Wexford People

HighCourt winhighly significan­t

CHALLENGE TO STATE OVER SECRET BALLOT RIGHTS FOR VISUALLY-IMPAIRED PEOPLE

- By DAVID TUCKER

A VISUALLY-IMPAIRED Wexford man who won a landmark High Court court action over his right to a secret ballot says it’s the most signficant voting case in the history of the State.

Robert Sinnott, a father of two from Sigginstow­n, Tacumshane, a member of the Blind Legal Alliance, told the court that the State had failed to provide a method enabling those with sight difficulti­es to vote by secret ballot and he had to ask polling station presiding officers in order to vote.

The court agreed withi his contention and said the Minister should outline plans to allow people to mark ballots without assistance

‘ This is the most significan­t voting case in the history of the state and it’s symbolical­ly important for the five per cent of the population who are blind or visually impaired and we’re delighted to have such a basic human right within reach at least,’ Mr Sinnott told this newspaper.

The National Council for the Blind said the ruling was very important.

‘We’ve had voting in the State since its foundation, so it’s in the 20s, and for that whole length of time we’ve had no access to equal rights for people for sight loss to vote,’ said CEO of the NCBI, Chris White.

‘We rely on the “trusted friend method” in Ireland, where other European countries have technology which allows people to vote in private and fully participat­e in the democracy which people value so much.”

Mr Sinnott had taken proceeding­s against the Minister for the Environmen­t and the State. He was supported by the Free Legal Advice Centres.

In his judgment, Mr Justice Tony O’Connor said Mr Sinnott has ‘an inspiring desire to learn and to participat­e’.

He shared Mr Sinnott’s concerns about the Department of the Environmen­t’s delay over years in introducin­g the relevant tactile voting systems, and about the lack of informatio­n made publicly available about them.

The evidence was that the cost of providing templates for referendum­s was estimated at about €42,000, ‘quite insignific­ant compared to the multi-million euro budget for a referendum’. The cost would be higher in general elections.

The judge shared Mr Sinnott’s concerns that the Minister did not afford sufficient or reasonable recognitio­n of the duty imposed on him by the Oireachtas and the Constituti­on to assure a secret ballot as soon as reasonably practicabl­e, the Irish Times reports.

He said the court could not ignore delays over years until 2016, after Mr Sinnott had taken his case, in introducin­g regulation­s allowing for the use of templates to assist visually impaired persons when voting in referendum­s.

He said the Minister acted in 2016 on his 20-year-old power to introduce regulation­s allowing for use of templates in referendum­s. The introducti­on of those underscore­d the acceptance that tactile voting devices ‘could have been made available for multiple referenda since 2009’.

The judge empathised with Mr Sinnott’s complaint about the lack of informatio­n emanating from the Department relating to the actual steps taken, or to be taken, to emulate the use of voting devices available in Northern Ireland.

Mr Sinnott, the judge held, was entitled to a declaratio­n the State has a duty to provide arrangemen­ts allowing visually impaired persons to vote privately and without assistance in elections and referendum­s, where that is reasonably practicabl­e and economical­ly effective.

He said the court could not require the Minister to adopt any particular arrangemen­t but could make a declaratio­n to guide the Minister about the relevant provisions of the Electoral Act 1992.

He was prepared to declare that the Minister has a duty to outline - in public - details of planned studies and regulation­s for the provision of arrangemen­ts to facilitate visually impaired voters to mark their ballot papers without assistance, as envisaged by the 1992 Act.

Mr Sinnott, who was born with severe visual impairment, expects to be unable to see at all within four years.

With assistance of an educationa­l support worker, a specially-developed computer software package and a strong visual magnifier, he is pursuing a PhD in Irish at Trinity College, having previously obtained other degrees.

Mr Sinnott claimed he must ask the polling station presiding officer to complete his ballot paper, which effectivel­y means he is being deprived of his right to a secret ballot.

Mr Justice O’Connor ruled Mr Sinnott was entitled to the two declaratio­ns concerning the State’s duty, but there was no need to award damages because Mr Sinnott’s main grievance had been addressed.

 ??  ?? Richard Sinnott, from Sigginstow­n, Tacumshane.
Richard Sinnott, from Sigginstow­n, Tacumshane.

Newspapers in English

Newspapers from Ireland