Committee Reports::Joint Committee on Interim, 2nd Interim, 3rd Interim and Final Reports

1. (i) The Joint Committee has made further progress in the matters referred to it and has agreed to the following second interim report.

(ii) As in its first interim report, the Joint Committee sets out, where relevant, in italics and small print, the proposals and explanatory notes contained in the general scheme of an Electoral (Amendment) Bill submitted to it by the Minister for Local Government. A number of the Committee’s proposals do not fall conveniently under any of the Heads in the general scheme, and these are set out separately in the report.

Early implementation of certain proposals.

2. The main body of the report contains proposals which the Joint Committee feels should be enacted in the lifetime of the present Dáil. Paragraph 43 contains certain further suggestions which could, in general, be implemented administratively. This the Committee considers should be done at the first suitable opportunity.

Consolidation.

3. The electoral laws are complex and often archaic. In the Joint Committee’s view this is especially undesirable in a code which deals with questions of fundamental importance. Its proposals in this interim report are designed not only to bring the code up to date insofar as registration of electors and Dáil elections are concerned but also to simplify it. The Committee suggests that all the electoral provisions should be consolidated in one statute or in a small number of statutes. This must, of necessity, be a relatively long-term objective and the addition, in the meantime, of a number of amending Acts and the making of a number of further orders will tend to complicate the code further. To minimise confusion the Committee recommends that:-

(i) as far as possible, the interim legislation to give effect to its present proposals should repeal all relevant provisions in previous statutes in full, avoid legislation by reference and be self-contained, and

(ii) when that legislation or the greater part of it has been enacted, the Department of Local Government should issue a booklet setting out in simple language for the information of candidates and others the principal provisions of the electoral law.

B.—FRANCHISE AND REGISTRATION OF ELECTORS FOR DÁIL AND LOCAL ELECTIONS.

Procedures for registration of electors.

4. The Joint Committee considered the procedures for the registration of electors as set out in Acts and Orders with further instructions of an administrative nature contained in a Memorandum on Procedure for Registration of Electors of August, 1955, and in various circular letters issued by the Department of Local Government to registration officers. The Committee noted in particular the instructions about publicity for the electors lists and for the rights of members of the public to claim registration. These instructions are as follows:—

The attention of the public should be called to the desirability of assisting the rate collectors’ inquiries, especially by completing and returning the registration forms immediately after the 15th September. The extent of this publicity is left to the registration officer’s discretion.

The registration officer should bring the publication of the electors lists and the rights of members of the public as regards claims and objections to the notice of the public in the following ways:—

(1) by displaying the lists and a conspicuous notice in simple language regarding the manner of making claims and objections in—

(a) the office of the registration officer;

(b) post offices;

(d) public libraries;

(e) offices of local authorities;

(f) dispensaries;

(g) such other places as the registration officer considers suitable,

(2) by supplying a copy of the lists for a constituency to each Deputy representing that constituency;

(3) by supplying a copy of the lists for each county, county borough, borough, urban district or town to each member of the appropriate local authority;

(4) by publishing a press advertisement on the lines of the notice displayed with the lists and arranging, if possible, for the publication in the newspapers in which the notice appears of a news item or write-up about the preparation of the register and the need for the public to take an interest in the matter.

A supply of the prescribed forms of claim should be made available at all places where the lists are displayed for public inspection.

In the case of county boroughs, and the borough of Dún Laoghaire, an alphabetical street index to the electors lists for the county borough or borough should be displayed and copies made available wherever such lists are on public display.

To supplement the publicity given by registration officers in their areas, general publicity, e.g. by way of broadcasts, will be arranged by the Department of Local Government.”

5. These instructions are brought to the attention of registration officers each year. The Committee regards the informal news items and articles in local newspapers as a particularly valuable form of publicity and recommends that it should be continued and, if possible, availed of even more extensively than at present. Paragraph 43 contains a number of other suggestions on registration procedures.

Form of electors lists.

6. Under the Representation of the People Order, 1918, the electors lists comprised, briefly:—

This form was continued, with modifications consequent on the amalgamation of the electors and jurors lists, by the Registration of Electors (Electors Lists) Order, 1924, which was revoked by the Electoral Order, 1936. This Order prescribed the present form of the electors lists, i.e., a list which purports to contain the names of all persons whose names will appear in the next register. Additions and deletions are not shown separately in this from. In 1942, the old form was reverted to. The present form was again prescribed by the Electoral Order, 1946.

