COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF ENVIRONMENT, PUBLIC REALM AND CLIMATE CHANGE SPC

Tuesday, November 06, 2018

HEADED ITEM NO.

 

Item submitted from Clondalkin ACM - Election Postering

REPORT:

The following item was considered by the Clondalkin Area Committee Members at the October Area Committee Meeting

"That this committee, in support of Clondalkin Tidy Towns, asks that the issue of political and event postering is referred to the Environment SPC and that all elected Councillors will lead by example and not clutter our area with posters advertising meeting or events all year round,  but will look at more environmentally friendly ways such as social media, and that South Dublin County Council would look at designating certain areas for public posters in the lead up to the local elections in 2019 via the SPC and bring a report back on same."

The following report by the Chief Executive which had been circulated, was READ:

Election / Referendum / Public Meeting posters are governed by a suite of relevant legislation including:

• Litter Pollution Act, as  amended by the Electoral (Amendment) No 2 Act 2009
• Protection of the Environment Act 2003
• Planning and Development Regulations 2001 - 2013
• European Parliament Elections Act 1997
• Local Elections Regulations 1995
• Referendum Act 1994
• Electoral Act 1992
• Road Traffic Act 1961Posters for referendum can be displayed from the date on which the Minister makes the polling day order appointing the day on which the referendum shall be held Posters for public meetings can be displayed in accordance with Section 19(7) of the Litter Pollution Act which provides that an advertisement advising of a public meeting can be in place for up to 30 days before and within 7 days after a public meeting.National legislation permits election posters and does not per se (subject to road safety) put restrictions on where they should be erected, but rather when they can be erected and when they should be removed.The matter was further considered by the EPR&CC SPC in 2016 when significant data from other countries was collated as part of the work of the subcommittee established to look at options.If the motion is passed the Environment, Public Realm and Climate Change SPC may further discuss and research options. However as outlined already any meaningful change will require legislative change and Ministerial direction, and it is unlikely that the Council or this Committee would be in a position to impose significant change in this regulated area.
• It was noted from that study that many European countries apply different mechanisms to facilitate communication between election candidates and voters.  Some place limits on the number of posters and where they may be placed, restricting them, for instance, to designated municipal hoardings. It is also known that in some countries candidates get an equal amount of posters and can post in designated areas only. 
• A working group of the former Environment SPC previously developed a voluntary code of practice to which election candidates in Local Elections in Lucan, Clondalkin and Palmerstown agreed not to erect posters in those villages at the request of the local Tidy Towns groups. However there is currently no legislative provision to enforce this voluntary code, and it was only relative to Local Elections, thereby not applying to other elections and Referenda which were held.  (European Elections will also be held next Summer).
• Reforming the way election candidates reach the public may require political will and legislative change.
• 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 / referendum must be removed within 7 days of date of polling day.
• Posters for elections can be displayed either  A) 30 days before the poll day or B) From the date the Minister makes the polling order appointing the polling ……….which ever provides the shorter period of time

It was AGREED that a further report would be brought to the next SPC.