MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 11, 2016

QUESTION NO.13

QUESTION: Councillor F. Timmons

To ask for a report into how many fines where issues for erecting posters before election was called and why the said posters were not all removed.

REPLY

Election (and Referendum) posters are governed by a suite of relevant legislation as follows:

  • Litter Pollution Act 1997, as amended by the Electoral (Amendment) (No. 2) Act 2009.
  • Protection of the Environment Act 2003
  • Planning & Development Regulations 2001-2013
  • European Parliament Elections Act 1997
  • Local Elections Regulations 1995
  • Referendum Act 1994
  • Electoral Act 1992
  • Road Traffic Act 1961

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 may only be erected for a certain specified time period before an election, and are removed within 7 days of date of polling day.

Early on 2nd February 2016, the Council was advised that election posters had been erected for a small number of candidates (prior to the making of the General Election Polling Day Order). The candidates in question contacted the Council on that day to advise that an error had been made, and gave assurances that efforts were underway to have the posters removed as quickly as possible.

It was noted that the vast majority of those posters were removed on that day and no fines were issued.