23/12/09 - Report to Ceann Chomhairle Re Dublin Central and Dublin South Bye Elections of 5 June 2009 (pdf and text versions)

7. Election Expenses

7.1   Spending limits for the Dáil bye-elections

The spending limits at the Dáil bye-elections were €37,650 per candidate in Dublin Central (4 seat constituency) and €45,200 per candidate in Dublin South (5 seat constituency). These amounts include VAT. The Electoral Act provides that a candidate may assign part, or all, of the permitted expenditure to the party's national agent. Spending by the national agent on that candidate may not exceed the amount assigned.

7.2  Definition of election expenses

The Electoral Act defines election expenses and the Standards Commission's Guidelines further clarify the term. In the case of a Dáil bye-election, the "election period" is from the date of the order appointing polling day up until polling day.  The election period at the Dáil bye-elections in Dublin Central and Dublin South, therefore, was from 13 May 2009 to 5 June 2009.  The election agents of candidates and the national agents of political parties were therefore required to account for all goods, property or services used for electoral purposes during this period. 

The Electoral Act also defines what are not considered to be election expenses.

7.3       The Kelly case in relation to election expenses where the costs were met out of public funds

Arising from the judgement in Kelly v. Minister for the Environment and Ors. (2002) 4 I.R. 191, where property, services or facilities are used for electoral purposes during the election period and the costs are met out of public funds, such costs must be accounted for as an election expense. As with any other election expense, the use of facilities paid for out of public funds must be authorised by a candidate's election agent. In relation to the bye-elections, it was a matter for the relevant agent and the candidate, in consultation with the provider of the facilities, to determine the value of the use of such facilities for electoral purposes during the election period and to account for this in the Election Expenses Statement.

Prior to the 2007 General Election, the Houses of the Oireachtas Commission provided Guidelines for Members under section 4(4A) of the Houses of the Oireachtas Commission Acts 2003 to 2006, which deal with the provision of services and facilities following a dissolution of Dáil Éireann. The Guidelines included a Schedule of Charges. There is no provision which allows the Houses of the Oireachtas to use these same procedures when there is no dissolution of the Dáil as in the case of a bye-election.

7.4       Issue and receipt of Election Expenses Statement forms

The Election Expenses Statement must be provided to the Standards Commission within 56 days after polling day at a Dáil bye-election (i.e., by 31 July 2009 in this instance).

An Election Expenses Statement form and explanatory letter was issued on 19 June 2009 to the election agents of the 17 candidates who contested the bye-elections. Election Expenses Statement forms were issued on 22 June 2009 to the national agents of the seven political parties with candidates contesting the bye-elections.

Six of the 17 election agents furnished their Election Expenses Statements by the statutory deadline. The remaining 11 election agents furnished their Election Expenses Statements later. Five of the seven Election Expenses Statements furnished by national agents were received by the statutory deadline of 31 July 2009, while the remaining two Election Expenses Statements were received later.

Failure to furnish an Election Expenses Statement and Statutory Declaration within 56 days of polling day is an offence under the Electoral Act. The Standards Commission decided, however, not to refer such matters to the Gardaí as, ultimately, no Election Expenses Statement remained outstanding.

7.5            Consideration of Election Agents' and National Agents' Election Expenses Statements

The Standards Commission considered the Election Expenses Statements furnished by candidates' election agents and the national agents of political parties. Where, following consideration of an Election Expenses Statement, the Standards Commission considers that there may be a minor error or omission, it may notify the person who furnished the statement of the error or omission and afford him/her 14 days to rectify the error or make good the omission. Of the 24 Election Expenses Statements received (17 election agent and 7 national agent) 19 forms were considered to have been incorrectly completed and were returned by the Standards Commission to the agents concerned for appropriate amendments to be made. The last of the amended Election Expenses Statements was received by the Standards Commission on 12 November 2009.

Total expenditure disclosed in the two bye-elections amounted to €259,759.95. Details of the expenses incurred by election agents and national agents on individual candidates at the Dáil bye-elections are set out in Appendix III to this report.  A breakdown of the expenses incurred by election agents and national agents is provided in Appendix IV to this report.

7.6   Overspending

In considering the Election Expenses Statements furnished to it, the Standards Commission found no evidence of any election agent or national agent having overspent at the election.

7.7    Use of property, goods or services where the costs were met out of public funds

Where goods, property or services were used for electoral purposes at the Dáil bye-elections during the election period and the costs were met from public funds, such costs were subject to the expenditure limit applying at the election and had to be accounted for as election expenses by the election agents and national agents concerned. The election agents of three candidates accounted for such costs. Details are given in Appendix III to this report .

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