Dáil Éireann Debate, Wednesday - 5 May 2004
8 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Prison Service allows prisoners to apply for, receive and vote using postal ballots; and if not, the reason therefore. [12741/04]
Amharc ar fhreagraThe prison rules neither expressly prohibit nor expressly provide for a prisoner to apply for a postal vote, receive a postal vote or to vote using a postal vote. The Deputy will appreciate that electoral legislation is a matter primarily for my colleague the Minister for Environment, Heritage and Local Government. However, I understand there is no specific provision in the Electoral Acts that allows a person in custody apply for a postal vote.
At present, members of the Garda Síochána, diplomats and members of the Permanent Defence Force serving overseas are allowed to vote by post. Persons who are disabled and living at home may apply for a postal vote. In addition, the Electoral Act 1997 provides that where the circumstances of the elector's occupation, service or employment are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling station, the elector can apply for a postal vote. Employment and service are deemed to include participation on a full-time basis on an educational course of study in an educational institution in the State.
The question of making arrangements for voting by persons in custody is to be reviewed in light of a recent case in the European Court of Human Rights and my Department, in conjunction with the Department of Environment, Heritage and Local Government, will have an input into that review.
On elections to this body, the Constitution requires that constituencies should be based on representation by reference to the population of that constituency. The population of a constituency are the people ordinarily resident in that constituency. In the case of people serving a long term of imprisonment, the question is whether they are ordinarily resident at the place of the prison or where they would be if they had not been sentenced to jail. I do not believe it would be desirable in any circumstance for prisoners, whether remand prisoners or convicted prisoners, to vote as a block in a constituency simply by virtue of the fact that I as Minister for Justice, Equality and Law Reform decided to locate a prison in that place.
Ireland is one of a small number of European states which denies incarcerated citizens their right to vote. This is done by virtue of the fact that they cannot apply for postal votes. While this is not the Minister's responsibility, he said the Government is studying the ruling. Does he agree that the current status quo is in violation of the European court ruling? Given the impending election, will he commit to having mechanisms in place to allow imprisoned citizens to vote on 11 June this year? I do not understand what purpose will be served by denying prisoners their right to vote. The question of the constituency where one votes can be sorted out in due course. More than likely it will be sorted out on the basis of where one resided prior to going to prison. The majority of these people will be voting in their constituencies because the prisons are located in constituencies where these people live such as the north inner city or Dublin South-Central, working class areas which have a higher proportion of incarcerated people. Will the Minister explain what legitimate purpose will be served by denying these people their vote?
I do not accept the general proposition that being sent to prison should have no consequence other than deprivation of liberty. Being sent to prison for six months would disqualify a person from membership of this House and deem his or her seat to be vacant. Going to prison has consequences. Being convicted of the offence of theft or dishonesty, for instance, involves many consequences, including ineligibility for appointment to many boards and ineligibility to take part in the affairs of a credit union. This is an issue we must collectively think about. It would be advisable to sit around a table and discuss the issue on an all-party basis. I do not believe this is a party issue; it is an issue of fundamental principle. In that context, the balance should be struck, not on some kind of theoretical paper basis, but on what the practical consequences are likely to be. There are arguments on both sides.
The European Court of Human Rights' ruling may be subject to an appeal. That ruling is one I would like to study at great length as, I presume, would most Members of this House to see where we stand on the issue. I do not think it is necessarily the case that being sent to prison for a serious crime such as directing terrorism or whatever should leave one in a position whereby one can participate in elections. Canvassing would be a problem in these circumstances. There are all manner of complications which would need to be taken into account in a balanced discussion.
It is an interesting point which should be discussed at the Joint Committee on Justice, Equality, Defence and Women's Rights. We would be in a position of less adversarial circumstances to develop our thinking and consider at greater length some of the implications.
The issue must be discussed. There will be a court decision against us if we do not do something about the issue. We should accept the principle and work out the modalities.
I agree the matter should be discussed and that the European Court convention case raises issues. However, I am not the Minister with responsibility for solving it.
