Annual Report 2005

Electoral Acts

The Electoral Act 1997 (the 1997 Act) provides a framework for the limitation and disclosure of political donations made to political parties, TDs, Senators and MEPs, "third parties" and to candidates at elections. It also regulates spending by political parties, candidates and "other persons" at Dáil, European Parliament and presidential elections. It provides for the reimbursement of election expenses to qualified candidates and for the state financing of qualified political parties (dealt with in Chapter 3).

Significant amendments to the 1997 Act were introduced by the Electoral (Amendment) Acts 1998 and 2001. Minor amendments were also introduced in two Electoral (Amendment) Acts enacted in 2002. To give effect to the judgments of the High Court and the Supreme Court in the Desmond Kelly case, the Electoral (Amendment) Act 2004 (the 2004 Act) was enacted. However, the wording of the 2004 Act gave rise to practical difficulties in relation to the limitation of election expenses and this was resolved in the Electoral (Amendment) Act 2005. This issue is discussed later in this Chapter.

The above legislation is referred to collectively in this Chapter and in Chapter 3 as "the Electoral Acts".

During 2005, the Standards Commission supervised compliance with the Electoral Acts by TDs, Senators and MEPs, political parties and their accounting units, candidates and agents at the Dáil by-elections in Kildare North and Meath and by "third parties" and "other persons". Unlike the Ethics Acts, where disclosure of certain information obtained under that legislation is prohibited, the vast bulk of the material furnished to the Standards Commission under the Electoral Acts is in the public domain in the form of reports to the Ceann Comhairle which are laid before the Houses of the Oireachtas. The material is also made available to the public for inspection and copying, including, in summary form, on the website of the Standards Commission. The Standards Commission considers it to be of the utmost importance that information furnished to it under the Electoral Acts should be made widely available to allow for public scrutiny and to facilitate a broadly based assessment of the statutory documentation.

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