7. The Joint Committee considers that the old form of lists, which enabled the principal changes proposed to be made in the existing register to be seen easily and clearly, had considerable advantages. The Committee recommends that if further examination shows that there are no grave shortcomings in this form it should again be prescribed. If the old form is not again adopted the Committee considers that a list of additions and deletions should, in any event, be published with the lists.

Registration of Electors.

(a) delete the references to registration by reference to the occupation of business premises, and

(b) include in the section the provisions as to the registration of local government electors by reference to “ordinary residence” contained in the Local Government (Extension of Franchise) Act, 1935.

(2) Provide for the inclusion in section 1 of the 1923 Act of a reference to local government electors, and for the repeal of the Local Government (Extension of Franchise) Act, 1935.

For Dáil elections a person may be registered in the constituency where, on the qualifying date, he is:—

(2) in occupation of business premises of a rateable valuation of not less than £10.

He cannot be registered more than once and, if he is qualified under both of these heads, he may choose in which constituency he wishes to be registered. In the absence of an expression of choice, he is usually registered in the constituency where he resides. Persons registered where they occupy business premises are distinguished in the register by the letter “O”. There are very few such registrations.

The retention of the double basis for registration, however, unnecessarily complicates the register and may, in fact, lead to a person being registered twice as a Dáil elector in different constituencies despite the express statutory prohibition. It is proposed that the occupation of business premises as the basis for registration as a Dáil elector should be abolished. Dáil electors would then be registered only where they are ordinarily resident on the qualifying date.

For local elections, an elector may be registered in the local electoral area where, on the qualifying date, he is—

(2) in occupation, for at least six months, as owner or tenant, of land or premises.

It is proposed in this Head to incorporate the provisions dealing with the registration of local government electors by reference to “ordinary residence” which are contained in the Local Government (Extension of Franchise) Act, 1935 and to repeal that Act in toto.

8. No person will be deprived of the right to registration by this proposal, which is essentially of a tidying nature. If it is implemented, Dáil electors will be registered only where they are ordinarily resident, and the statutory provisions for the registration of local government electors by reference to ordinary residence will be amalgamated with the similar provisions for the registration of Dáil electors. The Joint Committee considers these proposals a desirable simplification and recommends that they be accepted.

Repeal of certain provisions regarding Registration and Voting.

(1) subsections (1) and (4) of section 9 of the Representation of the People Act, 1918, and in subsection (3) the words “a person shall not.....................................a British subject and......”

The subsections specified provide that at a Dáil or local election a person shall not be disqualified for being registered or for voting by reason of the fact that—

(1) he or some person for whose maintenance he is responsible has received poor relief or other alms, or

(2) he is employed by or on behalf of a candidate at an election so long as the employment is legal.

There is now no disqualification for registration or for voting for either of these reasons and the saver from disqualification made by the subsections is superfluous.

The words in subsection (3) of section 9 of the 1918 Act which it is proposed to repeal provide that a person shall not be entitled to be registered or to vote as a (Parliamentary or) local government elector if he is not a British subject. The reference to parliamentary elections was repealed by the Electoral Act, 1923.

Rule 10 of the First Schedule to the 1923 Act sets out the matters which may be included in a claim form for registration, viz., a declaration of the claimant’s qualification to be registered, that he has attained the required age, that he is a citizen and of the class of electors to which he belongs,etc, The claim form is prescribed by the Minister and it is not considered necessary that conditions as to what must appear in a claim form should be retained. It is intended to simplify the claim forms.

Rule 23 provides that any person whose name is in the list of Dáil electors of any registration unit in any county constituency and who resides outside the polling district in which he is entitled to be registered may claim to vote at any other polling place within the constituency. The registration officer may disregard claims received after 20th January in any year. This provision originated at least as far back as the Registration (Ireland) Act, 1850, when voting was public and the franchise limited. So far as can be ascertained it is now availed of very rarely, if at all. The facility would cause great difficulties at election time if it were widely availed of and it is proposed to repeal it.

