surprising given the complex reporting and administrative procedures that the legislation entails. The experience gained by the Public Offices Commission since 1997 has, understandably, given rise to operational difficulties and section 50 revisits the Electoral Act, 1997, as amended in 1998, to provide for a number of amendments, most of which have been requested by the commission. The changes are listed in the explanatory memorandum and deal mainly with working difficulties encountered in regard to the application of the legislation but I would like to mention two items in particular.
Paragraph (j) of section 50 amends that part of the Electoral Act, 1997, dealing with election expenses for Dáil and European Parliament elections which provides for the definition of expenses on the basis that everything is included unless it is listed in the paragraph dealing with excluded items. This has given rise to difficulties in interpretation for political parties, elected members, candidates and the Public Offices Commission of what is and what is not an election expense for the purposes of the Act. The aim of this amendment is to define, in a more constructive way, what election expenses actually encompass. For convenience and clarity, these matters are set out in a new Schedule to the Bill together with specific exclusions, to avoid doubt. The list of matters included in the Schedule is typical of the type of expenditure that arises at an election. They include expenditure on advertising, publicity, posters, leaflets, office rental, transport, market research and payments to campaign workers.
The exclusions, as before, will include free postage under the Electoral Acts; payments, services or facilities provided out of public funds; the transmission of party political broadcasts and the payment of a deposit, etc. Two clarifications are made to the list of exclusions: paragraph 2(f) makes clear that reasonable living expenses include accommodation. The amendment at 2(g) clarifies that minor expenditure is expenditure on any item of less than £100 by an individual out of his or her own resources provided the costs are not recouped to the person. In addition, the exclusions include any expenses in respect of property, services or facilities in so far as those expenses fall to be met out of public funds. These changes are being made to the expenditure regime at presidential and local elections.
The second matter to which I refer is contained in paragraph (I) of the same section and it is a change, which it is fair to say, has attracted an amount of political controversy. Many of the difficulties I referred to earlier in relation to the operation of the Electoral Act, 1997, may not have arisen if the original expenditure limits were set at reasonable levels. Candidates and members of both Houses should be able to go about their daily business, whether acting as representatives of the people or campaigning at an election, without the need to carry a calculator to ensure that every penny spent is accounted for. The Minister has, therefore, taken the opportunity in this Bill to revise the expenditure limits at Dáil elections to what are realistic levels. Section 32 of the Electoral Act, 1997, sets the original expenditure limits for candidates at a Dáil election at £14,000, £17,000 and £20,000 for a three, four and five seat constituency respectively. These amounts were increased in line with increases in the CPI on 13 October 1999 to £14,453, £17,550 and £20,648. However, the Minister has always believed, and I agree with him, that the original limits were inadequate and it is now proposed to increase them to what are more workable levels of £20,000, £25,000 and £30,000.
The Minister's position on this issue has been consistent.