Annual Report 2006

Preparation for the Dáil and Seanad general election in 2007

During 2006, the Standards Commission commenced its preparations for the Dáil and Seanad general elections of 2007. Draft guidelines for the Dáil general election were prepared and were published on the website of the Standards Commission in September 2006. The purpose of making the draft guidelines available on the website was to allow candidates, their election agents, and the national agents of political parties contesting the elections, to familiarise themselves with the requirements of the legislation. It was made clear on the website that the draft guidelines were not the Standards Commission's final guidelines for the election and that the final published guidelines would issue to candidates and election and national agents nearer to the election.

The Standards Commission also met with the main political parties in 2006 and outlined how it intended to supervise the provisions of the Electoral Acts in relation to donations and election spending at the Dáil general election. The Standards Commission has prepared a statement of practice in relation to the processing of Donation Statements and Election Expenses Statements which are furnished to it after the Dáil general election. A copy of this statement of practice was made available to each of the political parties and will be enclosed with the statutory forms which will issue to each candidate and election agent after the election.

The Standards Commission also provided a number of briefing sessions to candidates, election and national agents and other members of political parties on the requirements of the legislation applying at a Dáil general election and responded to a number of requests for advice from potential participants at the Dáil general election.

In addition, the Standards Commission prepared draft guidelines for the Seanad general election and these guidelines were also available on its website from September 2006. Again it was made clear that these were draft guidelines only. When published, the guidelines will issue by registered post to all candidates contesting the Seanad general election.

Use of public funds at elections

The use by candidates who are existing public representatives such as Councillors, Senators or outgoing Members of the Dáil of public funds for electoral purposes requires to be re-evaluated in consideration of future changes to the electoral law. While the Standards Commission has acknowledged such use, allowing for its reckonability in elections, the use of public funds is a major issue which needs to be considered in the context of ensuring a level playing pitch between all the candidates.

Ongoing constituency work by existing/outgoing public representatives

Moreover in regard to reasonable ongoing representative work, the experience of the 2007 election in the application of the Standards Commission’s statutory guidelines (and specific advice) for existing public representatives such as Councillors/Senators or outgoing Members of the Dáil once again reinforces the view that there is a certain ambiguity as to what constitutes reckonable expenditure for electoral purposes and other public representative activity. This was exacerbated by the introduction of statutory guidelines for outgoing members of the Dáil under the Houses of the Oireachtas Commission Act 2006. While the Standards in Public Office Commission has acknowledged that charging for facilities is a matter between the candidate and the provider concerned in the first instance, there is a need for clarity in how the electioneering element of the use of these facilities is assessed by the candidates themselves. There is clearly a need to have such provisions come within the ambit of the electoral code rather than be part of other legislation which patently has quite a separate purpose. This would ensure a level playing pitch for all candidates.

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