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

Chapter 17 Reimbursement of election expenses to candidates

In accordance with section 17(4) of the Electoral Acts, the Minister for the Environment and Local Government notified the Standards Commission of the name of each candidate elected and the name of each unsuccessful candidate who, although not elected, qualified for a reimbursement of election expenses by virtue of the fact that the number of votes received by him / her at any stage of the counting of the votes exceeded one quarter of the quota for the relevant constituency.

Three hundred (300) candidates at the Dáil general election qualified for a reimbursement of their election expenses. One hundred and sixty five (165) qualified by virtue of being elected. A further one hundred and thirty five (135) unsuccessful candidates qualified by reaching one quarter of the quota in the constituency at any stage of the counting of votes.

Before a reimbursement of election expenses may be made, the Standards Commission must certify to the Minister for Finance that the candidate's election agent has furnished a correctly completed Election Expenses Statement and, where applicable (i.e. where the candidate was unsuccessful at the election), that the candidate has furnished a correctly completed Donation Statement. The Standards Commission is also required to notify the Minister for Finance of the amount which may be reimbursed to a candidate. In calculating this amount, expenses incurred by the national agent of a political party on a candidate, in the candidate's constituency, may be taken into account. The amount which may be reimbursed is €6,348.69 or the total election expenses incurred on the candidate's behalf, whichever is less.

The Electoral Acts provide that where a candidate's election agent has overspent at the election, the Standards Commission may recommend to the Minister for Finance that the amount of the overspend be deducted from the reimbursement due to the candidate. As stated in Chapter 7 above, the Standards Commission had decided that if an overspend occurred specifically as a result of the court action in the Kelly case, it would not recommend to the Minister for Finance that the amount of the overspend be deducted from the reimbursement of election expenses payable to the candidate.

On being satisfied that the Election Expenses Statement in respect of a qualifying candidate and, where applicable, that part of the national agent's Election Expenses Statement pertaining to the candidate, were correct, the Standards Commission issued an Application for a Reimbursement of Election Expenses form (GE/02/RAC) to the candidate concerned. On receipt of the completed application form, the Standards Commission certified to the Minister for Finance that a reimbursement of election expenses should be made.

On the date of going to print with this report, the Standards Commission had certified, to the Minister for Finance, payment of two hundred and thirty two (232) applications for a reimbursement of election expenses. Reimbursement applications in respect of a further sixty eight (68) candidates have yet to be finalised. Details of those candidates who qualified for a reimbursement of election expenses, and the amounts they are eligible to receive, are provided at Appendix 8 to this report.

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