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

Reporting and other responsibilities of the Standards Commission in relation to the European election

2.13 Consideration of statutory returns

Section 4(1) of the Electoral Acts requires the Standards Commission to consider every Donation Statement, Election Expenses Statement and notification of receipt of an anonymous donation furnished to it and, where it considers it appropriate to do so, to furnish a report in writing to the Ceann Comhairle on any matter arising in relation to such statements. In accordance with section 4(5) of the Electoral Acts all such reports furnished by the Standards Commission must be laid before the Houses of the Oireachtas.

Where, following consideration of a Donation Statement or an Election Expenses Statement, the Standards Commission considers that there may be a minor error or omission, it may, pursuant to section 4(2) of the Electoral Acts, 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.

Where, following consideration of a Donation Statement or an Election Expenses Statement, the Standards Commission considers that a contravention of the legislation may have occurred, it is required under Section 4(3) of the Electoral Act 1997 to notify the person who furnished the statement of the possible contravention and afford him/her 14 days to furnish any comments he/she may have. The Standards Commission must consider any comments provided by the person. If, having considered such comments, the Standards Commission continues to be of the opinion that a contravention of the legislation may have occurred, it must furnish a report on the matter, together with any relevant documentation, to the Director of Public Prosecutions.

Section 4(4) of the Electoral Acts provides that the Standards Commission may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing which the Standards Commission may require for the purposes of carrying out its duties under the Electoral Acts.

2.14 Provision of guidelines and advice

Sections 4(6) and 4(7) of the Electoral Acts provide that the Standards Commission may publish guidelines or give advice to any person to whom a provision of the Electoral Acts applies.

Section 4(8) requires the Standards Commission, when requested to do so, to give advice within 21 days or to notify the person concerned of its decision to decline to give the advice. In accordance with section 4(11) of the Electoral Acts a person must act in compliance with the advice given or guidelines published, unless by so doing he/she would be contravening another provision of the Electoral Acts.

2.15 Placing information in the public domain

The Standards Commission is required under section 24(7)(a) of the Electoral Acts to lay a copy of each Donation Statement received by it before the Houses of the Oireachtas.

The Standards Commission is required under section 28(6)(a) of the Electoral Acts to publish, in Iris Oifigiúil, details of the national agents appointed by each political party.

The Standards Commission is required under section 37(1) of the Electoral Acts to lay a copy of each Election Expenses Statement received by it before the Houses of the Oireachtas.

In accordance with section 73 of the Electoral Acts the Donation Statements and Election Expenses Statements received by the Standards Commission, together with any relevant invoices, receipts or vouchers, must be retained at its office for a period of 3 years and be made available to the public for inspection and copying.

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