Donations Statement Euro Elections 2004

The Electoral Acts, 1997 to 2004 (The Electoral Acts) European Parliament Election 11 June 2004 Donation Statements and Statutory Declarations received from unsuccessful candidates at the above election and Election Expenses Statements and Statutory Declarations received from election agents of candidates, national agents of political parties and other persons at the above election

Report by the Standards in Public Office Commission to the Chairman of Dáil Éireann (Ceann Comhairle) in accordance with section 4(1) of the Electoral Acts.

Published by the STANDARDS IN PUBLIC OFFICE COMMISSION November 2004 Standards in Public Office Commission, 18 Lower Leeson Street, Dublin 2. Telephone (01) 6395666 Fax (01) 6395684 e-mail: [email protected] website: www.sipo.ie

Table of Contents

Page No.

Foreword Chapter 1

Introduction

1

Chapter 2

Relevant legislation

3

Chapter 3

Definition of a donation to a candidate at a European election

15

Chapter 4

What are election expenses

17

Chapter 5

Guidelines and advice issued in relation to the European election

21

Chapter 6

Notification of candidates' election agents and the national agents of political parties

22

Chapter 7

Notifications received under section 31(7) of the Electoral Acts

24

Chapter 8

Correspondence with newspapers, etc., regarding section 31(10) of the Electoral Acts

26

Chapter 9

Issues relating to the European election campaign

27

Chapter 10

Statutory forms

33

Chapter 11

Donation Statements received from unsuccessful candidates

35

Chapter 12

Election Expenses Statements received

37

Chapter 13

Reimbursement of election expenses

41

Chapter 14

Laying of Donation Statements and Election Expenses Statements before the Houses of the Oireachtas

41

Chapter 15

Acknowledgement

42

Appendices Appendix 1

Details of candidates, election agents and national agents

Appendix 2

Donations disclosed by unsuccessful candidates (alphabetically)

Appendix 3

Donations disclosed by unsuccessful candidates (by party)

Appendix 4

Expenditure on individual candidates at the European election

Appendix 5

Expenditure by the national agents of political parties at the European election

Appendix 6

Breakdown by category of expenditure accounted for by candidates' election agents

Appendix 7

Breakdown by category of expenditure accounted for by national agents of political parties on the national campaign and on candidates in constituencies

Appendix 8

Summary of total expenditure at the European election

Appendix 9

Details of expenditure incurred by other persons pursuant to section 31(7) of the Electoral Acts

Appendix 10 Details of candidates who qualified for a reimbursement of their election expenses Appendix 11 Details of expenses incurred where the costs were met from public funds

Foreword I am pleased to furnish this report on the European Parliament election of 11 June 2004 to the Ceann Comhairle in accordance with section 4 (1) of the Electoral Act, 1997, as amended (the Electoral Acts). This is the second European Parliament election where the provisions of the Electoral Acts have applied. The Donation Statements and Election Expenses Statements described in the report were furnished to the Standards in Public Office Commission (the Standards Commission) pursuant to sections 24(2)(a) and 36(1)(a) of the Electoral Acts. The Standards Commission considers it to be of the utmost importance that the information contained in the Donation Statements and Election Expenses Statements should be in the public domain. As outlined in the report, the Standards Commission will facilitate dissemination of this information by posting a summary of the material on its website, www.sipo.ie, and by making the material available at its offices for inspection and copying.

____________________ Justice Matthew P. Smith Chairman

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.

Chapter 2 Relevant legislation Disclosure of donations Part IV of the Electoral Acts provides a framework for dealing with donations received by candidates at a European election. The provisions of Part IV which are relevant to the supervisory role of the Standards Commission at a European election are set out below. 2.1. Definition of a donation to a candidate at the European election Section 22(2)(a) of the Electoral Acts provides that a donation to a candidate at the European election means any contribution given for political purposes by any person, whether or not the person is a member of a political party. Chapter 3 below sets out those matters which are regarded as donations to a candidate at a European election. Section 22(2)(aa) of the Electoral Acts specifies that, in relation to a candidate at a European election, political purposes means: -

to promote or oppose, directly or indirectly, the election of a candidate;

-

to solicit votes for or against a candidate;

-

to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election;

-

to present the comments of a candidate with regard to a policy or policies of a political party or a political group or of another candidate at the election or otherwise.

Section 2 of the Electoral Acts defines a person as: -

an individual;

-

a body corporate (a body corporate and any of its subsidiaries are deemed to be one person);

-

an unincorporated body of persons.

Section 22(2)(b) of the Electoral Acts contains a list of items which are specifically excluded from the definition of a donation. These items are also set out in Chapter 3 below. Section 22(2)(c) of the Electoral Acts provides that a donation made to a

candidate at a European election through an intermediary is deemed to be a donation made to the candidate. This section also provides that where a donation made to a candidate is passed on by the candidate to his/her political party and he/she receives a written acknowledgement of the donation from the party, the donation is deemed to be a donation to the political party. Section 22(2)(d) of the Electoral Acts specifies that where a person makes more than one donation to the same candidate in relation to the same election, the values of the donations must be aggregated and treated as a single donation. 2.2. Disclosure of donations by unsuccessful candidates Under section 24(2)(a) of the Electoral Acts each unsuccessful candidate at a European election is required to furnish to the Standards Commission, within 56 days after polling day, a Donation Statement, and accompanying documentation, indicating whether or not, at any time in relation to the election, the candidate received a donation with a value greater than 634.87. If no such donation was received, the candidate is required to furnish a "nil" return. Where a donation is received, the value and nature of each donation together with the name, a description and the postal address of the donor are required to be disclosed. Section 24(3) of the Electoral Acts provides that each Donation Statement must be accompanied by a Statutory Declaration stating that, to the best of the candidate's knowledge and belief, the Donation Statement is correct in every material respect and that all reasonable action has been taken to ensure its accuracy. The Statutory Declaration is required to be witnessed by a person who is either a practising Solicitor, a Commissioner for Oaths, a Peace Commissioner or a Notary Public. 2.3. Political donations accounts Section 23B of the Electoral Acts provides that a candidate at a European election who receives a monetary donation which exceeds 126.97, must open and maintain an account in a financial institution in the State and lodge that donation, and any further monetary donations received of whatever value, to that account (this is referred to as a political donations account). When furnishing his or her Donation Statement and Statutory Declaration, an unsuccessful candidate who was required to open a political donations account must complete and furnish to the Standards Commission a Certificate of Monetary Donations which confirms that all monetary donations were lodged to the account and that all drawings from the account were used for political purposes. The Certificate of Monetary Donations must be accompanied by a separate Statutory Declaration signed by the candidate declaring that the Certificate is correct in every material respect and that all reasonable action has been taken to ensure its accuracy. The Statutory Declaration must be witnessed by a person who is either a

