Combined Section 15/16 Manual of the Standards Commission

Appendix 8 - Statement of Practice in relation to the processing of Donation Statements and Election Expenses Statements at Dáil and European elections

Introduction.

The Electoral Act, 1997 as amended ("the Act") provides for the furnishing of certain statutory documentation to the Standards in Public Office Commission (the Standards Commission) at Dáil and European elections. These statutory documents are as follows:

• Donation Statement / Statutory Declaration to be completed by unsuccessful candidates.
• Election Expenses Statement / Statutory Declaration and supporting invoices etc. to be completed by election agents of candidates and national agents of political parties which contested the election.
• Certificate of Monetary Donations / Statutory Declaration and accompanying bank statement to be completed by unsuccessful candidates who were required to open a political donations account.

In addition, candidates who are elected or who received a sufficient number of votes at the election qualify for a reimbursement of their election expenses. Qualified candidates are requested to complete an Application for Reimbursement of Election Expenses Form.

Responsibility of the Standards Commission in relation to the publication of statutory returns furnished to it.

The Standards Commission is required to lay a copy of each Donation Statement and Election Expenses Statement furnished to it before the Houses of the Oireachtas. Election Expenses Statements are required to be laid before the Houses "as soon as may be after" their receipt.

In addition, the Standards Commission is required, where it considers it appropriate to do so, to report to the Chairman of Dáil Éireann on any matter arising in relation to Donation Statements and Election Expenses Statements.

The Standards Commission is required to retain at its offices, for a period of three years, a copy of every Donation Statement and Election Expenses Statement furnished to it and to allow members of the public inspect and take copies of such statements.

Certificates of Monetary Donations and Applications for Reimbursement of Election Expenses are not laid before the Houses of the Oireachtas or put on public display.

Basis for this statement of practice.

The Standards Commission is conscious of the desirability of having Donation Statements and Election Expenses Statements laid before the Houses of the Oireachtas and put on public display as soon as possible after the statutory deadline for their receipt. The Standards Commission is of the view, however, that before this can be done, it must be satisfied that the information contained on the Donation Statements / Election Expenses Statements is correct. Failure on the part of candidates and agents to correctly complete their Donation Statements / Election Expenses Statements by the statutory deadline and subsequent delays in making the necessary amendments when their statements are returned to them have created difficulties for the Standards Commission in terms of making its report to the Ceann Comhairle and putting the material on public display in a timely manner.

To avoid a delay in making the material available, the Standards Commission could allow what it believes to be incorrectly completed returns to be put into the public domain. This is not considered to be a satisfactory manner in which to discharge a statutory duty to the Houses of the Oireachtas and the general public. In order to ensure, therefore, that correctly completed material is put in the public domain in a more timely manner, the Standards Commission has agreed the following practice in relation to the future receipt of Donation Statements and Election Expenses Statements at Dáil and European elections.

A. Observance of the statutory deadlines.

Donation Statements / Election Expenses Statements must be furnished to the Standards Commission within 56 days of polling day. It is an offence for an unsuccessful candidate or agent to fail to comply with this statutory deadline. The penalty for this offence is a fine of up to €1,269.74. In addition, there can be an on-going fine of up to €126.97 per day for each day, after a conviction, on which a Donation Statement / Election Expenses Statement is still outstanding.

The Standards Commission will issue the required forms to candidates and agents within 21 days of polling day.

Members of the Standards Commission secretariat will be available to provide advice to candidates and election agents on the completion of their forms. This includes meeting with the candidates / agents if necessary.

In the week preceding the statutory deadline, the Standards Commission will write to candidates / agents reminding them of the date by which their forms must be furnished.

When a Donation Statement / Election Expenses Statement has been received, a written acknowledgement will issue immediately from the Standards Commission.

Seven days after the statutory deadline, the Standards Commission will issue a formal reminder to any candidate / agent who has not furnished a Donation Statement / Election Expenses Statement. The reminder will draw attention to the offence / penalty for failing to return the relevant form.

Fourteen days after the statutory deadline, the Standards Commission will issue a second reminder to any candidate / agent who has not furnished a Donation Statement / Election Expenses Statement.

If a Donation Statement / Election Expenses Statement is still outstanding 21 days after the statutory deadline, the Standards Commission will issue a final reminder to the candidate / agent concerned. This reminder will again draw attention to the offence / penalty for failing to return the relevant form and will advise the candidate / agent concerned that failure to make the necessary return within seven days of this reminder will result in a referral of the matter to the Gardaí.

If a Donation Statement / Election Expenses Statement has not been received 28 days after the statutory deadline, the Standards Commission will refer the matter to the Gardaí.

If a Donation Statement / Election Expenses Statement is received after the matter has been referred to the Gardaí, the Standards Commission will notify the Gardaí accordingly. It will be a matter for the Gardaí to decide whether to proceed with the investigation of the offence of failure to furnish a Donation Statement / Election Expenses Statement by the statutory deadline.

All referrals to the Gardaí will be mentioned in the Standards Commission's report to the Ceann Comhairle on the election and in the accompanying press release.

The Standards Commission may also include in its report details of those candidates / agents who failed to furnish a Donation Statement / Election Expenses Statement by the statutory deadline together with the date on which the statement was subsequently received.

B. Position with regard to Donation Statements / Election Expenses Statements which are returned for amending.

The Act provides that where the Standards Commission, following consideration of a Donation Statement / Election Expenses Statement, finds an error or omission, it may notify the person furnishing the statement of the error or omission and afford him / her 14 days to amend the statement.

Where possible, any errors or omissions found will be notified to the candidate / agent within 28 days of receipt of the Donation Statement / Election Expenses Statement.

The candidate / agent will be given 14 days to amend the Donation Statement / Election Expenses Statement.

Where a Donation Statement / Election Expenses Statement is being amended, the accompanying statutory declaration must be re-sworn and re-dated.

If an amended Donation Statement / Election Expenses Statement is not received within the 14 days, a reminder will issue giving the candidate / election agent a further seven days to amend and return the Donation Statement / Election Expenses Statement.

The Standards Commission will decide a date on which it will furnish its report on the election to the Ceann Comhairle and lay the relevant statutory returns before the Houses of the Oireachtas and make them available for public display. Candidates / election agents whose amended Donation Statements / Election Expenses Statements are still outstanding will be informed of the proposed date of the Standards Commission's report.

If it is the case that an amended Donation Statement / Election Expenses Statement has not been received by the time the Standards Commission's report has been finalised, the candidate / agent concerned will be referred to in the report as having failed to furnish a correctly completed Donation Statement / Election Expenses Statement. The report will also note that the relevant statement in respect of this candidate / agent is not being laid before the Houses of the Oireachtas or being put on public display.

After the publication of its report, the Standards Commission will continue to pursue those candidates / agents who have not returned their correctly completed Donation Statement / Election Expenses Statement.

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