11/11/04 - Report to Ceann Comhairle re European elections of 11 June 2004

Chapter 1 Introduction

This report by the Standards in Public Office Commission (the Standards Commission), relating to its supervision of the European Parliament election of 11 June 2004 (European election), is being furnished to the Chairman of Dáil Éireann (Ceann Comhairle) pursuant to the provisions of section 4(1) of the Electoral Act, 1997.

Issues dealt with in the report include :

the disclosure of donations by unsuccessful candidates at the European election;
requirements relating to prohibited donations and the limitation on acceptance by candidates of certain types of donations;
the opening and maintenance of political donations accounts by candidates;
the disclosure of expenditure on behalf of candidates, political parties and "other persons"; and
the reimbursement of election expenses to qualified candidates.

For the purpose of the report

- the Electoral Act, 1997,
- the Electoral (Amendment) Acts, 1998, 2001, 2002,
- the Electoral (Amendment) (No. 2) Act, 2002 and
- the Electoral (Amendment) Act, 2004

are referred to collectively as the Electoral Acts.

Polling for the European election took place on 11 June 2004. This was the second European election to have taken place since the introduction of the Electoral Act, 1997. Significant amendments, however, relating to the opening of political donations accounts and the prohibition on the acceptance of certain types of donations, introduced by the 2001 (Amendment) Act, had not applied at the European election of 1999.

In accordance with the provisions of Part IV of the Electoral Acts, unsuccessful candidates at the European election were required, by 6 August 2004, to furnish to the Standards Commission a Donation Statement, and accompanying documentation, giving details of all donations, with a value greater than €634.87, received by them in relation to the election.

Elected candidates are required, as members of the European Parliament (MEPs), to furnish to the Standards Commission, by 31 January each year, an annual Donation Statement and accompanying documentation. The Donation Statements which will be furnished by MEPs to the Standards Commission by 31 January 2005 will contain details of any donations received by them during 2004 including any donations received in relation to the European election.

In accordance with the provisions of Part V of the Electoral Acts, the election agent of each candidate (successful and unsuccessful) at the European election was required to furnish an Election Expenses Statement to the Standards Commission by 6 August 2004. The Election Expenses Statement must include details of all expenses incurred and payments made by the election agent on behalf of the candidate at the election. An Election Expenses Statement was also required from the national agent of each political party with candidates contesting the election and from "other persons" who may have incurred election expenses at the European election.

Arising from the High Court and Supreme Court judgments in the case of Desmond Kelly and the Minister for the Environment and Local Government, Ireland and the Attorney General (the Kelly Case), where election expenses were incurred at the European election and the costs were met from public funds, such expenses were subject to the expenditure limits applying at the election and were required to be accounted for by the election agent, national agent or "other person" who incurred the expenses.

As well as dealing with the statutory donation and spending returns furnished to it in relation to the European election, the Standards Commission will be commenting in this report on certain other issues concerning the election, in particular:

- the promotion of European election candidates by local elections candidates,
- the use of Oireachtas facilities, in particular pre-paid Oireachtas envelopes, for electoral purposes and
- amendments to the legislation introduced by the Electoral (Amendment) Act, 2004.

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