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

Chapter 13 Correspondence with newspapers regarding section 31(10) of the Electoral Acts

Section 31(10) of the Electoral Acts provides that the publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to the general election which purports to promote or oppose, directly or indirectly, the interests of a political party or a candidate at the election, unless requested to do so by either:

• the national agent of a political party, or a person authorised in writing by such agent,
• a candidate at the election, his / her election agent or a person authorised in writing by the candidate or agent, or
• a person who produces to the publisher a certificate from the Standards Commission confirming that he / she has complied with the provisions of section 31(7) of the 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).

On 15 April 2002, the Standards Commission wrote to the publishers of over 100 national and local newspapers and to the publishers of a number of magazines and other periodical publications informing them that the provisions of Section 31(10) of the Electoral Acts would apply at the Dáil general election.

The Standards Commission is satisfied that the majority of publishers of newspapers, etc., complied with the requirements of section 31(10). It was, however, necessary for the Standards Commission to contact the publishers of the following newspapers when it came to its attention that they may not have complied with the requirements of section 31(10):

1. Nationalist and Leinster Times:

The Standards Commission received a complaint that a group calling itself Elect Carlow Candidates Organisation (ECCO) was placing advertisements in the Nationalist and Leinster Times newspaper soliciting votes for Carlow-based candidates. This organisation had not, at the time, notified the Standards Commission of its intention to incur expenditure at the general election and consequently the Standards Commission had not issued a certificate of compliance (with section 31(7)) to it.

The Standards Commission wrote to the publisher of the Nationalist and Leinster Times enquiring as to why, contrary to section 31(10) of the Electoral Acts, the newspaper had accepted an advertisement from this organisation.

The editor of the newspaper stated in his reply that he was not aware of the provisions of section 31(10) of the Electoral Acts. The Standards Commission had written to the publisher of this newspaper on 15 April 2002 regarding section 31(10). The editor apologised for accepting the advertisement and undertook not to do so again without reference to the Standards Commission. Having considered the matter, the Standards Commission decided not to take any further action.

2. The Irish Times:

On 25 April 2002 a full page advertisement on homelessness was placed by Focus Ireland in the Irish Times. It asked voters at the forthcoming general election to raise the issue of homelessness with candidates. This organisation had not, at the time, notified the Standards Commission of its intention to incur expenditure at the general election and consequently the Standards Commission had not issued a certificate of compliance (with section 31(7)) to it.

The Standards Commission wrote to the publisher of the Irish Times enquiring as to why, contrary to section 31(10) of the Electoral Acts, the newspaper had accepted an advertisement from this organisation. In his reply, the Managing Editor of the newspaper stated that the Irish Times aimed to follow the law on such matters scrupulously and it took very seriously any suggestion of an infringement of the legislation. He made the point that the advertisement did not, directly or indirectly, advocate voting in favour or against any political party or any candidate. He defended the publication of the advertisement on the basis that it raised an issue about which there was wide concern across the political spectrum and that it had made no reference to any candidate or political party.

Having considered the matter, and mindful of the fact that it was arguable as to whether or not the advertisement could be regarded as an election expense, (although Focus Ireland accepted that it was and have accounted for it in an Election Expenses Statement) the Standards Commission decided not to take any further action.

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