practising Solicitor, a Commissioner for Oaths, a Peace Commissioner or a Notary Public. The Certificate of Monetary Donations must also be accompanied by a statement, provided by the financial institution where the political donations account was opened, specifying the transactions that took place in relation to the account during the period beginning on the date of opening the account and ending on polling day. In accordance with the legislation, the Certificates of Monetary Donations and their accompanying Statutory Declarations and the statements from financial institutions are not laid before the Houses of the Oireachtas and are not available for public inspection. 2.4. Prohibited donations a)

Anonymous donations

Under section 23(1) of the Electoral Acts acceptance of an anonymous donation exceeding a value of 126.97 is prohibited. A donation is anonymous if a candidate does not know the name and address of the donor. If a prohibited anonymous donation is received by a candidate, the Standards Commission must be notified by the candidate within fourteen days of its receipt. The donation, or its value, must also be remitted by the candidate to the Standards Commission. The Standards Commission is required to lay a copy of any such notification before both Houses of the Oireachtas and to dispose of the donation as directed by the Minister for Finance. b)

Donations in excess of the prescribed limit

Section 23A(1) of the Electoral Acts provides that the maximum value of donation(s) which may be accepted by a candidate at a European election from a particular person in a particular calendar year, either directly or through an intermediary, is 2,539.48. Where a person makes more than one donation to a candidate in a particular year, the values of the donations must be aggregated for the purpose of observing the maximum limit. Section 23A(4) provides that the limit of 2,539.48 does not apply to a constituency office provided to the candidate by a person or, if more than one such office is provided, to whichever of the offices is nominated in writing by the candidate. Section 23A(5) provides that where a donation is received and is prohibited because its value is over the limit, the candidate must notify the Standards Commission within 14 days of its receipt and remit the donation, or that part of a monetary donation which is over the limit, to the Standards Commission. As an alternative, the candidate may, within 14 days of its receipt, return the donation, or that part of a monetary donation which is over the limit, to the donor and keep a

written record of that return for the purpose of its being furnished to the Standards Commission, if required. c)

Foreign donations

Section 23A(2) of the Electoral Acts provides that a candidate at a European election must not accept a donation, of whatever value, given by an individual (other than an Irish citizen) who resides outside the island of Ireland or by a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland from which the carrying on of one or more of its principal activities is directed (hereafter referred to as a foreign donation). Section 23A(5) provides that where a foreign donation is received it must be notified and remitted by the candidate to the Standards Commission within 14 days of its receipt. As an alternative, the candidate may, within 14 days of its receipt, return the donation to the donor and keep a written record of that return for the purpose of its being furnished to the Standards Commission, if required. Unlike anonymous donations, the legislation does not require that copies of notifications received relating to donations exceeding the prescribed limit or foreign donations should be laid before the Houses of the Oireachtas. Similarly the legislation does not prescribe how remittances of such donations to the Standards Commission are to be disposed of. 2.5. Offences and penalties relating to the receipt of donations Section 25 of the 1997 Act sets out the following offences and penalties in relation to donations : a)

Failure to furnish a Donation Statement and Statutory Declaration and, where required to, a Certificate of Monetary Donations and Statutory Declaration and accompanying statement from a financial institution, within 56 days of polling day. The penalty for this offence is a fine of up to 1,269.74 with a further fine of up to 126.97 per day for each day, after a conviction, on which the material is still outstanding.

b)

Knowingly furnishing a Donation Statement or Statutory Declaration, Certificate of Monetary Donations or Statutory Declaration or a statement from a financial institution which is false or misleading in a material respect. The penalty is a fine of up to 25,394.76 and/or up to 3 years imprisonment.

c)

Failure to notify the Standards Commission of, or remit to the Standards Commission, an anonymous donation may result in a fine of up to 1,269.74.

d)

Failure to notify the Standards Commission of, or remit, as appropriate, to the Standards Commission, or return, as appropriate, to the donor, a foreign donation or a donation which is in excess of the prescribed limit, may result in a fine of up to 1,269.74.

Election spending Part V of the Electoral Acts sets out the basis on which expenses may be incurred on behalf of candidates and political parties at a European election. The provisions of Part V which are relevant to the supervisory role of the Standards Commission at a European election are set out below. 2.6 Definition of election expenses Section 31(1) of the Electoral Acts, by reference to paragraph 1 of the Schedule to the Electoral Acts, provides a definition of what are election expenses. This is set out in more detail in Chapter 4 below. Section 31(2) of the Electoral Acts provides that where a donation of property, goods or services is received free or below cost, and is used at the election during the election period, it is regarded as an election expense which must be accounted for at its full commercial price, subject to an allowance for any normal or general discount. Paragraph 2 of the Schedule to the Electoral Acts provides a list of items which are not regarded as election expenses. These items are also set out in Chapter 4. Section 31(3) of the Electoral Acts provides that in the case of a European election, the "election period" is from the date of the order appointing polling day up until polling day. The election period at the 2004 European election was from 7 May 2004 to 11 June 2004. The election agents of candidates and the national agents of political parties were required to account for all goods, property or services used for electoral purposes during this period. Section 34 of the Electoral Acts provides that payment must not be made in respect of any election expense incurred at a European election if a claim for payment has not been received by the relevant agent within 45 days of the date of the election. The election expense must, however, be accounted for in the Election Expenses Statement. Section 35 of the Electoral Acts provides for the resolution of disputes relating to claims for payment of election expenses which were received within the 45 day period. 2.7 Appointment of agents Each political party with candidates contesting a European election is required under section 28(1) of the Electoral Acts to appoint a national agent for the purpose of incurring expenditure on the party's behalf at the election. The party must notify the Standards Commission of the name and office address of the national agent. The Standards Commission publishes details of the national agents appointed by each political party in Iris Oifigiúil.

