6/10/2020 Sinnott -v- The Minister for The Environment [2017] IEHC 214 (30 March 2017) preparation of an audio file listing the names and political party (if any) of each candidate which can be accessed by headphones in the polling booth used by the VIP instead of having to rely on a polling clerk. 32. Having regard to Mr. McGonagle’s evidence particularly, I conclude that the problems in producing TVDs and associated technology which might be caused by long lists of candidates for the PR STV system used for our elections could be overcome with the ingenuity and experience demonstrated by Mr. McGonagle and Mr. Falvey. In addition, I am satisfied from the evidence that the PR STV system used in the Assembly elections in Northern Ireland has not been an insuperable obstacle. In short, the costs and willingness of the defendant Minister to introduce regulations for General elections and the European Parliament like the 2016 regulations remain the factors to be identified. National Disability Authority Trials 33. In June, 2014 twenty six adults (seventeen of which had complete sight loss) participated in tests organised by the NDA. The NDA report published in January, 2015 described the phone, TVD and computer methods of voting which the group used to exercise votes in a fictitious but realistic election. Although appearing terse and without giving due acknowledgment to the in depth trials with consequential analysis, this Court cannot decide whether the plaintiff should be offered one of the tried methods to increase his opportunity to vote independently and in secret. The most that this Court can do in this context is to assess whether the defendant Minister is obliged by law to fulfil a duty in respect of which there is proof on the balance of probabilities of past or existing dereliction. Priorities 34. The fourteen page chronological summary from 2006 to June 2016 (which referenced the core book of documents relied upon by the parties at trial) produced on day five of the trial, supports my conclusion that the 2009 commitment to research by the defendant Minister’s department and the later assurance for referenda and legislative change did indeed slip down the list of priorities for the franchise section and more particularly for the defendant Minister. Other priorities 35. Mr. Falvey explained that the franchise section had the following “headline work items” for 2011:February 2011 - general election June 2011 - introduction of Electoral (Amendments) Bill 2011 for the reduction of the number of TDs, mandatory by-elections within six months and reimbursement of expenses for the election of President. July, 2011 - Establishment of the constituency commission which required service for eleven months. November, 2011 - election for President with two referenda. December, 2011 - Electoral (amendments) political funding bill was initiated. 36. Similar commitments arose in the years 2012 to 2015, culminating with the general election in February, 2016 and the initiation of the Electoral (Amendment) No. 2 Bill together with provision for the Citizens’ Assembly in July, 2016. 37. Mr. Falvey disclosed in evidence that a proposal had been made in June, 2016 to the Department of Public Expenditure and Reform for the provision of a TVD option in referenda having sought legal advice on such a proposal in or about March, 2016. The cost of such a proposal was in the region of €42,000 which was quite insignificant compared to the multi-million euro budget for a referendum. International Developments 38. Professor Gerard Quinn of the Centre for Disability Law and Policy in NUI Galway prepared a detailed report at the request of the plaintiff which was admitted as evidence of the international policy and practice in the area. The report drew attention to the concerns of the European Commission expressed in 2014 about the obstacles facing citizens in exercising their electoral rights effectively. He also referenced Recommendation CM/Rec (2011)14 of the Committee of Ministers which is meant “to be taken seriously” by the member states of the Council of Europe in the framing of their laws and policies and for the purpose of highlighting problems affecting the secrecy of the ballot for those with a disability. Prof. Quinn www.bailii.org/ie/cases/IEHC/2017/H214.html 6/15