9. Subsections (1) and (4) of section 9 of the Representation of the People Act, 1918, and subsections (1) and (3) of section 4 of the Electoral Act, 1923, contain provisions which are either anachronistic or unworkable, and the Joint Committee recommends their repeal. The Committee notes that the effect of the repeal of the words mentioned in subsection (3) of section 9 of the 1918 Act will be to enable any person, irrespective of whether or not he is an Irish citizen, to be registered as a local government elector, if he has occupied property by freehold, leasehold, or other tenure for at least six months prior to the qualifying date. To be registered by virtue of ordinary residence, a person will, however, have to be an Irish citizen.

10. The repeal of rule 10 of the First Schedule to the 1923 Act (which prescribes the information which a claim for registration must require) will enable the claim forms to be simplified with a minimum of formality. Some further suggestions on this point are made in paragraph 43.

11. The repeal of rule 23 of that Schedule (which enables an elector in a county constituency to opt to vote at a polling place other than the place appropriate to the district in which he is registered) will obviate a possible source of confusion at election time and go some way towards enabling the present form of the register to be simplified.

Prescribing dates for publication of Electors Lists and other dates connected therewith.

(a) for the fixing by the Minister, by order, of the dates for the publication of the electors lists and dates connected therewith;

(b) that the date fixed by the Minister for publication of the electors lists shall be the date on or before which the county secretary or town clerk must complete and send the draft jurors list to the county registrar; and

The dates for the publication of the electors lists, etc., are set out in the First Schedule to the Electoral Act, 1923, as amended by the Electoral (Dáil Éireann and Local Authorities) Act, 1945. They are as follows:—

Complaints have been made that these dates are unsatisfactory. The dates represent the stages of what is largely an administrative process and their prescription by statute unnecessarily limits the ability to meet reasonable suggestions for improvements.

It is proposed that the Minister should be given power to fix and vary the dates by order.

The Minister would not have power to alter the qualifying date for registration (15th September) or the date for the coming into force of the register (15th April).

Section 13 of the Juries Act, 1927, provides that the county secretary or town clerk shall complete and send the draft jurors list to the county registrar on or before 24th November. This date is the same as that for the publication of the electors lists since in fact the same lists serve both purposes— jurors be indicated by the letter “J” on the electors lists. It is desirable to maintain this uniformity of dates.

13. The Joint Committee considers that the period of seven months between the qualifying date and publication of the register should be reduced. The Committee has consulted the County Registrars’ Association, who have agreed that such a reduction is possible. The Committee considers the most suitable dates within the reduced period for the purposes mentioned in this Head are:—

The Committee attaches great importance to the pattern 15th October as the qualifying date, 15th January as the last date for receipt of claims and objections and 15th April as the date of publication of the register. The qualifying date is moved forward because of serious objections to 15th September, when rate collectors, who do most of the field work, are busiest. There is no good reason for having different dates for the receipt of claims and objections and they could conveniently be taken together. Further, the publication of lists of objections to claims is an unnecessary formality, as there are, in fact, very few such objections. It should suffice to require the objector to give a written notice of objection to the revising officer and to the claimant on or before 25th January. All dates, including the qualifying date and the date of publication of the register, should be prescribed by order. Every such order should be subject to confirmation by resolution of both Houses of the Oireachtas.

Commencement of Register of Electors.

Proposal: Repeal and re-enact section 8 of the Electoral Act, 1923, as amended by section 4 of the Electoral (Dáil Éireann and Local Authorities) Act, 1945, with the additional provision that where for any reason a register has not been published on or before the 15th April, then the day certified by the registration officer to be the day on which the register was published shall be the day on which that register comes into force, with consequential amendments.

(1) that one register shall be prepared, in every year, of persons who were qualified as electors on the previous 15th September,

(2) that the register shall come into force on the following 15th day of April and remain in force for one year, and

(3) that if for any reason the registration officer fails to compile a fresh register, the register in force at the time when the fresh register should have come into force shall continue to operate.

The publication of the register must occur before, or synchronize with, its coming into force. It is important to define the day on which the register come into force and it is essential that the register should be available for inspection and purchase on every day during which it is in force. If exceptional circumstances, such as fires or strikes, prevent the registration officer from publishing the register on the normal date it should not come into force until the date on which it is published. The proposed additional provision will do this.

