Annual Report 2007

Dáil general election 2007

The 29th Dáil was dissolved on 29 April 2007 and polling day was 24 May 2007; a total of 466 candidates contested the election.

In March 2007, the Standards Commission published its guidelines for the election. These were formally issued to candidates, election agents and national agents once the election was called. During 2006 and early 2007 the Standards Commission provided a number of briefing sessions to political parties on the requirements of the legislation which would apply at the Dáil general election and responded to a number of requests for advice from potential participants. Once the election was called, Standards Commission staff visited constituencies to meet with candidates' election agents and to provide advice and assistance regarding the requirements of the legislation.

Unsuccessful candidates were required to furnish a Donation Statement and accompanying documentation to the Standards Commission by 19 July 2007. Details of donations, with a value greater than €634.87, received in relation to the election were required to be disclosed. Successful candidates were required, as members of Dáil Éireann, to furnish an annual Donation Statement and accompanying documentation to the Standards Commission by 31 January 2008.

The election agent of each candidate was required to furnish an Election Expenses Statement to the Standards Commission by 19th July 2007. These Election Expenses Statements included details of all election expenses incurred and payments made by the election agents on goods, property or services used on behalf of the candidate at the election during the election period (i.e., from the date of dissolution on 29 April to polling day on 24 May). An Election Expenses Statement was also required from the national agent of each political party with candidates contesting the election and from "other persons" who incurred election expenses. The Standards Commission secretariat made every effort to assist election agents, national agents and "other persons" with the completion of their forms.

The Standards Commission furnished a report on the Dáil general election to the Ceann Comhairle on 13 December 2007. The report showed that election expenses of €11.08M were incurred on behalf of candidates and political parties at the election. This represented an increase of almost 20% on the figure reported for the 2002 Dáil general election. This figure represented expenditure on property, goods or services used for election purposes during the election period only. Expenditure on property, goods or services used before the election period was not required to be accounted for. No candidate or political party exceeded the statutory expenditure limits. 300 candidates qualified for a reimbursement of their election expenses. The total payable to these candidates was €2.64M.

Donations with a total value of €0.53M were disclosed by 103 unsuccessful candidates. 196 unsuccessful candidates returned a "nil" statement. Two candidates failed to furnish a Donation Statement which is an offence under section 25(1)(c) of the 1997 Act.

The Standards Commission referred 14 files to the Gardaí in relation to contraventions of the Electoral Acts at the election. Nine of these related to a failure to furnish a Donation Statement; four concerned a failure to furnish an Election Expenses Statement (three election agents and one "other person") and one was in relation to a failure by a candidate to provide relevant documentation to her election agent. Statutory documentation was subsequently received in all but three of these cases and no prosecution of the offences was initiated.

In the three cases concerned, Mr Thomas King (unsuccessful candidate and election agent), Mr Jim Tallon (unsuccessful candidate and election agent) and Mr Michael Canney (who acted on behalf of the Campaign to Save Tara), the required statutory documentation has still not been received. In Mr King's case the Standards Commission has been informed by the Gardaí that the forms were completed and the Chief Superintendent in Galway recommended that no prosecution be initiated. At the time of writing, the forms had still not been received. In the case of Mr Tallon, the DPP decided that the public interest did not require a prosecution. In relation to Mr Canney, the Standards Commission understands that the investigation has not yet been completed.

In its report, the Standards Commission also referred to a number of other candidates, election agents and "other persons" whose statutory documentation had not been finalised. The position at the time of writing in relation to these people is as follows:

1. Ms Evelyn Cawley (unsuccessful candidate, Non-Party, Wicklow)

An amended Donation Statement was received from Ms Cawley on 13 December 2007 and laid before the Houses of the Oireachtas on 22 January 2008.

2. Councillor Jim McGarry (unsuccessful candidate, Labour Party, Sligo / North Leitrim)

A bank statement in relation to Councillor McGarry's political donations account was received on 20 December 2007. Councillor McGarry informed the Standards Commission that he had sent on the bank statement in August 2007. The Standards Commission had no record of receiving this. The donation received by Councillor McGarry which required him to open a political donations account was received after polling day. Legally, Councillor McGarry was not required to have disclosed this donation or to have furnished details concerning his political donations account to the Standards Commission. However, having done so, it was necessary for the Standards Commission to obtain a copy of the bank statement.

3. Ms Trish Forde-Brennan (unsuccessful candidate who also acted as her own election agent, Green Party, Limerick East)

The Standards Commission reported that an amended Election Expenses Statement had not been received from Ms Forde-Brennan. The Standards Commission subsequently discovered that Ms Forde-Brennan's amended Election Expenses Statement form had been received on 18 October 2007 and had been misplaced. The Standards Commission has apologised to Ms Forde-Brennan for this error and for any inconvenience or embarrassment which the reference to her in its report may have caused. Ms Forde-Brennan's amended Election Expenses Statement form was laid before the Houses of the Oireachtas on 15 February 2008.

4. Mr Felim McDonnell - election agent for Ms Margaret Cox (Non-Party, Galway West)

An amended Election Expenses Statement was received from Mr McDonnell on 31 January 2008 and laid before the Houses of the Oireachtas on 1 February 2008.

5. Mr David Williams election agent for Ms Madeleine Taylor Quinn (Fine Gael, Clare)

The necessary clarifications were finally received from Mr Williams on 25 February 2008 and his Election Expenses Statement form was laid before the Houses of the Oireachtas on the same day.

6. Dr John F. Corish (Non-Party, Kildare North)

Clarification and an outstanding invoice/receipt in relation to an expense item was not received. In view of the fact that no reimbursement of election expenses was due to Dr Corish, the Standards Commission decided not to pursue the matter any further.

7. Mr Niall Kelleher (election agent for Mr Tom Fleming, Fianna Fáil, Kerry South)

The election agent and candidate were informed by the Standards Commission that the reimbursement of election expenses due to the candidate would not be processed until such time as outstanding invoices/receipts were received. The reimbursement remains to be processed.

8. Mr Barry Kennedy (election agent for Senator Paudie Coffey, Fine Gael, Waterford)

The election agent and candidate were informed by the Standards Commission that the reimbursement of election expenses due to the candidate would not be processed until such time as outstanding invoices/receipts were received. The reimbursement remains to be processed.

Recommendations

The Standards Commission made a number of recommendations in its report as to how the Electoral Acts might be improved. In particular it recommended a review of the duration of the election period to avoid the "frontloading" of election expenditure. It noted that the use of public funds for electoral purposes is a major issue which requires re-evaluation in consideration of future changes to the electoral legislation. It suggested that the provision of such clarity within the ambit of the electoral code rather than as part of other legislation which patently has quite a separate purpose (the Houses of the Oireachtas Commission Act 2006) would better ensure a level playing field for all candidates. It also suggested that the proposed establishment of an Electoral Commission, as set out in the current programme for government, afforded an ideal opportunity for a complete review of the legislation. (This is also suggested in the ODIHR report on the Dáil general election in which it recommended that the "Irish authorities could usefully consider consolidation of the electoral legislation in order to further enhance its accessibility and facilitate its implementation".

The Standards Commission's report on the general election is available on its website.

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