Guidelines for the Seanad General Election 2007

Introduction

1.  These guidelines for the 2007 general election to the Seanad have been published by the Standards in Public Office Commission (the Standards Commission) in accordance with section 4(6)(a) of the Electoral Act 1997, as amended ("the Act").

2.  The Standards Commission was established in December 2001 by the Standards in Public Office Act 2001. The members of the Standards Commission are:

The Hon. Mr Justice Matthew P. Smith, former Judge of the High Court, Chairman of the Standards Commission,
Mr John Purcell, Comptroller and Auditor General,
Ms Emily O'Reilly, Ombudsman,
Mr Kieran Coughlan, Clerk of Dáil Éireann,
Ms Deirdre Lane, Clerk of Seanad Éireann, and
Mr Liam Kavanagh, a former Member of Dáil Éireann.

The Standards Commission has a permanent secretariat based at 18 Lower Leeson Street, Dublin 2.

3.  The Act has been amended a number of times. The most significant amendments were contained in the 1998 and 2001 Electoral (Amendment) Acts. In these guidelines a reference to a section of the Act should be read as including any amendment(s) to that section.

4.  There is no legislative limit on expenditure for the Seanad election. Insofar as the Seanad election is concerned, the electoral legislation is of relevance to candidates only in relation to donations. These guidelines cover the main requirements of the Act relating to the acceptance and disclosure of political donations received by candidates to the 2007 general election to the Seanad.

5.  The Standards Commission is required to publish guidelines and give advice on how the Act works in practice. A person must act in accordance with guidelines or advice published or given by the Standards Commission unless, by so doing, they would be contravening another provision of the Act. Advice is given either in writing, including by email, or by responding to telephone enquiries.

6.  If a person is in any doubt about any aspect of the legislation, he or she should contact a member of staff of the Standards Commission Secretariat. The Standards Commission recommends that advice should be sought immediately if a matter arises about which there is uncertainty. By so doing, it is less likely that the issue will cause a difficulty later.

7.  The staff of the Standards Commission Secretariat will be available before, during and after the election to help resolve any difficulties that may arise. They can be contacted at the phone numbers listed on the inside cover page.

8.  Failure to comply with certain provisions of the Act is a criminal offence. The most serious offence is to knowingly furnish a false or misleading Donation Statement. This is punishable by a fine of up to €25,394.76 and/or imprisonment for up to 3 years.

9.  The Guidelines reflect the legal position as it applies at the time of publication, i.e., May 2007. The Standards Commission may issue further guidelines to candidates on specific issues which may arise during the course of the election.

10.  Tá leagan Gaeilge de na treoirlínte seo ar fáil.

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