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The Lord Morrow of Clogher Valley MLA

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The Lord Morrow of Clogher Valley MLA The Lord Morrow of Clogher Valley MLA Legal Counsel The Electoral Commission 3 Burnhill Row London EC1Y 8YZ 10th March 2015 Dear Sir/Madam In line with the Electoral Commission’s policy, this is notification to appeal the decision of the Chief Electoral Officer for Northern Ireland to close Moygashel Polling Station, in the constituency of Fermanagh-South Tyrone. This decision will undoubtedly result in fewer people voting at a time when the electorate are being urged to use their franchise. It also demonstrates differential treatment in this constituency. A polling station, in a predominately nationalist area, in which electoral staff were intimidated in keeping open longer than it should, has been was never subject to the sanction proposed for Moygashel. The Chief Electoral Officer’s decision is I believe irrational, unreasonable and discriminatory, and will result in voter suppression in what is the most marginal Westminster constituency in Northern Ireland and the United Kingdom. Michelle Gildernew MP has led a campaign for the closure of this Polling Station. It should be remembered that she holds the seat of Fermanagh-South Tyrone by a mere four votes and only after a re-court (having lost the first count). The closure of this Polling Station in a predominantly Unionist community and transfer of voting to a more distant and inappropriate site, is to push down the Unionist vote in the constituency. An Act of Voter Suppression Part of Sinn Fein’s campaign involved making a series of claims and accusations about events at the polling stations. A number of these allegations fell when subjected to the scrutiny of a court of law. Yet, while the Chief Electoral Officer refuses to be clear on his reasoning, his actions make it clear he has accepted these party political claims. I and other colleagues were present throughout the day in question and refute the version of events put forward. We have the right to be heard and correct the inaccuracies. Failure to do so has led to the wrong decision being reached having heard solely one side, which was already skewed towards a specific agenda. The Electoral Office found itself in court following a previous election in this constituency and seem to be doing their level best to end up there again. Failure to properly consult During previous fraught discussions with the Chief Electoral Officer he advised notification of proposed changes to the polling station scheme had been placed in media Likewise this was a non-specific notification encompassing the entire electoral scheme in Northern Ireland. Had residents known of this process and the entirety and finality of its purpose they would certainly have responded. There is no possible way this move could be construed as a consultation when residents were not made aware of what was being proposed I am not aware of aware of any direct involvement with elected representatives, with the notable exception of Sinn Fein. This appeal is based the following grounds: a) Meet the reasonable requirements of the electors in the constituency or any body of those electors b) Take sufficient account of the accessibility to disabled person of polling station within a designated polling place The unreasonableness of this decision to the local electors is clear in the level of local opposition. On the morning of Monday 9 March 2015, I and my colleague Arlene Foster MLA hand-delivered 640 letters of objection to the closure. This is the first batch and there are more to follow. We asked the Chief Electoral Officer to pass these to you, but have nonetheless attached 30 signatures to this correspondence. The proposed new polling station is a significant increase in distance for Moygashel voters that will increase inconvenience and barriers to the local population. Those who use this polling station are deeply aggrieved by the manner in which this decision was taken, and the lack of adequate consultation with those who will be most affected. The closure of Moygashel will impact severely on the community. I am dealing with Moygashel residents on a daily basis and my casework files will verify the particularly high number of elderly residents, who would make up the majority. There are also a significant number of profoundly disabled residents who do not and cannot travel far. The lack of public transport is also an issue. The population would be between 75-80% elderly. Few have cars and most rely heavily on public transport. Buses are not always suitable or indeed available, particularly for those who are disabled who depend on accessible taxis which are by default more expensive. Owing to limited income they will be forced to spend additional costs to use a taxi for extended distance, and very often will have to expend even further cost by having the taxi wait for them as opposed to phone for another when they have voted. This does not just apply to the elderly and/or disabled population. Areas within the Moygashel ward are classed as areas of deprivation, and unemployment is high. There are also a high number of persons being cared for in their own homes on a 24/7 basis by a family member. Carers are time-limited and cannot be away from their responsibilities for long and likewise cannot go far. Their needs must also be taken into account. Much emphasis will be placed on physical disability and accessibility. However many of my constituents suffer from complex emotional issues and this covers a wide age range, involving both mental illness and mental disability. On a daily basis I am fighting for the welfare rights of persons with depression, anxiety, PTSD, and panic attacks to name but a few. A number of constituents suffer from agoraphobia and contrary to popular belief this is not a fear of going outdoors (the literal interpretation being, fear of the market place), but a fear of social interaction with strangers and crowds. The struggle to get motivated is significant, and like their elderly counterparts they rarely leave Moygashel. These constituents need to go to familiar territories and not be oppressed by larger, crowded and unfamiliar places. This isn’t a new issue. In many instances they cannot travel to my Dungannon office (Church Street) and I or my staff go to their home for casework. In instances of benefit appeal tribunals, (held at Dungannon Enterprise Centre, Oaks Road,) they cannot attend the hearings and where required a GP letter of support accompanies this. As part of their medical treatment they are encouraged to take steps to go outdoors and interact on a limited, controlled basis so there is no reason to have them revert to a postal or proxy vote. However they are visibly nervous and agitated outside their area of familiarity. In respect of the first point, I refer to European Convention on Human Rights, beginning with Article 10 – Freedom of Expression which states “Everyone has the right to freedom of expression, including freedom to hold opinions and to receive and impart information and ideas without interference of public authority and regardless of frontiers.” Likewise Article 14 – The Prohibition of Discrimination states “The enjoyment of rights and freedoms set forth…shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” Also Article 17 – Prohibition of Abuse of Rights states, “Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the convention.” In respect of the second point I cite the following. Neither they nor those with physical disabilities or elderly-related impairment should be forced to struggle in this matter. To enforce such a struggle, which causes distress, pain and both physical and emotional reaction, is contrary to the decision by a public body as per Article 3 of the EU Convention on human rights barring “humiliating or degrading treatment.” The Howard Primary School is close to their homes requiring less upheaval for travel. It is fully accessible and entirely on one level with ramps and dipped kerbs. Dungannon Leisure Centre is a 1960’s style structure furnished with the bare minimum of disability-compliant facilities. It is located on-street with only a handful of disabled parking spaces at the front of the building. They are in a lay-by on private council property and therefore action against abuses cannot be enforced. Additional spaces have been made available at the council offices car park, but that too cannot be enforced in the event of abuses. They are also of some distance which would preclude wheelchair and walking aid use. The rest of the parking is to the rear and access is via steep steps from the car park to the main hall. In any event, there is no indication of the centre closing on polling day so there is no guarantee these spaces will be available as and when required. The Disability Discrimination Act 1995 gives people with disabilities important rights not to be discriminated against in many aspects including in accessing everyday goods and services. Further, the Disability Discrimination (NI) Order 2006 Section 21B states, “It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions.” In addition at Section 49A under general duty states, “Every public body shall in carrying out its functions have due regard to – (a) The need to promote positive attitudes towards disabled persons And (b) The need to encourage participation by disabled persons in public life.
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