COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF TALLAGHT AREA COMMITTEE

Tuesday, March 29, 2016

QUESTION NO.18

QUESTION: Councillor M. Duff

"To ask the Chief Executive to make a report regarding the removal of General Election posters in the Tallaght area in respect of compliance with the Electoral (Amendment) (No.2) Act 2009 and to comment on other posters of a political nature that are still erected in the Tallaght area that contravene the Litter Pollution Act 1997, and to outline what action he intends to take to have them removed?"

REPLY:

The subject of election posters and posters advertising public meetings, has been the subject of much discussion and debate in recent times.

Election posters are governed by a suite of relevant legislation including:

Section 19 of the Litter Pollution Act 1997, as amended, and Section 9 of the Electoral (Amendment) (No. 2) Act 2009 require that all posters/advertisements relating to an election may only be erected for a certain specified time period before an election, and are removed within 7 days of date of polling day. 

In an effort to address the matter and to stem any ambiguity, a number of communications issued to public representatives/ potential general election candidates and political parties, some as far back as November 2015, which clarified the position in relation to election posters and the erection of posters for the holding of public meetings, which in themselves had been the subject of complaints to the Council at the time.

In addition, being cognisant of past experiences, one letter outlined a communications procedure which should be used where public representatives/political parties found that their posters had been removed by others, with the possible intention of vexatiously re-erecting the posters.

An email was issued to all candidates/political parties/Councillors in the days following the General Election 2016 Polling Day, explaining the provisions of the relevant legislation and outlining the requirement to have all posters/advertisements relating to the election removed within 7 days of date of polling day and no later than 12 midnight on Friday, 4th March 2016.  It also advised that Fixed Penalty Notices would be issued, pursuant to Section 28 of the Litter Pollution Act 1997, as amended, where candidates/political parties failed to comply with this requirement. The emails also made reference to the procedure outlined in letter issued in November 2015 which requested all candidates/political parties to keep records of all posters erected including location, date and time of removal. 

A further email issued on 4th March 2016 acknowledging difficulties posed by inclement weather conditions which prevailed in the days immediately after the election, but reminding all that the Warden Service would be noting the location and details of any posters found on display as and from start of business on Monday 7th March 2016. The email also made reference to the procedure to be followed where posters were found to have been removed by ANO and advised that election posters and cable ties could be disposed of, free of charge, at the Council’s Civic Amenity Centre.

Twenty six (26) statutory Notices have been issued, pursuant to section 9 of the Litter Pollution Act 1997, as amended, requiring the removal of election posters since Monday 7th March 2016.