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

Chapter 12 Election Expenses Statements received

Election agents

As stated in Chapter 10 above, election agents of candidates at the European election were required to furnish their Election Expenses Statements and supporting documentation to the Standards Commission by 6 August 2004. Thirty four election agents furnished their Election Expenses Statements by the statutory deadline.

On 16 August 2004, the Standards Commission issued a reminder to six election agents whose Election Expenses Statements were still outstanding at this point. On 23 August the Standards Commission sent a second reminder to four election agents whose Election Expenses Statements had not yet been received. Both reminders drew attention to the fact that it is an offence to fail to furnish an Election Expenses Statement by the statutory deadline.

On 30 August 2004 two Election Expenses Statements were still outstanding. A final reminder issued on that date to the agents concerned. The agents were advised that if an Election Expenses Statement was not received within seven days, the Standards Commission would consider referring the matter for possible prosecution.

On 13 September 2004, the Standards Commission wrote to An Garda Síochána requesting that they investigate the failure of Mr. David Williams, Bindon Street, Ennis, Co. Clare to furnish an Election Expenses Statement. (Mr. Williams acted as election agent for Ms. Madeleine Taylor Quinn (FG) at the election.) An Election Expenses Statement was received from Mr. Williams on 27 October 2004. An Garda Síochána was informed of the position.

National agents

Five of the Election Expenses Statements furnished by national agents were received by the statutory deadline. On 16 August 2004, the Standards Commission wrote to the national agents of two political parties drawing their attention to the fact that an Election Expenses Statement had not been received and advising them that it is an offence to fail to furnish an Election Expenses Statement by the statutory deadline. On 23 August 2004 the Standards Commission issued another reminder to these national agents regarding their Election Expenses Statements which were still outstanding.

A final reminder issued on 30 August 2004 to the national agent of the Socialist Party, Mr. Kevin McLoughlin, advising him that if an Election Expenses Statement was not received within seven days, the Standards Commission would consider referring the matter for possible prosecution. On 7 September 2004 a letter was received from Mr. McLoughlin confirming that he did not incur any expenditure at the European election. Having considered the requirements of section 36 of the Electoral Acts and given that Mr. McLoughlin had not incurred any expenditure at the election, the Standards Commission decided that it was not necessary for him to complete an Election Expenses Statement form.

General observations

As required by section 4(1) of the Electoral Acts, the Standards Commission considered the Election Expenses Statements furnished by candidates' election agents and the national agents of political parties. Of the 50 Election Expenses Statements received 35 (31 election agent and 4 national agent) 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.

As outlined in paragraph 2.13 above, the legislation provides that where the Standards Commission considers that there may be a minor error or omission in an Election Expenses Statement, it may afford the person who furnished the statement 14 days to rectify the error or make good the omission. On 6 October 2004, two months after the statutory deadline, and almost 4 months after the forms had originally been issued, correctly completed Election Expenses Statements had still not been received from 11 election agents and from the national agent of two political parties.

A letter issued to the agents concerned on 6 October informing them that the Standards Commission intended presenting its report on the election to the Ceann Comhairle. They were informed that if a correctly completed Election Expenses Statement had not been received from them by the time the report went to print, they would be cited in the report as having failed to return a correctly completed Election Expenses Statement. The last of the outstanding Election Expenses Statements which had been returned for amending was received by the Standards Commission on 2 November 2004

Failure on the part of agents to correctly complete their Election Expenses Statements and delays in making the necessary amendments when their statements are returned to them create a difficulty for the Standards Commission in terms of making its report to the Ceann Comhairle and putting the material on public display in a timely manner. The Standards Commission is conscious of the desirability of having Donation Statements and Election Expenses Statements on public display as soon as possible after the statutory deadline for their receipt. It is of the view, however, that before the material can be laid before the Houses of the Oireachtas and put on public display, it must be satisfied that the information contained therein is correct. To avoid a delay in making the material available, the Standards Commission could allow what it believed to be incorrectly completed returns to be put into the public domain. This is not considered to be a satisfactory manner in which to discharge a statutory duty to the Houses of the Oireachtas and the general public.

Details of the expenses disclosed by candidate's election agents and the national agents of political parties are contained in Appendices 4 - 8 of this report.

Overspending

The Electoral Acts provide that an election agent will be deemed to have overspent at the election if he/she:

a) exceeds the statutory expenditure limit applicable to the candidate at the election, or

b) exceeds the amount of the expenditure limit retained by the candidate (the candidate having assigned a portion of his/her expenditure limit to the party).

A national agent of a political party will be deemed to have overspent at the election if he/she:

a) incurs expenditure which exceeds the total amount assigned to the party by its candidates, or

b) incurs expenditure on a particular candidate which exceeds the amount assigned by that candidate to the party.

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.

Late claims

The legislation provides that all claims for payment of election expenses must be delivered to the election agent or national agent concerned within 45 days after polling day which, in the case of the European election, was 26 July 2004. Claims for payment received after this date may not be paid by the election agent or national agent concerned. It is an offence for an election agent or a national agent to pay a claim for election expenses which was not received by 26 July 2004. Although late claims may not be paid, they must be accounted for as election expenses by the agent concerned in his/her Election Expenses Statement.

One election agent, Mr. Noel McGinley (election agent for Deputy Jim McDaid), accounted for a late claim in his Election Expenses Statement.

Disputed claims

The legislation provides that where a claim for payment of election expenses is disputed by an election agent or national agent, details of the disputed claim should be provided in the Election Expenses Statement. The agent is not required to account for the amount which is in dispute when calculating the total amount of election expenses incurred. If and when the dispute is resolved, the agent is required to notify the Standards Commission of the amount agreed as payable by him/her and, if necessary, amend his/her Election Expenses Statement. If the dispute is resolved by means of a court order, a copy of the court order must be furnished to the Standards Commission.

One election agent, Ms. Olwyn O'Malley (election agent for Ms. Patricia McKenna), accounted for a disputed election expense in her Election Expenses Statement. Ms. O'Malley has been requested to notify the Standards Commission if and when the matter in dispute is resolved.

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

The election agents of six candidates accounted for the use of property, goods or services where the costs were met out of public funds. The national agent of the Labour Party also accounted for such use. Details are provided in Appendix 11 to this report.

The Standards Commission is in contact about this matter with two of the candidates concerned, Deputies Liam Aylward and Jim McDaid, who were office holders at the time of the election and with the national agent of the Labour Party. The matter has also been brought to the attention of the Chairman of the Dáil Committee on Members' Interests and the Chairman of the Seanad Committee on Members' Interests in relation to two Deputies and a Senator who were not office holders at the time of the election.

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