Dáil Éireann Debate, Tuesday - 10 March 2015
530. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will clarify the position of those responsible for providing insurance cover for schools used by his Department as polling stations for elections, and referendums; and if he will make a statement on the matter. [10212/15]
Amharc ar fhreagraThe primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within that framework, local returning officers are responsible for all matters in connection with the actual conduct of elections and referendums. This includes, in accordance with section 94 of the Electoral Act 1992, the provision of a sufficient number of polling stations, conveniently distributed for the accommodation of the electors entitled to vote there. In advance of elections and referendums, the Minister for Public Expenditure and Reform makes an order setting out a schedule of charges that are acceptable for the purposes of conducting the election or referendum, as appropriate. The position in relation to insurance for schools was set out in the Order, made by the Minister for the European and local elections held in May 2014. It provided that as the cost of running elections-referendums is borne by the State, it was not necessary for local returning officers to arrange insurance. It further clarified that claims taken against local returning officers and their staff engaged in carrying out their duties in accordance with the Electoral Acts would be dealt with under State Indemnity by the State Claims Agency and the Chief State Solicitor's Office.
On the matter of public liability insurance in relation to schools used for election purposes, the Department of Public Expenditure and Reform has advised returning officers of the view of the State Claims Agency that schools would have adequate public liability insurance and that there should be no need for schools to take out additional insurance for elections. If their cover was found to be inadequate, it is possible that their legal liability for some claims would fall on the State because their insurance cover was not sufficient to meet their legal liability.
