COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, March 11, 2019
QUESTION NO. 5
QUESTION: Councillor D. Looney
To ask the Chief Executive if he will consider a public meeting poster protocol similar to that in use in Dublin City Council, thereby guaranteeing the right of all to freedom of political expression while restricting the cynical self-promotion of election candidates who abuse our current regulations for their own gain rather than genuine political or public meetings.
REPLY:
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 1961
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 day which ever provides the shorter period of time
Posters 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
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 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.
There appears to be a recent escalation in the promotion of public meetings, and posters which are erected in contravention to Section 19(7) as referred to above will attract Fixed Penalty Notices.
Members are advised to assist the Council in identifying breaches of the law in relation to this activity in order that the appropriate action is taken.