COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE 2

Tuesday, October 10, 2006

MOTION No. 9

MOTION: Councillor T.McDermott

CATHAOIRLEACH'S BUSINESS

 "That the meeting discuss, with detailed guidance from the Manager, the practicalities and implications of disallowing the displaying of political posters during election times in the Butterfield area."  

REPORT:

Political Posters are generally allowed to be displayed in relation to an imminent election, subject to the requirements of the litter legislation.  Section 19 of the Litter Pollution Act 1997 which deals with advertisements, signs and defacement of property in effect renders such election posters legal, within certain terms as set down by sub-section 7(b)(ii) of that Section of the Act.  In these circumstances it does not appear open to a Local Authority to declare such signs and posters illegal.  Section 19, as amended by the Protection of the Environment Act 2003, states as follows –

Section 19 (7) (b) (ii) A prosecution shall not be brought in a case in which an offence under this section is alleged to have been committed in relation to an advertisement if the advertisement relates to a presidential election within the meaning of the Presidential Elections Act, 1993, a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1992, a local election within the meaning of the Local Government Act, 1994, a referendum, within the meaning of the Referendum Act, 1994, an election of representatives to the European Parliament under the European Parliament Elections Act 1997, or an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act 1979 unless the advertisement has been in position for 7 days or longer after the day specified in the advertisement for the meeting or the latest day upon which the poll was taken for the election, bye-election or referendum concerned.