I have made the following submission to the Electoral Commission:

research@electoralcommission.ie

A chairde,

I write as an elected councillor for the Howth/ Malahide ward who has run in many elections since 1991.

I’m sending this by email as my submission doesn’t fall into the questions set on the online form. It is in two parts:

* a discussion of the fact that community resistance is already restricting election postering in a significant way and that unrestricted postering does not exist in practice; and

* a copy of a motion agreed by Fingal County Council, indicating our willingness in principle to participate in a process of establishing designated areas for the display of posters in a manner similar to that envisaged in the Regulation of Display of Electoral and Polling Posters and Other Advertisements Bill 2022, whether as part of a nationwide approach or as a pilot.

Community resistance to unrestricted postering

The Research Programme under which this work is being carried out contains a reference to an interesting RTÉ Brainstorm article. https://www.rte.ie/brainstorm/2020/0218/1116223-election-posters-ban-voter-turnout/  

This article refers to research which suggests that there is a correlation between grassroots poster bans organised by local community interests and reduced turnout. Unfortunately the article doesn’t link to the research itself, which would be essential for evaluating its robustness in terms of both controlling for other factors and the statistical significance of the correlation found.

However, the fact that grassroots poster bans are sufficient for researchers to do such research highlights an essential issue which the Electoral Commission must consider. There is a strong and growing tendency for communities to enforce poster bans. This is important for the Electoral Commission’s research in two respects:

a)     it shows the breadth and depth of public disapproval of the current postering regime, and

b)     it highlights that in a substantial and growing number of areas, the current lack of regulation is leading to absolute bans promoted and socially enforced by grassroots organisations.  If the Electoral Commission is of the view that posters are important factors for public recognition of the election and of the candidates, it needs to recognise that the current situation is leading to a highly uneven and probably unfair distribution of postering.

In considering the impact of grassroots poster bans, the Electoral Commission may wish to establish their extent. I haven’t found any information on the extent of poster bans in the 2024 elections. I note this report that such bans were in place in 150 towns in the 2019 local election. https://greennews.ie/election-poster-ban-150-towns/

My anecdotal evidence is that in Dublin Bay North, we had a substantial new additional poster-free area, along the entire Clontarf seafront, organised by grassroots campaigners in the 2024 General Election. The Electoral Commission and the research it commissions must recognise the strength of public sentiment and the willingness of communities to organise against postering.

Even if it was desired, it would not be possible, or probably even legal, to interfere with grassroots organising against postering. Therefore the reality is that we do not have a threeway choice between

a)     unrestricted postering,

b)     restricted postering, and

c)     an absolute ban.

We have a choice between

a)     restricted postering in an ad hoc, uneven (and probably unfair) manner based on grassroots campaigns,

b)     restricted postering under a fair and transparent legal regime, and

c)     an absolute ban.

Fingal County Council’s support for a system of designated areas for the display of posters

Fingal County Council adopted the following resolution, which I proposed, in December 2023:

“That this Council, in line with our commitments to reducing resource use, environmental impact and litter, and noting:

a)      the commitment in the Programme for Government to task the Electoral Commission which reads

‘We will…task the new Electoral Commission to examine the issue of the use of posters at elections and referendums within 12 months of its establishment and consult on placing limitations on the number of posters that can be used or fixing certain locations for their use, the Government will legislate for its recommendations in advance of the 2024 Local Elections.’; and

b)     the discussion in Seanad Éireann on the Regulation of Display of Electoral and Polling Posters and Other Advertisements Bill 2022, in May 2022 when the Seanad agreed that the Bill be read a second time on 30th June 2023,

write to the Minister for Housing Planning and Local Government and the Minister of State for Heritage and Electoral Reform to express this Council’s willingness in principle to participate in a process of establishing designated areas for the display of posters in a manner similar to that envisaged in the Bill which is in line with common practice in many other European countries, whether as part of a nationwide approach or as a pilot.”

Conclusion

I urge the Commission to set about devising a fair and transparent system for restricted postering.

Thank you for considering the above observations.

Best regards,

Cllr. David Healy