A consequential amendment will arise in section 12 of the Local Elections Act, 1927, as a reference is made therein to the date of coming into force of the register.

C.—CONDUCT AND COSTS OF DÁIL ELECTIONS.

Nomination of Candidates.

Proposal: Repeal and re-enact as one section subsections (1), (2) and (3) of section 19 of the Electoral Act, 1923, (as adapted by the Electoral Act, 1923, Adaptation Order, 1945) and section 5 of the Electoral (Amendment) Act, 1927, amending the latter by substituting “whenever a new register of electors for any constituency comes into force” for “whenever the date appointed by the Principal Act or this Act for the coming into force of a new register of electors occurs”.

Subsections (1), (2) and (3) of section 19 provide respectively for the nomination of candidates at Dáil elections by a proposer, seconder and eight assentors, all of whom must be registered electors, the adjournment of a contested election for a poll and the withdrawal of candidates. An adaptation consequent on the enactment of the Constitution was made by the Adaptation Order of 1945, viz., the words “dissolving Dáil Éireann” were substituted for “declaring the calling of the Oireachtas” in subsection (1). Section 5 of the Electoral (Amendment) Act, 1927, provides in effect that whenever the 15th April (the date appointed for the coming into force of a new register) occurs after the issue of the writ for a Dáil election and on or before the last day for receiving nominations, a person registered in either the old or the new register is a “registered elector” for the purpose of subscribing to a nomination paper. This provision will need amendment as proposed above because the date on which the register for a constituency will come into force under the proposal in Head 9 may be later than the 15th April.

15. Under section 19 of the Electoral Act, 1923, a person, to be nominated as a candidate at a Dáil election, requires a proposer, a seconder and eight assentors, each of whom must be a registered elector. To be nominated as a candidate at a local election a person requires only a proposer and a seconder, who must also be registered electors.

16. The requirements as to the sponsors required for nomination at Dáil elections are taken from the Ballot Act, 1872.

17. The Joint Committee considers that the conditions under which the 1872 provisions were devised no longer obtain. The requirement of ten sponsors causes unnecessary trouble and inconvenience, alike to candidates, sponsors and returning officers, without, so far as the Committee can see, any corresponding advantage. The Committee considers that the requirement that a candidate must deposit the sum of £100, which he forfeits at a contested election unless the votes credited to him at the time of his exclusion or at the final count exceed one-third of the quota, is sufficient safeguard against irresponsible nominations. The Committee recommends, that—

(i) the requirement that a candidate must be nominated by a proposer, seconder and eight assentors be repealed, and

(ii) nomination at Dáil elections should be by the candidate himself or by his election agent.

Decisions as to validity of Nomination Papers.

Proposal: Amend rule 12 of the Fifth Schedule to the Electoral Act, 1923, so as to provide that a returning officer shall decide on the validity of every nomination paper to which an objection is made and shall be entitled to hold the paper invalid only where it is not properly made out. The returning officer shall give his decision on any objection as soon as practicable after it is made. Where he determines a nomination paper to be valid, his decision shall be final and shall not be questioned in any proceedings whatsoever.

Under rules 11 and 12 of the Fifth Schedule to the Electoral Act, 1923, the returning officer or some other person may object to a nomination paper and “the returning officer shall decide on the validity of every objection made to a nomination paper, and his decision, if disallowing the objection, shall be final; and if allowing the same, shall be subject to reversal on petition questioning the election or return”. It is proposed in this Head to limit the returning officer’s jurisdiction to ruling on the question whether the nomination paper is in proper form and has been duly completed and to make his decision to accept a paper final. This is the extent to which returning officers normally exercise their powers of ruling on nomination papers as they are not in a position to determine questions touching on the qualifications or capacity of the candidates for election. Those are matters for an election court.

19. Under rule 2 of the Fifth Schedule to the Electoral Act, 1923, the returning officer is required to receive nominations on the day for nominations during two consecutive hours between 10 a.m. and 3 p.m. appointed by him (“the time for receiving nominations”). Any nomination paper delivered to the returning officer before the time for receiving nominations must be retained by him and produced during that time.

