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Public Consultation on the Control of Postering for Elections and Referenda (Closed 15 September 2008)

The Department of the Environment, Heritage and Local Government invites comments from interested parties on the Control of Postering for Elections and Referenda.

Election and referendum posters are currently exempt from the provisions of the Litter Pollution Acts until 7 days after polling.  The Minister is conscious that there is significant public concern about the scale and nature of postering that arises on foot of this exemption.  Issues that arise include the use of unsuitable locations, obstructing sight lines for road users, excessive repetition and the failure to remove posters (and, in particular, plastic ties) after polling.
 
Any proposals to address the issue would have to respect the need for equal treatment of voters and candidates. 
 

Possible amendments to legislation

One possible approach would be to confine the exemption from the requirements of the Litter Acts to circumstances where local authorities make provision - probably through bye-laws - governing the erection of election and referendum posters.  This would allow local authorities to develop requirements appropriate to local circumstances.  It can be argued, for example, that different systems of postering may be appropriate to urban as opposed to rural areas However, this could result in differing requirements within a constituency within which the functional area of more than one local authority is located i.e. some Dáil, and all European, constituencies.
 
An alternative approach would be to amend the Litter Pollution Acts to specify rules under which candidates/parties can engage in poster advertising.  This would have the advantage of uniform national requirements ensuring consistency for all parties and candidates, but would remove the flexibility to adapt to local circumstances. 
 
A combination of these approaches may also be possible; this would enable local authorities to take some account of local circumstances but within a national code that sets minimum requirements in relation to election/referenda posters.
 
Possible scope of measures
 
The following are examples of possible measures that could be included in any new system:
 
• Limiting posters to designated billboards or temporary hoardings
 
• Limiting the number of posters per candidate
 
• A code of practice on issues such as maximum poster size, bio-degradability of materials and poster ties.
 
Invitation to comment
 
All persons and organisations are invited to submit their views on the control of election/referendum postering.  Comments need not be limited to the options set out above, which are intended to be indicative only.
Comments should be submitted by email or by post to the addresses listed below.  Comments received may be discoverable under Freedom of Informations Acts or under the 2007 regulation on Access to Information on the Environment.

By email: electionposters@environ.ie

By post: Environment Policy Section,
Department of the Environment, Heritage and Local Government,
Ardcavan Business Park,
Ardcavan,
Wexford

Closed 15 September 2008.

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