Each candidate at the European election is required under section 28(2) of the Electoral Acts to appoint an election agent for the purpose of incurring expenditure on the candidate's behalf at the election. A candidate may act as his/her own election agent. In such circumstances, the candidate will be subject to the provisions of the legislation both as a candidate and as an election agent. The returning officer for each constituency is required under section 28(6)(b) of the Electoral Acts to notify the Standards Commission of the names and addresses of the candidates standing for election in the constituency together with details of the election agents appointed by those candidates. Pursuant to section 28(4) of the Electoral Acts a candidate or a political party may revoke the appointment of an election agent or a national agent and, in accordance with section 28(5) of the Electoral Acts, appoint another person to act as election agent or as national agent. In accordance with section 31(5) of the Electoral Acts, election agents and national agents may authorise (within specified financial limits) other persons to incur expenditure on their behalf at a European election. Election agents and national agents must account for expenditure incurred by such authorised persons. 2.8 Spending limits for the European election Section 33(1)(a) of the Electoral Acts provides that the Minister for the Environment, Heritage and Local Government may make an order determining the spending limits for a European election. An order (Statutory Instrument Number 87 of 2004), setting the spending limit for the 2004 European election at 230,000 per candidate, inclusive of VAT, was made by the Minister on 3 March 2004. In accordance with section 33(1)(b) of the Electoral Acts, a candidate of a political party may assign part, or all, of his/her expenditure limit to a political party for spending by the party's national agent. The amount assigned to the party must be agreed in writing between the party and the candidate. It should be noted that the legislation is not specific with regard to when this assignment should be made. It would be prudent and good practice to agree the amount to be assigned before any expenses are incurred in relation to the election. There is no obligation on a candidate to assign any part of the spending limit to the political party. Under section 33(3) of the Electoral Acts the total amount available to the national agent of a political party to spend at the election is the sum of the amounts assigned by each of the party's candidates to the party. Whatever amount is assigned to the party by a candidate is not available for spending by the candidate's election agent. Total expenditure in respect of a candidate by both the candidate's election agent and the party's national agent may not exceed the spending limit applying to the candidate.

2.9 Election Expenses Statements The national agent of a political party, the election agent of a candidate and any person incurring election expenses pursuant to section 31(7) (referred to at paragraph 2.16 below) is required under section 36 of the Electoral Acts to furnish an Election Expenses Statement to the Standards Commission. The Election Expenses Statement must be provided within 56 days after polling day at a European election. The Election Expenses Statement must show all election expenses incurred by the agent or person at the election (including expenses incurred by "authorised persons"). It must also include details of items which were provided free or below cost as well as details of any claims which are in dispute and details of claims for payment which were not received within 45 days after polling day. Section 31(9) of the Electoral Acts provides that a receipt, invoice or voucher must be provided for every payment of an election expense exceeding 126.97. Section 36(2) of the Electoral Acts provides that an Election Expenses Statement must be accompanied by a Statutory Declaration stating that, to the best of the agent's knowledge and belief, the Election Expenses Statement is correct in every material respect and that all reasonable action has been taken to ensure its accuracy. 2.10 Overspending In accordance with sections 40(b) and 43(2)(a) of the Electoral Acts an election agent will have overspent at the election if the amount of expenditure incurred by him/her exceeds the amount of the expenditure limit retained by the candidate pursuant to section 33(1)(b) of the Electoral Acts referred to in paragraph 2.8 above. The national agent of a political party will have overspent if the total amount of expenditure incurred by him/her exceeds the total sum assigned to the party by the party's candidates pursuant to section 33(2) of the Electoral Acts referred to in paragraph 2.8 above. A national agent will also be deemed to have overspent if the amount of expenditure incurred by him/her on a particular candidate exceeds the amount assigned to the party by that candidate. The consequences of an overspend by an election agent or a national agent at the election are : i)

it is an offence punishable by a fine of up to 1,269.74 (section 43(2)(a) and 43(5) of the Electoral Acts);

ii)

a person can petition the High Court to set aside the result of the election (section 45 of the Electoral Acts);

iii)

where the overspend has been incurred by the national agent of a political party the amount of the overspend may be deducted from any payment which

may be due to the party from the Exchequer under the Electoral Acts (section 40(a) of the Electoral Acts); iv)

where the overspend has been incurred by the candidate's election agent the amount of the overspend may be deducted from any reimbursement of election expenses due to the candidate under section 21 of the Electoral Acts (section 40(b) of the Electoral Acts).

2.11 Offences and penalties relating to spending at a European election Section 31(8A) provides that it is an offence by a candidate or a political party to fail to furnish to the candidate's election agent or to the national agent of the political party, as appropriate, relevant details of expenses incurred before the appointment of the agent, in sufficient time to enable the agent to carry out his or her duties. There is no penalty specified in the legislation in relation to this offence. In addition to the above offence, the following offences and penalties are provided for in section 43 of the Electoral Acts: -

Where a person, who is not authorised to do so (including the candidate after the appointment of his/her election agent), incurs expenditure or makes a payment in relation to the election, he or she, on conviction, can be fined up to 1,269.74.

-

The penalty if an election agent or national agent is found guilty of the offence of breaching the expenditure limits is a fine of up to 1,269.74.

-

Payment of claims by an election agent or national agent which were received more than 45 days after polling day can result in a fine of up to 1,269.74.

-

Failure to make such enquiries and maintain such records as are necessary for the purpose of furnishing an Election Expenses Statement and making a Statutory Declaration may result in a fine of up to 1,269.74.

-

Failure by an election agent, a national agent or "other person" (notified to the Standards Commission in accordance with section 31(7) of the Electoral Acts) to furnish an Election Expenses Statement and Statutory Declaration to the Standards Commission by the statutory deadline can result in a fine of up to 1,269.74 and an on-going fine of up to 126.97 per day for each day, after a conviction, on which the material is still outstanding.

-

If requested to furnish to the Standards Commission supplementary information in relation to an Election Expenses Statement, failure to do so can result in a fine of up to 1,269.74.

-

If an election agent, a national agent or "other person" (notified to the Standards Commission in accordance with section 31(7) of the Electoral Acts) knowingly furnishes a false or misleading Election Expenses Statement to the Standards Commission the penalty is a fine of up to 25,394.76 and/or up to 3 years imprisonment.