20. Under rule 7 the only persons (other than the returning officer and his assistants) entitled to attend at the ruling on nominations are the candidate and his proposer and seconder, and one other person selected by him.

21. Under rule 4, no objection to a nomination paper on the ground of the inadequacy of the description of the candidate may be allowed unless it is made by the returning officer himself, or to the returning officer by some person during the time for receiving nominations. Under rule 11, objections may be made to a nomination paper by a returning officer or some other person before the expiration of the time for receiving nominations, or within one hour afterwards.

22. These provisions are obviously designed to enable nominations to be ruled on with the maximum of formality. If, however, the Joint Committee’s recommendations in paragraph 17 are accepted, there will be no proposer, seconder or assentors to a nomination, whose bona fides would require authentication. Further, under the proposal in this Head, the returning officer’s functions will be specifically limited to ruling a nomination paper invalid only if it is not properly made out. Under the recommendation in paragraph 28 he will be required to object to a nomination paper on certain other grounds, but these are such that an immediate decision should not be difficult. The most important question, which is whether or not a candidate is properly qualified for election, would, as at present, be settled only by an election court on petition. The Committee feels that in these circumstances the limited functions of the returning officer at nominations could be discharged on the spot and, as a further step towards the rationalisation of nominations procedure, recommends that—

(i) A nomination paper should be delivered in person by the candidate himself or his election agent to the returning officer at any time between the giving of public notice of election and the last day for receiving nominations,

(ii) the returning officer should, there and then, rule on the validity of the nomination paper, and

(iii) the returning officer should be required to be available to candidates in his office on the day prior to and on the last day for receiving nominations.

New Form of Nomination Paper.

Proposal: Provide for a new form of nomination paper instead of Form 5 in Part III of the Fifth Schedule to the Electoral Act, 1923, which will set out in brief the provisions as to qualifications, disqualifications and incapacities for election (as provided in the Constitution and Part III of this Scheme) and include a declaration by the candidate that he has read these provisions and that he believes himself to be eligible for election to the Dáil.

A returning officer is not in a position to go into the question whether a candidate is eligible for election. If an ineligible person is nominated and returned as elected, the election can be upset by a court on an election petition. This is an inconvenient and not altogether certain procedure for preventing the election of ineligible persons. It is proposed in the above Head to alter the form of nomination so as to require the candidate to declare that he believes that he is eligible for election. The provision will have the effect of bringing clearly to each candidate’s attention the disqualifications for election.

The forms of nomination for election to the Seanad contain provision for a declaration by the nominator that the person nominated is qualified to be and is not disqualified from being elected a member of the Seanad. No penalty is provided for false declarations.

23. The Joint Committee considered whether a penalty should be prescribed for a false declaration by a candidate that he is eligible for election and decided that a maximum penalty of £100 and/or six months imprisonment should be prescribed. An ineligible candidate who is elected would, of course, continue to be subject to removal under the ordinary procedures.

24. This report does not contain the Joint Committee’s recommendations on the qualifications, disqualifications and incapacities for membership of the Houses of the Oireachtas, which are still to be reviewed by the Committee. It may not, therefore, be thought desirable, at this stage, to set out these provisions in the nomination paper.

25. In addition to the amendments to the form of nomination paper which the implementation of this Head will necessitate, the Joint Committee’s proposal in paragraph 17 for the abolition of proposers, seconders and assentors to nominations will make further amendments necessary.

26. Because of the probability of these amendments becoming necessary in the future the Joint Committee considers that the form of nomination paper should not be laid down by statute, and they recommend that power be taken to prescribe it by order. The Committee considers that the form is, in any event, hardly of sufficient importance to justify the express statutory recognition given to it.

Description of Candidate.

Proposal: Repeal and re-enact rule 4 of the Fifth Schedule to the Electoral Act, 1923, so as to include a provision that the returning officer shall object to the description of a candidate in a nomination paper which—

Where a returning officer so objects he shall announce his objection at the beginning of the two hours appointed for receiving nominations on the last day for receiving nominations, or in the case of a paper handed in during that period, as soon as possible after receiving it, and shall allow the candidate or his representative to amend the description at any time during that period and if the description is not so amended the returning officer immediaately after the expiration of that period shall amend or delete the description, except the candidate’s names and abode, as he thinks fit, after consultation with the candidate or his representative if either is present at that time.

