Advice re use of staff whose salaries are met out of public funds

The Electoral Act 1997 as amended (the Act) provides that goods, property or services which are used for electoral purposes during the election period shall be regarded as election expenses. Arising from the judgment in the Desmond Kelly case this includes goods, property, services or facilities where the costs are met from public funds. The position with regard to the use of such goods, property or services for electoral purposes during the election period is dealt with in paragraphs 2.32 and 2.33 of section 2G of the Standards Commission's guidelines for the Dáil general election.

Having regard to the position as set out in paragraph 2.32 and 2.33 of the Standards Commission's guidelines, if a member of a Minister's or Minister of State's staff (i.e., special advisor, constituency secretary, driver*, etc.) or a member of an Oireachtas member's staff (i.e. personal assistant, research assistant, etc.) is engaged in his/her normal duties during the election period and is not providing a service which is for electoral purposes, then the cost of carrying out such activities is not regarded as an election expense. Where such staff are engaged in activities which are for electoral purposes their costs will be regarded as an election expense. It will be a matter for the Minister/Minister of State/Oireachas member in conjunction with his/her election agent and the provider of the services to determine the extent to which such staff have been engaged for electoral purposes during the election period and to account for it on the election agent's Election Expenses Statement.

*The use of Ministerial cars, including drivers, by Ministers (not Ministers of State) during the election period, is not an election expense as the cars and drivers are provided as a security measure and Ministers are required to use them at all times.

The Act provides that a free service provided by an individual at an election is not regarded as an election expense where the service provided is not part of the individual's work or business. This is reflected in paragraph 2.34 of the Standards Commission's guidelines. Where a member of a Minister's/Minister of State's staff (i.e., special advisor, constituency secretary, driver, etc.) or a member of an Oireachtas member's staff (i.e. personal assistant, research assistant, etc.) takes annual leave to work on his/her election campaign on a voluntary basis during the election period, the work carried out by them will be deemed to have been carried out as a free service and, notwithstanding the fact that this work may be similar to their normal work, the cost of their salaries while working voluntarily will not be regarded as election expenses for the purposes of the Act.

The Standards Commission recommends, however, that in case of a challenge to the Election Expenses Statement submitted by a Minister's/Minister of State's/ Oireachtas Member's election agent, Ministers/Ministers of State/Members should ensure that proper records of holidays accrued and taken by staff are maintained. The Standards Commission may require written confirmation that the staff concerned have taken leave during the election period.