-

Failure to furnish to the Standards Commission, within 7 days after the date of the order, a copy of a court order for the payment of a disputed claim may result in a fine of up to 1,269.74.

-

The penalty for a publisher of a newspaper, etc., who is found guilty of publishing any advertisement or notice in relation to the European election, in contravention of section 31(10) of the Electoral Acts, is a fine of up to 1,269.74.

2.12

Reimbursement of election expenses

Section 21(2) of the Electoral Acts provides that the Minister for the Environment, Heritage and Local Government may make regulations providing for the reimbursement of election expenses to qualified candidates at a European election. Regulations (Statutory Instrument No. 122 of 1999) made by the Minister for the Environment and Local Government on 5 May 1999 applied in relation to the 2004 European election. These regulations provide for a reimbursement of up to 38,092.14 (IR£30,000) to qualified candidates. In order to qualify, candidates at a European election must either: (i)

have been elected, or

(ii)

if not elected, have exceeded, at any stage of the counting of votes at the election, one quarter of the quota for the constituency.

The maximum amount which may be reimbursed to a qualified candidate is the lesser of 38,092.14 or the actual expenses incurred on the candidate. Expenses incurred by a political party on a qualified candidate in his/her constituency are reckonable under section 33(5) of the Electoral Acts for the purposes of calculating the amount which may be reimbursed to the candidate. A candidate must apply to the Standards Commission for a reimbursement of his/her election expenses. Section 21(d) of the Electoral Acts provides that the Standards Commission must certify to the Minister for Finance that a reimbursement of election expenses may be paid and must provide details to the Minister of the amount to be reimbursed.

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.

Other relevant provisions 2.16 "Third parties" and "other persons" A "third party" is defined under section 22(2)(aa) of the Electoral Acts as a person, other than a registered political party or a candidate at an election, who receives a contribution for political purposes which exceeds 126.97 in value. As soon as may be after the receipt by it of a donation valued in excess of 126.97 a third party is required under section 23(c) of the Electoral Acts to register with the Standards Commission. Third parties are also subject to the requirements of the legislation concerning the opening and maintenance of political donations accounts and the acceptance of prohibited donations. The maximum donation which can be accepted by a third party from the same donor in any given year is 6,348.69. Section 31(6) of the Electoral Acts provides that where election expenses are incurred at a European election by a body which i)

was established by or on behalf of a political party or candidate for the purposes of incurring election expenses or making payments in respect of election expenses, or

ii)

is a member of or is a branch or subsidiary organisation of a political party, or

iii)

is effectively controlled by a political party or candidate or is or appears to be so connected with or associated with a political party or candidate that a reasonable person would believe that it is controlled or substantially influenced by that political party or candidate,

the expenses will be deemed to have been incurred on behalf of the candidate or party concerned and must be accounted for by the relevant election agent or national agent. A person (including a "third party") who intends incurring expenditure at a European election and who is not the national agent of a political party, the election agent of a candidate or a person authorised by either agent to incur election expenses, must, pursuant to section 31(7) of the Electoral Acts, notify the Standards Commission of the proposed expenditure and provide details of the person proposing to incur the expenditure. Such persons are referred to throughout this report as "other persons". A "third party" who has already registered with the Standards Commission is also

required to notify the Standards Commission in accordance with section 31(7) if it intends to incur election expenses at a European election. Section 31(10) of the Electoral Acts provides that the publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to a European election purporting to promote or oppose, directly or indirectly, the interests of a political party or a candidate at the election, unless requested to do so by one of the following people: -

the national agent of a political party, or a person authorised in writing by such agent. a candidate at the election, a candidate's election agent or a person authorised in writing by such candidate or agent. an "other person" who produces to the publisher a certificate from the Standards Commission confirming that the person has complied with section 31(7) of the Electoral Acts.

Chapter 3 Definition of a donation to a candidate at a European election 3.1 What is included in the definition of a donation to a candidate at a European election Section 22(2)(a) of the Electoral Acts provides that a donation to a candidate at a European election includes all or any of the following: -

a donation of money;

-

a donation of property or goods;

-

the free use of property or goods;

-

a free supply of services;

-

the difference between the commercial price and the (lower) price charged for the purchase, acquisition or use of property, goods or services;

-

a donation received by way of a contribution made to the net profit from a fund-raising event organised for the purpose of raising funds for a candidate. Where a fund-raising event is organised by a candidate's political party to raise funds for the party, contributions to the event are considered to be a donation to the party, even if the funds are subsequently used to support the candidate.

3.2 What is excluded from the definition of a donation to a candidate at a European election The list of items provided for in section 22(2)(b) of the Electoral Acts which are not regarded as a donation to a candidate are as follows: -

free post service provided by An Post to candidates under rule 22 of the Second Schedule to the European Parliament Elections Act, 1997;

-

any payment, service or facility provided to a candidate out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party, pursuant to specified legislation, by virtue of the candidate being: -

a representative in the European Parliament; a member of the Dáil or Seanad; the holder of a qualifying office or position; the holder of an elective or other public office; or

-

a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party;

-

a free service provided by an individual, including use of the individual's motor vehicle, private telephone, etc., where the service provided is not part of the individual's work or business;

-

a service provided at a European election by an employee of a political party, including use of the individual's motor vehicle, where the employee's remuneration is paid out of party resources or out of public funds and where the employee is not in receipt of any reward or benefit in kind other than his or her normal remuneration (including recoupment of expenses) for that service;

-

normal media coverage and the transmission on radio or television of a broadcast on behalf of the candidate; and

-

expenses incurred or payments made by a political party on behalf of the candidate;

NOTE: Money given directly by a political party to a candidate is regarded as a donation to the candidate. Election expenses incurred or payments made by a support group, other than a political party, on a candidate's behalf are also regarded as donations to a candidate.

Chapter 4 What are election expenses 4.1 Definition of what constitutes election expenses The Electoral Acts provide that election expenses are those and only those set out in paragraph 1 of the Schedule to the Electoral Acts, which are incurred on the provision of property, goods or services for use at the election during the election period in order: (i)

to promote or oppose the interests of a political party or the election of a candidate, or

(ii)

to present the policies of a political party or the comments of a political party on the policies of another political party or a candidate at the election, or

(iii) to solicit votes for or against a candidate at an election, or (iv) to present the policies of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policies of a political party or another candidate at the election, or (v)

otherwise to influence the outcome of the election.

