COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 08, 2024

MOTION NO.1

MOTION: Councillor F. Timmons

That this council lead by example and introduce designated poster area zones in each LEA in consultation with Tidy Towns groups ( either billboard type or electronic screen type ) to eliminate the use of one use cable ties and poster waste.

REPORT:

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

  1. Litter Pollution Act 1997, amended by the Electoral (Amendment) (No. 2) Act 2009
  2. Protection of the Environment Act 2003
  3. Planning and Development Regulations 2001-2013
  4. European Parliament Elections Act 1997
  5. Local Elections Regulations 1995
  6. Referendum Act 1994
  7. Electoral Act 1992
  8. Road Traffic Act 1961

Posters for elections can be displayed either

  1. A) 30 days before the poll day or
  2. B) From the date the Minister makes the polling order appointing the polling ……….whichever 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.

Reforming the way election candidates reach the public may require political will and legislative change. National legislation permits election posters and does not (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.

A working group of a 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. Notwithstanding the above there is currently no legislative provision to enforce a voluntary code, and it was only relative to Local Elections, thereby not applying to other elections and Referenda which were held at that time. 

The matter was further considered by the Environment SPC in 2016 when desktop research was carried out on best practice internationally as part of the work of the subcommittee established to look at options/recommendations.

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. 

Any meaningful change will require legislative change and ministerial direction. The members, if agreed, can refer the matter to the incoming Environment SPC for further examination.