Explanatory note re spending at the 2009 Dublin Central and Dublin South Dáil bye-elections

Electoral Act 1997 as amended (the Act)

PART 1. Spending at the Dáil bye-elections

Section 31(7) of the Act provides that where somebody intends to incur election expenses at the above bye-elections, and has not been authorised to do so by either the election agent of a candidate or the national agent of a political party, the person must notify the Standards in Public Office Commission before incurring the expenses.

"Election expenses" means expenses incurred in the provision of property, goods or services which are used for electoral purposes during the election period. "Electoral purposes" means to promote or oppose, directly or indirectly, the election of a candidate or the interests of a political party at the bye-elections, or to otherwise influence the outcome of the bye-elections. The election period at the above bye-elections is from the date of the issue of the writ for the bye-elections (13 May 2009) up to and including polling day at the bye-elections (5 June 2009). Election expenses can include expenses incurred on newspaper advertising, posters, leaflets etc..

PART 2. Notifying the Standards Commission of intent to incur election expenses

When notifying the Standards Commission of an intention to incur election expenses a person must provide the following information:

• the name, address and description of the person proposing to incur the expenses,
• a statement of the nature, purpose and estimated amount of such expenses, and
• an indication of the person's connection, if any, with any party or candidate at the bye-elections.

On receipt of this information, the Standards Commission will issue a Certificate of Authorisation to the person confirming that the person has complied with the provisions of section 31(7). The Standards Commission may consider, however, that the person incurring the expenses is connected to a candidate or political party contesting the bye-elections. In such circumstances, the expenses incurred by the person will be deemed to have been incurred on behalf of the candidate or party and will have to be accounted for by the candidate's election agent or the political party's national agent.

PART 3. Accounting for expenditure incurred in relation to the Dáil Bye-Elections

Where the Standards Commission considers that the person is not connected to any candidate or party contesting the bye-elections, it will issue an Election Expenses Statement form to the person. The person will be required to complete the Election Expenses Statement and return it to the Standards Commission within 56 days of polling day (i.e., by 31 July 2009). The Election Expenses Statement must give details of the election expenses incurred by the person. The Election Expenses Statement must be accompanied by a Statutory Declaration. The Election Expenses Statement/Statutory Declaration form will be laid by the Standards Commission before the Houses of the Oireachtas and will be put on public display. Summary details of the election expenses incurred will be contained in a report which the Standards Commission will furnish to the Ceann Comhairle and which will be published on its website.

IT IS AN OFFENCE TO FAIL TO COMPLY WITH ANY OF THESE REQUIREMENTS.

Additional obligations apply if the person receives a donation for the purposes of funding such expenses. These obligations are outlined in a separate explanatory note for third parties.

Further information regarding spending at the Dáil bye-elections can also be found in the Standards Commission's guidelines for the Dáil bye-elections. These guidelines are available on www.sipo.ie or on request from the Standards Commission Secretariat (telephone 01-6395666 or e-mail sipo@sipo.gov.ie).