The provision of property, goods or services free or below cost which are used at the election during the election period is regarded as an election expense which must be accounted for at full commercial price, subject to an allowance for any normal or general discount. A definition of the election period is provided in paragraph 2.6 above. The expenses set out in paragraph 1 of the Schedule to the Electoral Acts are as follows: (a)

Advertising (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with preparing, producing, distributing or otherwise disseminating such advertising.

(b) Publicity. Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.

(c)

Election posters. Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters.

(d) Other election material. Expenses in respect of such material include the design, production, printing and dissemination of such material (other than posters), including canvas cards, election leaflets, election manifestos, newsletters and other promotional election material. (e)

Office and stationery. Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.

(f)

Transport and travel. Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs, taxi and hackney services and courier services.

(g) Market research. Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election (which in the case of the 2004 European election was 12 April 2004) by or on behalf of a political party, a political group or a candidate at the election. (h) Campaign workers. Expenses in respect of that matter include payments to campaign workers, insurance and other costs. 4.2 Matters which are not regarded as election expenses Paragraph 2 of the Schedule to the Electoral Acts provides that the following shall not be regarded as election expenses: (a)

any of the matters referred to in subparagraphs (i) to (v) of section 22(2)(b) of the Electoral Acts as follows: (i)

free post service provided to candidates (i.e. Litir um Thoghcán);

(ii)

any payment, service or facility provided to a person out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party, pursuant to specified legislation, by virtue of the person being:

a representative in the European Parliament; a member of the Dáil or Seanad; the holder of a qualifying office or position; the holder of an elective or other public office; or a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party; (iii) a free service provided by an individual, including use of the individual's motor vehicle, where the service is not part of the individual's work or business, or a service provided at an election by an employee of a political party, including use of the individual's motor vehicle, where the employee's remuneration is paid out of party resources or out of public funds and where the employee is not in receipt of any reward or benefit in kind other than his or her normal remuneration (including recoupment of expenses) for that service; (iv) normal media coverage on radio or television or in newspapers, magazines, etc.; (v)

the transmission on radio or television of a broadcast on behalf of a candidate or a political party;

(b)

election expenses incurred at a previous Dáil, European Parliament or local election which were disclosed in an Election Expenses Statement furnished to the Standards Commission (or its predecessor the Public Offices Commission) or to a local authority;

(c)

any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(d)

necessary travelling expenses incurred by a candidate or an assentor in meeting the requirements of section 46(4A) and (4B) of the Electoral Act of 1992 and section 12(1A) and (1B) of the Electoral Act of 1997;

(e)

the cost of purchasing copies of the register of electors;

(f)

the reasonable living expenses (including accommodation) of a candidate and volunteers working on his or her behalf (the Standards Commission determined that an amount of 50 per person per day (not including accommodation) would be regarded as reasonable living expenses);

(g)

any sum disbursed by any individual out of the individual's own resources for any minor expenses (not exceeding 126.97 in any one payment) lawfully incurred in relation to the election if the said sum is not repaid to the person.

4.3 Implications of the Kelly case in relation to election expenses where the costs were met out of public funds The judgment in the High Court in the Kelly case which was subsequently upheld by the Supreme Court declared paragraph 2(c) of the Schedule to the Electoral Acts invalid and declared paragraph 2(a) of the Schedule invalid insofar as it applies to section 22(2)(b)(ii) of the Electoral Acts. This meant that the matters at paragraphs 4.2(a)(ii) and 4.2(c) above (highlighted in bold), which are stated in the legislation not to be election expenses, are now regarded as election expenses. Where goods, property or services were used for electoral purposes at the European election 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.

Chapter 5 Guidelines and advice issued in relation to the European election In April 2004, pursuant to section 4(6)(a) of the Electoral Acts, the Standards Commission published "Guidelines for European Parliament Election 2004". The guidelines were divided into 4 chapters as follows : -

Chapter 1 dealt with the requirements attaching to candidates at the election. Chapter 2 concerned the duties and responsibilities of the election agents of candidates with regard to spending at the election. Chapter 3 set out the duties and responsibilities attaching to the national agents of political parties with candidates contesting the election. Chapter 4 outlined the rules relating to "third parties", "other persons" and the publishers of newspapers, magazines, etc., in connection with the European election.

The guidelines had five appendices. Appendix 1 contained legal definitions of terms used in the guidelines. Appendix 2 provided advice regarding the treatment of the proceeds of fund-raising events. Appendix 3 provided examples of what are normally accounted for as election expenses while Appendix 4 gave examples of items which are often incorrectly included as election expenses. Appendix 5 to the guidelines was a sample Election Expenses Statement form. Circulation of the guidelines began immediately to all candidates and election agents whose details were known to the Standards Commission at the time. Circulation to other candidates and their election agents continued as and when they became known to the Standards Commission through either direct contact, media coverage or from details provided by the returning officers for the various constituencies (see Chapter 6 below). The published guidelines were also sent to the national agent of each political party and to "other persons" who notified the Standards Commission of their intention to incur election expenses in accordance with section 31(7) of the Electoral Acts (see Chapter 7 below). The Standards Commission is satisfied that a copy of the guidelines was furnished to all relevant persons. Representatives of the Standards Commission visited each of the four constituencies during the election campaign and met with candidates and election agents to provide advice and assistance regarding the requirements of the legislation. Campaign offices were visited and samples of election material were provided to the Standards Commission. Representatives of the Standards Commission also met with some candidates and election agents after the election to ensure, as far as possible, an accurate and prompt completion of statutory forms and to facilitate the processing of applications from candidates seeking reimbursement of election expenses. The Standards Commission is grateful to candidates, election agents and national agents for their courtesy and assistance during the course of the constituency visits.

