Annual Report 2005

Kildare North and Meath Dáil by-elections of 11 March 2005

Polling for the Dáil by-elections in Kildare North and Meath took place on 11 March 2005 to fill the vacancies arising from the departure from national politics of former deputies Charles McCreevy and John Bruton. Eight candidates contested the Kildare North by-election while seven contested the Meath by-election.

Donation Statements were required to be completed by unsuccessful candidates at the by-elections. Election Expenses Statements were required to be completed by the election agents of all candidates and the national agents of the six political parties who contested the by-elections. Groups unconnected to a party or candidate at the by-elections who incurred election expenses were also required to complete an Election Expenses Statement. All of these statements were required to be furnished to the Standards Commission by the 56th day after polling day (i.e. by 6 May 2005).

The elected candidates, Deputies Shane McEntee and Catherine Murphy, were required, as TDs, to furnish an annual Donation Statement to the Standards Commission by 31 January 2006. All donations received by them during 2005 which exceeded €634.87 in value, including any such donations received in relation to the by-elections, were required to be disclosed.

Election expenses totalling €321,767.25 were incurred on behalf of the 15 candidates and six political parties who contested the by-elections. Of this amount, €189,738.19 was spent at the Meath by-election and €132,029.06 was spent at the Kildare North by-election. The spending limit at the Meath by-election was €38,092.14 per candidate and €25,394.76 at the Kildare North by-election. There was no overspend at either by-election. Eleven candidates, six in Kildare North and five in Meath, qualified for reimbursement of their election expenses, which was €6,348.69 in each case.

The Standards Commission deemed that expenses of €6,840 incurred during the by-elections by the Federation of Irish Salmon & Sea Trout Anglers (FISSTA) and by the National Association of Regional Game Councils (NARGC) were election expenses. The expenses were incurred on newspaper advertisements which the Standards Commission considered purported to oppose indirectly the interests of candidates contesting the by-elections on behalf of Government parties. An Election Expenses Statement on behalf of both organisations was subsequently received on 19 May 2005. While both groups had contravened the provisions of section 31(7) of the Electoral Acts by failing to notify the Standards Commission in advance of their intention to incur election expenses, the Standards Commission took no further action in terms of a referral of the matter to the Gardaí, as both groups had otherwise complied with the legislation by furnishing an Election Expenses Statement.

Section 31(10) of the 1997 Act provides that if the publisher of a newspaper intends to publish an advertisement or notice from an individual or group which purports to promote or oppose, directly or indirectly, the interests of a political party or a candidate at a Dáil by-election, that individual or group must be authorised in writing to do so by either a candidate at the election or his/her election agent or the national agent of a political party. If not so authorised the individual/group must be able to produce to the publisher a certificate from the Standards Commission confirming that the individual/group has complied with section 31(7) of the 1997 Act.

It is an offence for the publisher of a newspaper, magazine or other periodical publication to fail to comply with the requirements of section 31(10). As neither FISSTA or NARGC had notified the Standards Commission of their intention to incur election expenses and had not been issued with a certificate of compliance with the provisions of section 31(7) of the Act, the Standards Commission was of the view that publication of their advertisements by the Meath Chronicle and Leinster Leader newspapers contravened the provisions of section 31(10) of the Act.

The Standards Commission wrote to both newspapers and, having considered their replies, accepted that neither newspaper had intentionally contravened the provisions of section 31(10) of the Act. In addition the Standards Commission was assured that procedures had been put in place in each newspaper to ensure that such contraventions do not recur. On that basis, the Standards Commission decided not to take any further action in terms of a referral of either matter to the Gardaí.

Details of election expenses incurred at the by-elections and donations disclosed by unsuccessful candidates are contained in a report to the Ceann Comhairle which was published on 15 July 2005 and which is available on the website of the Standards Commission. Details of donations disclosed by the two successful candidates are set out in a report to the Ceann Comhairle which was published on 30 March 2006 and which is also available on the website of the Standards Commission.

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