Report re spending at Dáil General Election of 2002 (Text)

Chapter 11 Notifications received under section 31(7) of the Electoral Acts

Section 31(7) of the Electoral Acts provides that any person who intends to incur election expenses at a Dáil election, who has not been authorised to do so by either the election agent of a candidate or the national agent of a political party, must, before incurring any such expenses, provide the following information to the Standards Commission:

(a) the name, address and description of the person proposing to incur the expenses,

(b) a statement of the nature, purpose and estimated amount of such expenses, and

(c) an indication of the person's connection, if any, with any party or candidate at the election.

It is an offence for a person to whom section 31(7) applies to fail to comply with the above requirements.

It should be noted that the requirements of section 31(7) apply only to persons who intend to incur election expenses and are separate and additional to any requirement to register with the Standards Commission as a "third party" under section 23C of the Electoral Acts. It should also be noted that, once a person has complied with the requirements of section 31(7), there is no statutory limit to the amount of expenses which may be incurred by that person at the election.

The Standards Commission published a public notice regarding the requirements of section 31(7) in the national and local newspapers. The public notice appeared in the national newspapers on 25 April 2002, in the Sunday newspapers on 28 April 2002 and in the provincial newspapers during the week beginning 29 April 2002. In response to the public notice, the Standards Commission received a number of enquiries from persons who intended to incur expenses at the election. Those who made contact included both individuals and groups. Also, a number of candidates at the election reported to the Standards Commission that groups or individuals were incurring expenses in opposing them, or other candidates of their party, at the election.

The Standards Commission made every effort to engage with those persons who were involved in campaigning at the election. In all cases where contact was made by persons who intended to incur expenses at the election, or where such persons came to its attention, the Standards Commission requested that it be provided with the relevant information as specified in the legislation. The Standards Commission furnished a report to the Chairman of Dáil Éireann (Ceann Comhairle) on 26 March 2003 in which it outlined the actions it had taken in relation to this matter.

Every person who incurred election expenses pursuant to section 31(7) of the Electoral Acts was required to furnish an Election Expenses Statement to the Standards Commission by 20 December 2002. Details of the persons concerned and the expenditure incurred by them at the election are provided in Appendix 6 to this report.

It is, of course, possible that other individuals and groups incurred expenditure at the election and did not notify, or otherwise come to the attention of, the Standards Commission. If evidence of any such group or individual becomes available, the Standards Commission will consider the matter and take the appropriate action.

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