Chapter 6 Notification of candidates' election agents and the national agents of political parties Election agents In accordance with section 28 of the Electoral Acts each candidate at a European election is required to appoint an election agent for the purpose of incurring election expenses on his/her behalf. A candidate may act as his/her own election agent. Section 28 also provides that the returning officers for each European constituency must notify the Standards Commission of all candidates contesting the election in the constituency and provide details of the election agents, if any, appointed by those candidates. Returning officers are also required to inform the Standards Commission if they are notified by a candidate that the appointment of an election agent has been revoked and a new election agent appointed. The Standards Commission wrote to the four returning officers on 4 May 2004 requesting that he/she provide details of each candidate contesting the election in the constituency and details of the election agents appointed by those candidates. To ensure that the guidelines were circulated as quickly as possible to all candidates and their election agents, the Standards Commission requested returning officers to fax or e-mail the relevant information to it as soon as possible after nominations for the election closed. National agents Section 28(1) of the Electoral Acts requires a political party which has a candidate contesting the European election to appoint a national agent and to notify the Standards Commission of the name and address of the person appointed. The legislation requires that the Standards Commission must be notified of the appointment of a national agent not later than the last day for receiving nominations at the election. If a political party has not provided the relevant information by the last day for withdrawing nominations, the party's appropriate officer (appointed under section 71 of the Electoral Acts) is deemed to have been appointed as the national agent. If no appropriate officer stands appointed, the leader of the party is deemed to have been appointed as the national agent. Six of the seven political parties which contested the election notified the Standards Commission of the appointment of a national agent. As the Christian Solidarity Party failed to notify the Standards Commission of the appointment of a national agent by the last day for withdrawing nominations, the party's appropriate officer was deemed to be appointed as its national agent.

As required under section 6(a) of the Electoral Acts, the Standards Commission published in Iris Oifigiúil, on 1 June 2004, the names and addresses of the national agents appointed, or deemed to have been appointed, by each of the political parties. The candidates, their election agents and the national agents of political parties are set out at Appendix 1 to this report.

Chapter 7 Notifications received under section 31(7) of the Electoral Acts Section 31(7) of the Electoral Acts provides that any person who intends to incur election expenses at a European election, who has not been authorised to do so by either the election agent of a candidate or the national agent of a political party, must, before incurring any such expenses, provide the following information to the Standards Commission: (a)

the name, address and description of the person proposing to incur the expenses,

(b)

a statement of the nature, purpose and estimated amount of such expenses, and

(c)

an indication of the person's connection, if any, with any party or candidate at the election.

It is an offence for a person to whom section 31(7) applies to fail to comply with the above requirements. It should be noted that the requirements of section 31(7) apply only to persons who intend to incur election expenses and are separate and additional to any requirement to register with the Standards Commission as a "third party" under section 23C of the Electoral Acts (see paragraph 2.16 above). It should also be noted that, once a person has complied with the requirements of section 31(7), there is no statutory limit to the amount of expenses which may be incurred by that person at the election. The Standards Commission published a notice regarding the requirements of section 31(7) in the national and local newspapers. The notice appeared in provincial newspapers during the week beginning 3 May 2004, in the national newspapers on Thursday, 6 May 2004 and in the Sunday newspapers on 9 May 2004. The following people notified the Standards Commission in advance of their intention to incur election expenses: 1) 2)

Mr. Jim O'Brien, Head of Office, European Parliament Office, European Union House, 43 Molesworth Street, Dublin 2 and Mr. Alan McPartland, 21 Grange Court, Rathfarnham, Dublin 16

Every person who incurred election expenses pursuant to section 31(7) of the Electoral Acts was required to furnish an Election Expenses Statement to the Standards Commission by 6 August 2004. Mr. O'Brien completed and returned his Election Expenses Statement within the statutory deadline. Mr. McPartland informed the Standards Commission that he had not incurred the intended

expenditure. He was not, therefore, required to complete an Election Expenses Statement. From its monitoring of advertisements and reports in local newspapers, the Standards Commission became aware of activity by the following groups at the European election: 1) 2) 3) 4)

County Monaghan Community Alliance, Ennis General Hospital Development Committee (EGHDC), Nenagh Hospital Action Group (NHAG), and Health Services Action Group.

The Standards Commission wrote to each of the groups drawing their attention to the requirements of section 31(7) and to the requirement to register as a third party if a donation valued in excess of 126.97 was received for political purposes. Having considered the responses of County Monaghan Community Alliance and the Health Services Action Group, the Standards Commission was satisfied that these bodies had not incurred election expenses at the European election. The Standards Commission was of the view, however, that advertisements which were placed by EGHDC with the Clare Champion newspaper and published during the election period, constituted election expenses in that they sought to influence the outcome of the European election. The Standards Commission was of a similar view in relation to a leaflet produced by NHAG. The Standards Commission wrote to both groups enclosing an Election Expenses Statement / Statutory Declaration form (EP/04/EES/TP/OP) for completion. Both groups were advised that, as they had failed to register with the Standards Commission in compliance with section 31(7), an offence under section 43(3) of the Electoral Acts may have been committed. They were informed that if they otherwise complied with the provisions of the legislation, i.e. by providing details of the election expenses incurred, the Standards Commission would not seek to have them prosecuted for the possible offence. An Election Expenses Statement was subsequently received from Senator Kathleen O'Meara on behalf of NHAG and from Mr. Joe Arkins on behalf of EGHDC. The Standards Commission does not propose to take any further action with regard to either group. It is, of course, possible that other individuals and groups incurred expenditure at the election and did not notify, or otherwise come to the attention of, the Standards Commission. If evidence of any such group or individual becomes available, the Standards Commission will take the appropriate action. Details of the expenses incurred by Mr. O'Brien, by Nenagh Hospital Action Group and by Ennis General Hospital Development Committee are provided in Appendix 9 to this report.

