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

3.14 - Contravention of section 31(8A) of the Act

Section 31(8A) of the Act provides that where a candidate has incurred election expenses before the appointment of his/her election agent, he/she must provide details of the expenses incurred to the election agent. It is an offence for the candidate to fail to provide such information to an election agent in sufficient time to allow the election agent to furnish an Election Expenses Statement in accordance with the requirements of section 36 of the Act.

When furnishing his Election Expenses Statement to the Standards Commission the election agent for Ms. Madeleine Taylor Quinn (FG), Mr. David Williams, stated that he had not received "invoices from M T Quinn" but had decided to furnish her Election Expenses Statement pending receipt of these. The Standards Commission wrote to Ms Taylor Quinn on 3 August informing her of the provisions of section 31(1)(8A) of the Act and requesting her to forward the original vouchers to Mr. Williams. She was advised that failure to comply with section 31(1)(8A) of the Act was an offence (under section 43(2)(e) of the Act). A further letter issued to Ms. Taylor Quinn on 21 August requesting her to forward the relevant vouchers to her election agent or to the Standards Commission by 31 August. Ms Taylor Quinn was advised that if the vouchers were not received by 31 August the Standards Commission would consider referring the matter to the Gardaí.

A file on the matter was sent to the Gardaí on 12 September 2007. This was the second file to be sent to the Gardaí concerning Ms. Taylor Quinn's candidacy at the general election. As stated in Chapter 2, a file on Ms Taylor Quinn was already referred to the Gardaí for prosecution of the offence under section 25(1)(c) of the Act (failure to furnish a Donation Statement by the statutory deadline of 19 July). While some invoices / receipts were subsequently received from Ms. Taylor Quinn on 21 September, not all of the relevant invoices were received. The remaining invoices/receipts were received on 4 December 2007. As stated in paragraph 3.10 above, clarification of one particular matter is still required from Mr. Williams. The Standards Commission will not certify a reimbursement of election expenses to Ms. Taylor Quinn until such time as all outstanding issues in relation to Mr. Williams' Election Expenses Statement have been resolved.

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