13/12/07 - Report on disclosure of donations and election expenses at Dáil general election of 2007

3.13 - Late Claims and Disputed Expenses

Late Claims

The legislation provides that all claims for payment of election expenses must be delivered to the election agent or national agent concerned within 45 days after polling day which, in the case of the Dáil general election, was 8 July 2007. Claims for payment received after this date may not be paid by the election agent or national agent concerned. It is an offence under section 43(2)(b) of the Act for an agent to pay a claim for election expenses which was not received by 8 July 2007. Although late claims may not be paid, they must be accounted for as election expenses by the agent concerned in his/her Election Expenses Statement.

Some election agents and national agents identified late claims on their Election Expenses Statement forms. In each case the agents were informed by the Standards Commission that they could not pay the expense concerned and that it was an offence to do otherwise.

Disputed claims

The legislation provides that where a claim for payment of election expenses is disputed by an election agent or national agent, details of the disputed claim should be provided in the Election Expenses Statement. The agent is not required to account for the amount which is in dispute when calculating the total amount of election expenses incurred. If and when the dispute is resolved, the agent is required to notify the Standards Commission of the amount agreed as payable by him/her and, if necessary, amend his/her Election Expenses Statement accordingly. If the dispute is resolved by means of a court order, a copy of the court order must be furnished to the Standards Commission.

Some election agents and national agents identified disputed claims on their Election Expenses Statement forms. In each case the agents were informed by the Standards Commission that they must notify the Standards Commission when the dispute has been resolved and, if necessary, amend their Election Expenses Statement.

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