Dáil Éireann Debate, Tuesday - 14 February 2017
223. Deputy John Brady asked the Minister for Housing, Planning, Community and Local Government the legislation in place which allows a local authority to remove persons from the register of electors; and if he will make a statement on the matter. [6696/17]
Amharc ar fhreagraThe preparation of the register of electors is a matter for each local authority, as a registration authority, under the Electoral Act 1992. The removal of persons from the register arises in cases where a person is deceased or where the registration authority cannot establish to their satisfaction that the registered person is still resident at the address.
Under section 20 of the Electoral Act 1992 it is the duty of each registration authority to prepare and publish the register of electors in accordance with the provisions of the Second Schedule to that Act. Rule 5 of the Second Schedule to that Act sets out requirements in relation to the preparation of the draft register and provides that the registration authority shall make sufficient inquiries for the purpose of preparing the register. The registration authority may also obtain information from the superintendent register of births and deaths in connection with deaths of persons. Rule 5(6) requires registration authorities to prepare and publish a draft register on the basis of the information obtained under rule 5 of the Second Schedule.
Under section 18 of the Electoral Act 1992 the Minister may, whenever he thinks proper to do so, issue instructions to registration authorities in relation to the registration of electors in order to ensure the smooth and efficient registration of electors and to secure uniformity of procedure in all registration areas.
On 1 September 1997 the Minister instructed that, before deleting an elector’s name, registration authorities should issue a notice to that person indicating that the normal procedures have failed to establish that the person is still resident at the address. The notice should inform the person that, unless information to the effect that the person is still resident at the address is received within 10 days, it is proposed to remove the person’s name from the draft Register.
These requirements are further elaborated in sections 8.2 and 8.3 of my Department’s May 2006 Guidance for Registration Authorities – Preparing and Maintaining the Register of Electors.
In circumstances where, for example, an eligible voter has not responded to such correspondence and is subsequently removed from the register, he or she can apply to their registration authority for inclusion in the supplement to the register that will apply at any forthcoming elections or referendums.