Chapter 8 Correspondence with newspapers, etc., regarding section 31(10) of the Electoral Acts Section 31(10) of the Electoral Acts provides that the publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to the European election which purports to promote or oppose, directly or indirectly, the interests of a political party or a candidate at the election, unless requested to do so by either: the national agent of a political party, or a person authorised in writing by such agent, a candidate at the election, his/her election agent or a person authorised in writing by the candidate or agent, or an "other person" who produces to the publisher a certificate from the Standards Commission confirming that he/she has complied with the provisions of section 31(7) of the Act. It is an offence for the publisher of a newspaper, magazine or other periodical publication to fail to comply with the requirements of section 31(10). On 22 April 2004, the Standards Commission wrote to the publishers of over 100 national and local newspapers and to the publishers of a number of magazines and other periodical publications informing them that the provisions of Section 31(10) of the Electoral Acts would apply at the European election. The Standards Commission is satisfied that the majority of publishers of newspapers, etc., complied with the requirements of section 31(10). It was, however, necessary for the Standards Commission to correspond further with the publishers of The Clare Champion. As stated in Chapter 7 above, the Standards Commission was of the view that advertisements which appeared in that newspaper on 21 and 28 May 2004 on behalf of Ennis General Hospital Development Committee (EGHDC) constituted election spending, in that they sought to influence the outcome of the European election. This body had not, at the time, notified the Standards Commission of its intention to incur expenditure at the election and consequently the Standards Commission had not issued a certificate of compliance (with section 31(7)) to it. The Standards Commission wrote to the editor of The Clare Champion on the matter. A reply from the paper's Advertising Manager was received on 14 June 2004. In his reply the Advertising Manager stated that EGHDC includes people of all political parties and was campaigning on what is regarded as a local issue. In view of this and the fact that the advertisements did not specifically refer to any European election candidate, he did not consider, when accepting the advertisements, that they would contravene the provisions of section 31(10). Having reviewed the matter, and being mindful of the fact that the publishers had not intentionally contravened the provisions of section 31(10) of the Electoral Acts, the Standards Commission decided not to take any further action.

Chapter 9 Issues relating to the European election campaign Spending by local elections candidates The Standards Commission has no jurisdiction in relation to expenditure by candidates at local elections. However, where a European election candidate was featured in promotional material which primarily related to local elections candidates, a proportion of the expenditure involved was regarded as an election expense incurred on promoting the candidacy of the European election candidate. A local elections candidate, director of elections, etc., who intended to include a reference to a European election candidate in local elections promotional material should have been authorised to do so by either the European election candidate's election agent or the national agent of the European election candidate's political party. Election agents and national agents at the European election were advised by the Standards Commission to be aware of any such unauthorised expenditure being incurred by local elections candidates. In that regard, election agents of European election candidates, who were contesting the election on behalf of a political party, were advised to write to each of the party's local elections candidates in the European election constituency to advise them of the above requirements. The extent to which a European election candidate was featured in local elections promotional material was used as a basis for calculating the proportion of the election expense which would be attributed to the European election candidate. Where the expense incurred exceeded 126.97 in any one payment it was required to be accounted for in the Election Expenses Statement furnished to the Standards Commission by the election agent or national agent who authorised it. Where the expense incurred did not exceed 126.97 in any one payment the expense was deemed to be a minor expense (see paragraph 4.2(g) above) and was not required to be accounted for in an Election Expenses Statement. It should be noted that, in the majority of cases, the amount of the election expense attributed to a European election candidate would not have exceeded 126.97 in any one payment. As a general rule, where expenditure incurred on promoting a European election candidate is borne by the local elections candidate (as opposed to his/her political party) it is regarded as a donation by the local elections candidate to the European election candidate. Donations from the same local elections candidate to a European election candidate must be aggregated and treated as a single donation for the purposes of observing the disclosure and maximum acceptance limits applying to donations made to European election candidates.

The referendum on Irish citizenship The referendum on Irish citizenship took place on the same day as polling for the 2004 European and local elections. The Standards Commission took the view that where material relating to the referendum included a reference to a person's candidacy at the European election it would be regarded as promoting the candidate. If such material was used during the election period, the cost involved would be regarded as an election expense incurred on the candidate's behalf which must be accounted for by his/her election agent. The Standards Commission is not aware of any references to European election candidates in referendum material which was in evidence during the election period. Cross canvassing Where a European election candidate's election material promoted his/her running mate, it was regarded as election expenditure incurred by the first candidate's election agent on behalf of the running mate. This is known as cross canvassing or strip promotion. In its guidelines for the European election, the Standards Commission recommended that agreements and authorisations be put in place between the election agents of running mates in a constituency to cover cross-canvassing. The proportion of the cost of producing and distributing the material, calculated on the basis of the extent to which the running mate was featured, should be accounted for by the running mate's election agent or by the party's national agent. Where the costs concerned have been borne by the candidate (as opposed to his/her political party) it is regarded as a donation by the candidate to his/her running mate. All such donations must be aggregated and treated as a single donation for the purposes of observing the disclosure and maximum acceptance limits applying to candidates at the election. Where national agents incurred expenditure on material which featured both of the party's candidates in a constituency, the cost of producing and distributing the material was required to be apportioned between the candidates concerned in a manner that reasonably reflects the extent to which each of them was featured in the material. Expenditure incurred by a political party on behalf of its candidates is not regarded as a donation to the candidates. Accounting for costs met out of public funds As stated in paragraph 4.3 above, arising from the judgments in the Kelly case, where goods, property or services were used for electoral purposes during the election period and the costs were met from public funds, such costs were subject to the expenditure limit applying at the European election and were required to be accounted for as election expenses in the Election Expenses Statement furnished by the authorising election agent or national agent.

The Standards Commission was mindful of the fact that some candidates at the European election who were members of the European Parliament or of the Dáil or Seanad or a local authority may have been required during the election period to communicate with constituents on matters connected with their role as public representatives. In that regard, the Standards Commission recognised that it was necessary to distinguish between use of facilities paid for out of public funds in carrying out the normal ongoing duties of a public representative and use of such facilities for purely electoral purposes. The Standards Commission took the view that where facilities were used by a candidate during the election period for the purpose of sending unsolicited election material to any one of the electorate in the constituency and the cost of so doing was met out of public funds, this would be regarded as having been for electoral purposes and the cost would require to be accounted for as an election expense. This would also apply to unsolicited material issued by elected representatives, other than the European election candidate, where the material either promoted or opposed a candidate at the European election or otherwise brought attention to the candidacy. 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 or the national agent of a political party. In relation to the European election, 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 usage for electoral purposes during the election period and to account for this in the Election Expenses Statement. Enquiries received by the Standards Commission regarding the appropriateness of using facilities paid for out of public funds for electoral purposes During the course of the European and local elections, the Standards Commission received a number of complaints from members of the public about the appropriateness of candidates at the elections using facilities for electoral purposes which are paid for out of public funds. For the most part, the complaints related to pre-paid Oireachtas envelopes. As already stated above, in the case of the European election, any such use during the election period (7 May - 11 June 2004) was required to be costed and accounted for as an election expense. In addition to its functions under the Electoral Acts, the Standards Commission has a supervisory role under the Ethics in Public Office Acts, 1995 and 2001 (the Ethics Acts) where that legislation applies to office holders (e.g. members of the Government and Ministers of State) and public servants. One of the requirements of the Ethics Acts is that separate Codes of Conduct for office holders, TDs and Senators and public servants would be drawn up. The Code of Conduct for office holders was drawn up by the Government and published by the Standards

