Guidelines for the general election to the 30th Dáil

D. Persons who may be incurring expenditure on behalf of a political party without being authorised to do so

3.19   The national agent is the only person who can incur expenditure or make payments on behalf of a political party at the general election.  National agents should be aware that, if a person or body incurs expenses at the election to promote the party or its candidates, the Standards Commission will regard such expenses as expenditure incurred by the political party, if it considers the person or body to have been:

• established by, or on behalf of, a political party for the purposes of incurring election expenses;
• is a member of, or is a branch or subsidiary organisation of, a political party; or
• is associated with, connected to, or under the influence or control of, a political party.

In such circumstances the expenses incurred must be accounted for by the national agent from within his/her expenditure limit.  If such expenditure brings spending by the party over the relevant limit, an offence will have been committed.  It is important, therefore, that national agents are aware of the activities of groups or individuals incurring expenditure, given that such expenditure may be deemed to be expenditure incurred on behalf of the party.  The Standards Commission should be notified immediately of the activities of any such person or body.

3.20   A local party organisation (e.g., constituency or branch) cannot incur expenditure or make a payment in relation to the party's general election campaign, e.g., pay bills, without the authority of the national agent.  The position with regard to expenditure incurred by a local party organisation on behalf of a candidate is set out in paragraph 2.27.

3.21   Bodies, such as trade unions or interest groups, which are affiliated to a political party will be regarded as connected to or associated with that political party.  By extension, these bodies will be regarded as being connected to or associated with a candidate of a political party for the purposes of election expenses incurred on behalf of that candidate at the election.  If such expenditure is authorised by the candidate's election agent it must be accounted for by that agent.  Otherwise it should be accounted for by the national agent.

3.22   Newspaper notices or advertisements promoting or opposing the interests of a party or candidate may only be placed if requested by a candidate, an election agent, a national agent or a person authorised by a candidate or either agent.  "Third parties" or "other persons" may arrange newspaper advertising if they produce to the publisher a certificate from the Standards Commission that they have complied with the legal requirements outlined in paragraph 4.18.  The Standards Commission will notify editors/publishers of the provisions of the legislation in this regard.  [The provisions in question also apply to magazines and other publications.]

3.23   National agents should notify the Standards Commission if they become aware of third parties or other persons incurring election expenditure either promoting or opposing a political party or a candidate (see Chapter 4 relating to third parties and other persons).

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