It is provided in rule 4 of the Fifth Schedule to the Electoral Act, 1923, that the description of a candidate in his nomination paper shall include his names, his abode, and his rank, profession or calling. The description of a candidate in the ballot paper must agree with that given in the nomination paper. It has been the practice to refrain from indicating in nomination papers the political party to which a candidate belongs but there is at present no specific authority to object to a description which discloses the candidate’s political views. It is proposed to provide for the amending of nomination papers which disclose directly the candidate’s politics, either by the candidate or his representative (who may be the candidate’s agent, his nominator or seconder) or, failing him, by the returning officer.

A very long description is objectionable in that it draws particular attention to a candidate. It is proposed to provide for the amending of such descriptions also.

28. The Joint Committee agrees that the returning officer should be required to object to descriptions of candidates which are unnecessarily long. If the proposals in paragraph 22 are accepted the returning officer will be obliged to give his decision on the validity of a nomination paper when it is handed in. The second paragraph of this Head will require modification accordingly.

29. The Joint Committee recommends that a candidate should be entitled to enter the name of the political affiliation which he represents, in the nomination paper and the ballot paper and that a candidate may use the expression “Independent” without further formality. The Committee is reviewing the question and will submit an early recommendation on its implementation.*

Ballot Papers.

Proposal: Prescribe a new form of ballot paper for Dáil elections which shall be common to general elections and bye-elections and shall set out the headings in both Irish and English: repeal forms Nos. 6 and 7 in Part III and amend rule 20 of the Fifth Schedule to the Electoral Act, 1923, as amended by section 6 of the Electoral (Amendment) Act, 1927.

This Head proposes a change in the form of the ballot paper to ensure that the headings will be bilingual. Returning officers have refused to print a ballot paper bilingually on the grounds that no such form of ballot paper is prescribed for Dáil elections. In the Presidential Elections Act, 1937, the form of ballot paper has the headings in both official languages. It is intended also to alter the examples so as to show how Irish and English names should be included in one alphabetical list. (The candidate’s name, address and description must be given in the ballot paper in the same form and language as those used in his nomination paper). A special form was prescribed in the Electoral Act, 1923, for a ballot paper containing only two names. This is unnecessary and is being repealed.

30. The Joint Committee recommends this proposal. The Committee suggests the use of Roman script for the Irish headings in the proposed ballot paper and the omission of the headings— “Ainmneacha na n-Iarrathóri” and “Names of Candidates”.

Forms at Elections.

Proposal: To amend the notice at the foot of the Form of Notice of Dáil Election (No. 4 in Part III of the Fifth Schedule to the Electoral Act, 1923) by substituting “penalties provided by law” for “penalties mentioned in that behalf in ‘The Corrupt Practices Prevention Act, 1854’ and the Acts amending that Act, as adapted by or under the Electoral Act, 1923.”

The notice in question is a warning that persons convicted of corrupt practices at the election will be liable to penalties. The notice should now cite the Prevention of Electoral Abuses Act, 1923, but to allow for future changes, it is proposed not to cite any particular Act but to say simply that persons on conviction of these offences will be liable to the “penalties provided by law.”

31. The Joint Committee has already referred, in paragraph 26, to the desirability of having the nomination paper at Dáil elections prescribed by order rather than by statute. There are a number of other forms in the Fifth Schedule to the Electoral Act, 1923, to which the same considerations apply. These are—

The fact that these forms are prescribed by statute makes it necessary to introduce legislation to change them, even in such minor respects as that proposed in this Head for Form 4. The forms are not of such importance as to render this formality desirable and the Committee considers that these forms should, as is recommended for nomination papers, be prescribed by order and should be simplified as far as possible. The form of writ and the form of the ballot paper should, however, continue to be laid down by statute.

32. Whether or not the forms are prescribed by order, Form 4 will require further amendment if the proposal in paragraph 17 to eliminate proposers, seconders and assentors at nominations is accepted.

