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

Chapter 12 Persons deemed to be connected to a candidate or a political party

Section 31(6) of the 1997 Act provides that where a person who is incurring expenses at a Dáil election is considered by the Standards Commission to be associated with, connected to, or under the influence or control of a candidate or political party, the expenditure incurred by the person will be deemed to have been incurred on behalf of the candidate or party concerned and must be accounted for by either the candidate's election agent or the national agent of the political party.

The following persons who notified the Standards Commission in accordance with section 31(7) of the Electoral Acts of their intention to incur election expenses were considered by the Standards Commission to be connected to candidates at the election:

1. Ms. Lisa Maher, Campaign Against Service Charges, 78 Whitechurch Way, Rathfarnham, Dublin 16.

Ms. Maher wrote to the Standards Commission outlining the intention of her group to incur expenses at the election. She indicated that the Campaign intended to produce leaflets at a cost of no more than €500 to encourage residents of the Dun Laoghaire and Dublin South Dáil constituencies not to vote for Fianna Fáil, Fine Gael or Progressive Democrat candidates. As Ms. Maher, who was Secretary of the Campaign, and Mr. Richard Boyd Barrett, who was Chairperson of the Campaign, were candidates in those constituencies at the election and the leaflet advocated voting for them at the election, the Standards Commission advised that the expenses incurred on producing the leaflet should be accounted for by their respective election agents. Ms Maher's election agent subsequently informed the Standards Commission that the expenses referred to were incurred in respect of leaflets circulated prior to the dissolution of the Dáil and, accordingly, were not election expenses.

2. Mr. Joe McManus, 42-24 Bell Blvd., Bayside, New York 11361, USA.

Mr. Joe McManus wrote to the Standards Commission outlining his intention to incur election expenses of approximately €800, on behalf of 34 Irish citizens who were resident in the USA, on an advertisement in the Leitrim Observer newspaper, supporting the Sinn Féin candidate, Mr. Sean McManus. Mr. Joe McManus was advised that expenditure incurred by the group may be deemed to be connected to the candidacy of Mr. Sean McManus. He was asked to provide further information to the Standards Commission. The candidate's election agent, Mr. Liam McGirl, was informed of the group's intended expenditure and also advised that it might be deemed to be connected to the candidacy of Mr. Sean McManus. No reply was received from Mr. Joe McManus. However, an Election Expenses Statement was subsequently received from Mr. McGirl which accounted for the election expenses incurred by Mr. Joe McManus. Accordingly, it was not necessary for Mr Joe McManus to furnish an Election Expenses Statement.

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