Amendments Nos. 43 and 44 are related and may be discussed together. Is that agreed? Agreed.
SECTION 21.
Chairman
I move amendment No. 43:
In page 19, subsection (2)(b), lines 22 and 23, after "Communities" to insert "or any material which relates to any political issue, local or national".
I am sure other Members have received correspondence from people who have difficulty with this section and who have no desire to litter but who see it as an infringement of their constitutional right to make political statements. My amendment seeks to allow for distribution of any material which relates to a political matter as distinct from commercial literature. I realise there are difficulties about where to draw the line but most of us know what political literature is.
It has been pointed out that literature for socalled political campaigns, such as that to free the Birmingham Six, could be banned by the local authority under this section. The Minister will recall — he said he was actively involved but he was only a child — the opposition to the proposed nuclear power station at Carnsore Point. Under this section a person could be prosecuted for distributing leaflets on this issue because they are deemed to be litter. I am sure it is not the Minister's wish or the wish of anyone in the House to pass a Bill which will stop people from exercising their democratic right to oppose or support particular issues. I have been advised that this section is in contravention of a person's right to free speech and that it could cause major problems.
I ask the Minister to accept either my amendment or Deputy Quill's amendment or to table one on Report Stage to address these concerns.
I agree with Deputy Dempsey. I support this section which allows local authorities to make by-laws to regulate the distribution of advertising material. This is not before time because we are all plagued by leaflets on our windscreens every time we park our cars, which often blow on to the streets. It is an unwelcome intrusion on our property. This is an essential part of any Bill.
I am glad that election literature is exempt under this section but my amendment seeks to exempt all political material. While it is important to prevent litter, the preservation of the right of freedom of political expression is the cornerstone of democracy so we should not throw out the baby with the bath water. I ask the Minister to accept either amendment or to table one on Report Stage to meet our concerns.
I support the amendments tabled by Deputies Quill and Dempsey. Perhaps I have too much faith in local authorities, but a provision should be included to ensure they do not overstep the mark not just at local elections, general elections and European elections but also in relation to people who express opinions on political or quasi-political issues.
I am mindful of the core issues raised by Deputies Quill and Dempsey. When I say I want to protect the baby with the bath water, I do not want to make the section useless. Many things are now described as political. Almost every local issue has a political consequence so we may have little to limit. When we drafted this section, I shared Deputy Sargent's view that it is a matter for the local authority, where it deems it necessary for the purpose of preventing litter, to establish such a by-law according to its circumstances. Local authorities will be mindful of allowing expression on the issues Deputy Dempsey mentioned. I do not know if one can advertise a local car wash which also asks people to support Deputy Dempsey. The Deputies' fears are not real because the local authority will make by-laws to meet the needs of the time. I do not want to cast the net so wide as to allow indiscriminate littering by leaflet. The section is strong enough and it is not an incursion on free speech.
I disagree with the Minister. This is important legislation in which we have included an exemption for politicians. However, as Tip O'Neill said, all politics is local. People oppose certain issues, which leads to the emergence of single issue candidates. I am concerned about giving a local authority the power to make by-laws which would allow it to proscribe political activity in its area. Many campaigns are for or against actions taken by the local authority rather than the Minister. The local authority will adjudicate on what is or is not political or on what can or cannot be allowed. A provision should be included in this legislation to allow such activity.
We will see if we can get a more specific form of words on Report Stage.
People are annoyed at the amount of commercial literature.
It is all right if it is addressed.
I am jealous of primary law. Because we have sought to exempt election literature, we have made a distinction between electoral issues and wider political ones. We are the custodians of democracy and issues which arise are the essence of democratic debate.
I am interested in the litter on the streets.
There are higher things.
Some people will be extremely cynical because the Government is protecting electoral material while suppressing political material. I am worried about this fundamental flaw.
Everything is political.
That is nonsense. The Minister is talking out the argument.
I see the Deputies' points. I will try to get a more specific form of words to meet the Deputies' requirements. If the Deputies wish, they can press the matter on Report Stage.
I reserve the right to re-enter it on Report Stage.
Chairman
I understand it was agreed to adjourn for the Order of Business in the Dáil. Is the amendment withdrawn?
I reserve the right to re-enter it.
Amendment, by leave, withdrawn.
Amendment No. 44 not moved.
Section 21 agreed to.
Sitting suspended at 10.31 a.m. and resumed at 11 a.m.