33. The Joint Committee understands that at local elections separate sets of the forms, etc., for each polling station are available. The returning officer needs only to order the appropriate number of parcels and distribute them to the polling stations. At a Dáil election the returning officer requisitions supplies of each item separately and must himself arrange to make up the individual parcels. This is an added and unnecessary burden during the rush and bustle of election time and the Committee suggests that the Stationery Office should adopt for Dáil elections the practice now in use for local elections.

D.—EXPENSES FALLING ON CANDIDATES AT DÁIL ELECTIONS.

Limits on Employment and Expenses.

34. The expenses which a candidate may incur and the number of persons he may employ at a Dáil election are limited under section 8 and the First Schedule of the Prevention of Electoral Abuses Act, 1923, as follows:—

(a) one sub-agent to act within each polling district,

(b) one clerk and one messenger for the central committee room, for each 5,000 or part of 5,000 electors, and

(c) one clerk and one messenger for each polling district, or where the number of electors in a polling district exceeds 500, one clerk and one messenger for each 500 or part of 500.

(iv) in a borough constituency—one clerk and one messenger for each 500 or part of 500 electors.

(i) personal expenses (any expenses exceeding £100 must be paid by the candidate’s election agent),

(ii) expenses of printing, of advertising and of publishing, issuing and distributing addresses and notices,

(v) in a county constituency, the expenses of a central committee room and, in addition, of one committee room for each polling district, and where the number of electors in a polling district exceeds 500, one additional committee room may be hired for every complete 500 electors in the district above the first 500.

(vi) in a borough constituency, the expenses of one committee room for every complete 500 or part of 500 electors,

(vii) expenses on miscellaneous matters other than those mentioned at (I) and in this sub-paragraph, so long as they are not incurred on any matter constituting an offence.

35. The expenses incurred for these purposes may not exceed, in a county election, 5d. for each elector, and in a borough election, 4d. for each elector. The fee to the election agent (up to £75 for a county election and up to £50 for a borough election) and the personal expenses of the candidate, up to £100, are not reckoned for the purposes of this limit.

36. There is provision in section 48 of the Corrupt and Illegal Practices Prevention Act, 1883, for the allowance of extra expenses for conveying voters by sea to a polling place.

37. There is provision in Part IV of the First Schedule to the 1923 Act that where there are joint candidates at an election the maximum amount of the expenses for each of the joint candidates is the amount produced by multiplying a single candidate’s maximum by one and one half and dividing the result by the number of joint candidates.

Payments by Election Agent.

38. Under section 33 of the 1923 Act, no payment, advance or deposit unless specially permitted by the Act, may be made by a candidate at a Dáil election for any expenses incurred “on account of or in respect of the conduct or management of such elections” otherwise than by or through his election agent, who is appointed on or before the last day for receiving nominations.

Time for transmission of Returns.

39. Within 35 days after the day on which a candidate is declared elected, his election agent is required, under section 38 of the 1923 Act, to transmit to the returning officer a return of expenses in the prescribed form. This must be accompanied by a declaration made by the election agent before a district justice or a peace commissioner in the prescribed form. These forms are prescribed in an order made by the Minister for Local Government on 13th September, 1923, and have not since been modified. If the returns are not transmitted before the expiration of the period of 35 days the candidate may not sit or vote in the Dáil until the return is transmitted or an excuse for non-transmission is allowed, under section 39, by the High Court or an election court.

Public Inspection of Returns.

40. Under section 40 of the 1923 Act the returning officer is required to publish in two newspapers, within 10 days of the receipt of the return, a notice of the time and place at which the return and declarations may be inspected. These returns and declarations must be kept by the returning officer for two years and may be inspected at a fee of 1s. Copies must be furnished on demand at 2d. for every 72 words.

Assumptions on which Limitations are based.

41. The assumptions on which the law limiting the expenses of a candidate at a Dáil election are based appear to be that—

The law makes no attempt to limit expenses incurred by political parties at a national level or by organisations affiliated to those parties nor does there appear to be any limit on pre-campaign expenses.

Recommendation.

