23/12/09 - Report to Ceann Comhairle re European Elections of 5 June 2009 (pdf and text versions)

Election Expenses

7.1  Spending limits for the European Parliament elections

The spending limits at the European Parliament elections were €230,000, inclusive of VAT,  per candidate in each constituency. 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. The spending limit applies to all expenses incurred and payments made on property, goods or services which are used for election purposes during the "election period". At a European election, the election period starts on the date of the order appointing polling day and ends on polling day itself. The election period for the 2009 European election ran from 29 April to 5 June 2009.

7.2  Definition of election expenses

The Electoral Act defines election expenses and the Standards Commission's Guidelines further clarify the term. 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. 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.

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,  (i.e., by 31 July 2009 in this instance).

Failure to furnish an Election Expenses Statement and Statutory Declaration within 56 days of polling day is an offence under the Electoral Act. Two candidates failed to furnish Election Expenses Statements and Statutory Declarations.

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 42 Election Expenses Statements received, a number had to be returned for amendment and were subsequently returned to the Standards Commission.

Total expenditure disclosed in the European Parliament elections amounted to €3,772,176.46. Details of the expenses incurred by election agents and national agents on individual candidates at the elections is set out in Appendix III to this report.  A breakdown of such expenditure 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.

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