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Dáil Éireann díospóireacht -
Tuesday, 26 Jun 2001

Vol. 539 No. 1

Electoral (Amendment) Bill, 2000 [ Seanad ] : Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

When I spoke before the adjournment of the debate on Friday, I said I regretted that this legislation did not tighten the anti-personation measures in view of the increased activity in this jurisdiction of people who, north of the Border, frequently abuse the democratic system. I specifically referred to the threat coming from a disciplined organisation. One of its members gave the game away during the election in West Tyrone when he said that it was carried out with military precision. The word "volunteer" has different meanings for that organisation. I urge strongly that something be done to improve identification measures at polling stations. The current list of identification documents is not good enough as, north of the Border and possibly in this jurisdiction also, there is an organisation that is good at forging these documents, as court cases established. Identification should include a photograph.

There is a case to be made for an identity card though many across the spectrum object to this. I no longer share that reservation. There is a strong argument for a photographic identity card to protect the democratic process. People who object would do so even more strongly if they discovered that their votes were cast by someone else in a way of which they disapproved. The right of objection should not be confined to personation officers. The presiding officer, clerks and gardaí present should also have that right if they have good reason to believe that a person is not the person named on the register.

There is no provision to extend postal voting and I welcome that. I am sorry to say that because this system is convenient for the elderly, those working away from home, students and others. I hope that, in future, for convenience's sake and to increase the number voting, the system will be extended. My reservations are based on my experience of how postal voting was fiddled and abused in the North. Applications and medical documents were forged. Intimidation was practised, especially on the elderly. They were threatened in their homes to get their postal votes. Postmen were followed and similarly intimidated.

Some examples of personation caused laughter. I know of some light-hearted, humorous occurrences such as the application on behalf of a 89 year old so-called student claiming to be studying archaeology and history, and there are other examples. However, when it is done systematically by those with contempt for democracy it must be stamped out. It is indicative of a situation in some areas of Northern Ireland where from the electoral cradle to the electoral grave, and on occasions beyond the grave, sections of a certain political party organised people's vote. That is total abuse of democracy and something we should ensure will not happen here. We should make provision to ensure it does not because that day is coming fast.

On the issue of opinion polls, I am not in favour of them being published in the week leading up to an election. An opinion poll is coming out tomorrow on the by-election in Tipperary South and I do not fear the result but in a presidential election where there are only two or three candidates or in a by-election, such as the one this week where there are four candidates, opinion polls should not be published in the preceding week. It is a different matter if it concerns all 41 national constituencies. The result of an opinion poll can dictate and push matters in a particular direction in terms of strategic voting. That should not be allowed to happen in the week before an election.

A person who reaches the age of 18 years on or before polling day is eligible for entry on the supplement. I welcome this. It does not mean that the actual date of birth appears on the electoral register as in the United Kingdom and Northern Ireland where the person concerned is entitled to vote on that day or on any election day after that date. Did the Minister consider this and, if so, why did he decide against it? I welcome section 28 which provides that ballot boxes with 50 ballot papers or less should be opened in view of the public. Why is it restricted to 50 rather than 100?

A central part and essential element of this legislation is limitation of expenditure and enforcement of those limitations. There is no point in receiving big donations if the money cannot be spent. That limitation on expenditure is the essential element of the legislation and I regret the Minister has seen fit to increase the limits. Much expenditure in elections is unnecessary and often a result of panic decisions reacting to other candidates, including candidates of one's own party. A new run of posters at the last minute is one such unnecessary expenditure. This essential limit on expenditure should curtail such waste.

The placing of candidates' names in alphabetical order on the ballot sheet is an advantage to those high on the alphabet. That is not referred to but perhaps it should be as it is a fact that research has proved correct. My name begins with C and in all the elections I have fought over a period of almost 40 years I have never been top of the ballot paper, even in a situation where there were only two names on it. It gives people an advantage to be top of the ballot paper. Perhaps we should consider some form of rota to ensure the advantage is spread around.

There are a number of other matters I would like to raise but there is not enough time. I am totally in favour of the limitation of election expenses. I regret that the expenditure limits have been increased and wonder if the consequences of exceeding them have been sufficiently spelt out and are sufficiently strong. Where someone or some party has clearly exceeded election expenditure limits a fine is not enough. In those circumstances the ultimate sanction – the loss of the seat – should be the major deterrent to those who abuse the regulations.

I wish to share time with Deputy Noel Ahern.

Is that agreed? Agreed.

The Electoral (Amendment Bill), 2000, comes, like much legislation introduced recently, against a background of severe attacks on the integrity of politics and politicians. Unfor tunately, the perception is abroad that the wrongdoing of the relatively small number caught reflects on the entire body politic. Effectively there appears to be the perception that "they are all at it". That does an enormous disservice to hardworking people of integrity in all parties. It is the background against which electoral and ethics legislation of various kinds need to be considered and measured. There are some innovative proposals in this Bill and quite a deal of revising and upgrading of existing legislation.

Many seem to believe that the principal reason for the drop in participation in the electoral process is due to the fact that there has been such bad publicity surrounding a relatively small number of politicians. That may well be the case. The turnout for the referendum on the Treaty of Nice was particularly disappointing. Perhaps more than any other occasion it illustrates the value of the vote exercised by the small number who chose to exercise it. The belief is that if there had been a much larger turnout, there would probably have been a different result. There are perhaps people who regret not having been part of what some see as an historic decision because of the success of the "No" campaign or what others see as a disaster because of the failure of the "Yes" campaign. One of the issues that has dogged the electoral system is that more and more people appear to be opting out.

The Minister is introducing a number of innovations, which I welcome. I know little about electronic voting and what we have seen from the US experience, in so far as it is electronic, would not encourage us in that regard. It is certainly an innovative departure and it will be interesting to see how it works. The issue of emblems and the provision of a photograph are matters which will be of considerable assistance.

Since the postal vote has been more widely introduced it has made it possible for a great many more to participate in the process. As Deputy Currie said, it does carry with it the difficulty and the danger that it may be open to misuse. That appears to have happened in other jurisdictions to a far greater extent than it has here. I would welcome an extension, in relation to certain categories, of postal voting under this legislation, although I understand the reason the Minister did not proceed with it. Ultimately, any electoral legislation must have as its central tenet the integrity and security of both registration and voting. Deputy Currie mentioned the allegations concerning certain polling stations in Northern Ireland. We have heard these allegations for years and, particularly, we heard of the intimidation of voters after the recent general election. That is something which, thankfully, we have not seen.

Sitting suspended at 6.30 p.m. and resumed at 7 p.m.
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