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Sinnott -v- The Minister for The Environment [2017] IEHC 214 (30 March 2017)
19. As the events and submissions emerged I see no injustice or prejudice arising for the defendants in
granting leave to deliver the Amended Statement of Claim exhibited to the grounding affidavit of the
plaintiff sworn on 30th January, 2017. Moreover, it is indeed good housekeeping and allows the Court to
focus on the issues now in controversy between the parties.
NCBI
20. The NCBI is a registered charity which provides support to VIPs irrespective of age or degree of
vision loss. It is funded through public donations and by the Health Service Executive.
21. Ms. Fionnuala Murphy who has qualifications in journalism and public relations joined the NCBI in
2006. She explained the work of the NCBI on the accessibility of voting for people with sight loss since
that time. The following chronological summary from 2006 to 2010 indicates an increasing awareness
about the issues aired by the plaintiff in these proceedings;July, 2006 - NCBI sent a paper entitled “Accessible Voting For All” (“AVP”) to the then
defendant Minister who was implementing the government’s decision to use electronic voting
machines. The AVP recommended a tactile voting device (“TVD”) or more specifically a
tactile ballot template as a cost effective and feasible option for VIPs to choose.
November, 2009 - Following the abandonment of electronic voting, the NCBI discussed its
revised AVP with the franchise section which led to a response that its sectoral plan under
the Disability Act 2005 included an objective to provide accessible voting information. The
franchise section indicated a commitment to conducting its own research.
May, 2010 - NCBI furnished a report to an Oireachtas Joint Committee which recommended
training for polling clerks, the retention of the right for a VIP to use a trusted companion to
assist at voting and the development of TVDs.
December, 2010 - Mr. Falvey of the franchise section in an email (which was disclosed for
these proceedings) noted in the context of the proposed TVD that any review of electoral
practice requires “an appropriate balance [to be] maintained between accessibility and the
secrecy and integrity of the ballot and that any new arrangements introduced would be
workable”.
The Franchise Section
22. Mr. Falvey, who is an assistant principal, joined the franchise section in October, 2010. He gave
evidence that the disability sectoral plan which was updated for 2010 to 2012 included a commitment to
look at legislative, logistical and financial implications of independent voting. In the disability sectoral
plan for 2013 to 2015, the commitment extended to enhancing access to voting for people with visual or
intellectual disability.
National Disability Authority
23. The National Disability Authority (“NDA”) has as its principal statutory function the provision of
advice to the Minister for Justice and Equality. In August, 2012 it sent a discussion paper on accessible
voting to the defendant Minister’s department which led to an agreement to trial the use of templates at
a referendum and to consider a simulated exercise for e general election. However, the referendum
concerning children in November, 2012 and subsequent referenda did not allow for the use of TVDs.
Pakflatt Ltd
24. Following the announcement of a public competition by the Home Office of the United Kingdom in
1999 to develop a device for a blind person to mark a ballot paper independently and in private, Mr.
Patrick McGonagle (chartered engineer) and the team in Pakflatt (UK) Limited invented, developed and
provided TVDs. The multi-disciplinary team of Pakflatt have developed the TVD concept to an impressive
extent since the very first use of TVDs at the general election in the United Kingdom on 7th June, 2001.
25. Mr. McGonagle explained how TVDs have been used in the following types of elections:(i) UK parliamentary elections - first past the post;
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