42. The idea of limiting the expenses which a candidate may incur at a parliamentary election originated in the 19th century. The assumptions on which the limitations are based are not now valid. With the spread of literacy and the mass media of communication it is no longer true to say that an election is a series of isolated constituency campaigns nor are the fortunes of any party determined, to the extent that the limitations on expenditure imply, in the few weeks before polling day when the limitations come into force. In most countries abroad where the limitations apply they are, so far as the Committee can ascertain, more or less ineffective. In some countries, notably Denmark, Holland and Sweden, no limitations apply. The voting system in those countries is different from that here but this does not invalidate the arguments that the limits here are obsolete and useless. It is noteworthy that the comparatively modern Presidential Elections Acts do not contain any limit on employment or expenditure. The Joint Committee recommends the abolition of these limits and the consequential repeals.

E.—SUGGESTIONS FOR ADMINISTRATIVE ACTION.

Registration of Electors.

43. The Joint Committee recommends that the following matters, all of which relate to the registration of electors, should be dealt with by administrative action:—

(i) Registration officers should be asked to notify members of the Dáil and of each local authority of the time and place at which revision courts for hearing claims and objections in registration matters affecting their constituency or electoral area are held and to send them a copy of the list of objections and of claims to be heard.

(ii) A supply of claim forms should be attached to each set of electors lists sent to each Dáil and local authority member where this is not already done. The notice regarding the manner of making claims and objections should draw attention to the forms and state that if difficulty is experienced in completing them a simple note should be sent to the registration officer (whose address should be given) claiming to be registered. All formal notices should be simplified to the greatest possible extent.

(iii) Each registration officer should see that no old lists remain on display in post offices, etc, in his area when current lists only should be up for inspection.

(iv) The Department of Local Government should arrange for the supply to each registration officer of a standard simply-worded notice for prominent display at places (including telephone kiosks in post offices) where the electors lists are available for public inspection, drawing attention to the fact that the electors lists are on display, and also seek the co-operation of the Minister for Posts and Telegraphs in securing publicity in premises under his control.

(v) The radio publicity arranged by the Department of Local Government should, in addition to being broadcast at the existing times, be broadcast also, if possible, at peak listening times, especially late on Sunday nights. While the lists are available for inspection short announcements asking persons to inspect the lists should be made at least once a week.

(vi) The claim forms prescribed by the Electoral Order, 1946, (Forms E.A.7 and E.A.8) should be simplified and so drafted that they can be sent to the registration officers post free. The form of Claim by One Person On Behalf of Another (E.A.8) should be so drafted that the one form can be used to make claims on behalf of a number of persons. The possibility of amalgamating the forms should be considered.

(vii) So as to encourage accuracy in the registration work, the differential in the fee paid to rate collectors under the Registration Expenses Scale, 1952, “where the registration officer is satisfied that the manner in which the person has carried out his duties justifies it” should be increased from its present level of 4d. for urban rate collectors and 5d. for rural rate collectors.

(viii) The attention of registration officers should be specially drawn to the need to check the electors lists and the register at proofing stage.

(x) A bound copy of the register should be supplied to any person who gives notice to the registration officer that he requires it and pays the extra cost of binding.

(xi) The parts of the register making up one polling district should be pinned or clipped together if those parts are not comprised in the one registration unit.

**SECOND INTERIM REPORT**

CONTENTS

**SECOND INTERIM REPORT**

A.—PRELIMINARY.

Early implementation of certain proposals.

Consolidation.

B.—FRANCHISE AND REGISTRATION OF ELECTORS FOR DÁIL AND LOCAL ELECTIONS.

Procedures for registration of electors.

Form of electors lists.

Registration of Electors.

Repeal of certain provisions regarding Registration and Voting.

Prescribing dates for publication of Electors Lists and other dates connected therewith.

Commencement of Register of Electors.

C.—CONDUCT AND COSTS OF DÁIL ELECTIONS.

Nomination of Candidates.

Decisions as to validity of Nomination Papers.

New Form of Nomination Paper.

Description of Candidate.

Ballot Papers.

Forms at Elections.

D.—EXPENSES FALLING ON CANDIDATES AT DÁIL ELECTIONS.

Limits on Employment and Expenses.

Payments by Election Agent.

Time for transmission of Returns.

Public Inspection of Returns.

Assumptions on which Limitations are based.

Recommendation.

E.—SUGGESTIONS FOR ADMINISTRATIVE ACTION.

Registration of Electors.