Annual Report 2002

General Election to Dáil Éireann

A major part of the work of the Standards Commission during 2002 was related to the general election to the 29th Dáil. Polling took place on 17 May 2002. A series of regional visits, which were organised in conjunction with the political parties, had already taken place in 2000 and 2001 to brief candidates, election agents and political parties on the provisions of the legislation. The visits continued during the early part of 2002. An important focus of the visits was to direct attention to the fact that, for the first time at a Dáil general election, limits were in place restricting the amount of expenses that could be incurred on behalf of candidates and political parties contesting the election. A limit also applied in terms of the value of donations which could be accepted by candidates from the same donor. In addition, acceptance of foreign donations and anonymous donations was prohibited.

The Standards Commission is satisfied that its involvement in this programme was hugely beneficial and that it contributed in a significant way to increasing the level of understanding of the many statutory obligations which fell to be discharged by the various participants at the election. This applied, in particular, to the election agents appointed by candidates who were required to ensure that expenses incurred on behalf of candidates remained within the statutory limits and that proper records and accounts were maintained. It was evident to the Standards Commission that a considerable number of election agents might not have been fully aware in advance of the nature of the duties which they agreed to undertake, including the fact that legal responsibility for a breach of the expenditure limits rested with them.

In relation to the limits on expenditure referred to above, it should be noted that the limits apply to any expenditure incurred on property, goods or services which are used during the election period to promote a candidate or a political party. The election period runs from the date of dissolution of the Dáil up to, and including, polling day. There was some suggestion at the time of the election, and subsequently, that the provisions in question were being circumvented by candidates and political parties who spent large amounts of money on election material prior to the dissolution of the Dáil, thereby avoiding the limits in relation to that spending. Examples were cited such as billboard advertising, postering, etc., which was clearly in evidence prior to the dissolution. The factual position is that account must be taken of any expenditure which was incurred in relation to any material used during the election period, regardless of when the expenditure was actually incurred. The only way to avoid having to account for the cost of items such as the billboards, posters, etc., mentioned above would be to remove them prior to the dissolution and not to use them again during the election period, which was an unlikely scenario. Otherwise, the cost has to be accounted for and is covered by the spending limits. This is an important element of the legislation in that it is not possible to build up a war chest prior to the election with the intention of spending a large amount of money, over and above the limits, prior to the dissolution on material which it is intended to use during the election period.

It is still possible, of course, to engage in activity prior to dissolution of a Dáil which, in essence, is electioneering and where the costs would not be covered by the spending limits. This could involve, for example, prospective candidates distributing leaflets, newsletters or the like prior to dissolution encouraging voters to support them when the election is actually called. The Standards Commission shares the view, previously expressed by the former Public Offices Commission, that there should be some consideration given to whether, for a specific period prior to an election, there is a need to regulate such activity in terms of the spending limits at elections, as is the case in other countries. In this regard, the Standards Commission recognises fully the difficulty in distinguishing between election spending and costs incurred in relation to what could be described as normal representational activity which is ongoing in the period prior to the calling of an election.

A related issue which was raised with the Standards Commission prior to the election being called was that of members of Government and Ministers of State engaging in what were regarded as high profile campaigns associated with matters falling within the remits of their various Departments. Complaints about this were received by the Standards Commission from members of the Houses who were concerned about what they described as systematic spending of large amounts of public money by the Government to boost the political profiles of Ministers and Ministers of State in advance of the general election and widespread and sustained use of personalised advertising by Ministers and Ministers of State, all of which was funded from the Exchequer. As stated, the complaints related to the period prior to dissolution of the Dáil and did not refer to activities during the actual election period. In those circumstances, the Standards Commission was not in a position to determine that any spending involved would be subject to the limits provided for in the legislation or that there had been any breach of the legislation. It was, however, pointed out to the complainants that the matter would be raised by the Standards Commission in the context of the code of conduct for office holders referred to earlier in this report. The Standards Commission is of the view that a code of conduct would have regard to the spirit as well as the letter of the legislation in this area and that account would be taken of the underlying principles of ethical governance, including the general principle that public office or position should not be used for personal advantage.

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