Commission in July 2003, prior to the European election. The Codes for TDs and Senators, which are supervised by the Committee on Members' Interests of each House, were agreed by the Dáil and Seanad in early 2002. Section 2.2.3 of the Code for office holders refers to the fact that office holders "are provided with facilities at public expense in order that public business may be conducted effectively". The section goes on to say that "use of these facilities should be in accordance with this principle". Section 2.2.3 further states that "official facilities should be used only for official purposes" and that "office holders should ensure that their use of officially provided facilities are designed to give the public value for money and to avoid any abuse of the privileges which, undoubtedly, are attached to office". In light of the foregoing, the Standards Commission is strongly of the view that it is not appropriate that office holders should use facilities paid for out of public funds for electoral purposes. Neither is it appropriate that office holders should allow such facilities, which are provided to assist them in discharging their official and representational duties, to be used by others. The Chairman of the Standards Commission wrote to office holders on 5 May 2004 drawing their attention to the relevant provisions of the Code of Conduct and reminding them of the need to comply in all respect with their obligations under the Code. Where a person is of the view that an office holder may not have complied with the Code of Conduct, he/she may make a complaint in writing to the Standards Commission. It is already on record that the Standards Commission had cause to correspond with Minister Noel Dempsey and Minister of State Frank Fahey about the use of official resources for electoral purposes. The Standards Commission concluded that the Code of Conduct for office holders had not been appropriately observed by either Minister. It is understood that, in both cases, a refund was made of the costs involved. Any other such cases coming to the attention of the Standards Commission will be pursued. Provisions similar to those contained in the Code of Conduct for office holders are contained in the separate Codes of Conduct for members of the Houses who are not office holders. As outlined above, supervision of the Ethics Acts in relation to such members is a matter for the Committee on Members' Interests of each House. The Chairman of the Standards Commission wrote to the Chairman of the Dáil Committee on Members' Interests and the Chairman of the Seanad Committee on Members' Interests on 11 May 2004 drawing to their attention the advice given by the Standards Commission to office holders.

The Electoral (Amendment) Act 2004 A potential difficulty arose in relation to the definition of election expenses at a European election following the enactment of section 33 of the Electoral (Amendment) Act, 2004. Section 33 of the 2004 Act provides for the deletion of paragraph 2(a) of the Schedule to the Electoral Acts.

As outlined in paragraph 4.3 above, the judgment in the Kelly case was that section 2(c) of the Schedule to the Electoral Acts was invalid and that section 2(a) of the Schedule insofar as it applies to section 22(2)(b)(ii) of the Act was also invalid. Section 2(a) of the Schedule insofar as it applies to section 46(2)(b) of the Electoral Acts (which are the relevant provisions applying to a presidential election) was not declared invalid by the Court judgment. It was understood from discussions with the Department of the Environment, Heritage and Local Government that legislation would be introduced to amend section 2(a) of the Schedule to the Electoral Acts in order that the Court judgment would also apply to presidential elections. However, as stated above, the amending legislation, section 33 of the Electoral (Amendment) Act, 2004, deleted section 2(a) of the schedule entirely. This meant that the matters referred to at section 22(2)(b)(i -v) of the Electoral Acts (below) were no longer specifically excluded from the definition of election expenses. The free post service provided by An Post to European election candidates. A free service provided by an individual. A service provided by an employee of a political party. Normal media coverage. The transmission on radio or television of a broadcast on behalf of a candidate or a political party. A strict interpretation of section 33 raised the possibility that the above matters could now be regarded as election expenses if they were captured by the definition of election expenses as provided for in section 31 of the Electoral Acts and paragraph 1 of the Schedule to the Electoral Acts (see paragraph 4.1 above). The difficulty was compounded by the fact that the commencement date of section 33 of the 2004 Act was 19 May 2004 which was in the middle of the election period for the European election. Having received legal advice in the matter, the Standards Commission decided that it would not be sensible or appropriate to apply a strict interpretation of section 33 of the 2004 Act in relation to the recording of election expenditure at the European election. If the matters referred to in section 22(2)(b)(i -v) of the Electoral Acts (above) were required to be accounted for as election expenses, it is likely that a large number of candidates' election agents and national agents of political parties would have exceeded their expenditure limits. The Standards Commission decided to proceed on the basis that, as candidates' election agents and the national agents of political parties had conducted their campaigns in accordance with the rules as set out in the Standards Commission's guidelines for the European election, which were published prior to the enactment of Section 33 of the 2004 Act, and as the enactment occurred in the middle of the election period, it would be unreasonable to require them to account for their election expenses on an entirely different basis.

The Chairman of the Standards Commission wrote to the Minister for the Environment, Heritage and Local Government informing him of the position as outlined above in relation to the European election and alerting him to the difficulties that section 33 of the 2004 Act might cause in the context of future elections. The Minister agreed that doubt had been introduced to this area by the terms of section 33 of the 2004 Act. He stated his intention to bring forward, at an appropriate opportunity, legislative proposals to address the position by confirming that the relevant items are not to be regarded as election expenses.

Chapter 10 Statutory forms The Standards Commission produced six forms to cover the requirements of the Electoral Acts in relation to the disclosure of donations by unsuccessful candidates, disclosure of election expenses by candidates' election agents, national agents of political parties and "other persons" and the reimbursement of candidates' election expenses. The forms used by the Standards Commission are as follows : 1. Donation Statement/Statutory Declaration form for unsuccessful candidates (EP/04/DS); 2. Certificate of Monetary Donations/Statutory Declaration for unsuccessful candidates (EP/04/CMD). 3. Election Expenses Statement/Statutory Declaration form for the election agents of candidates (EP/04/EES/EA); 4. Election Expenses Statement/Statutory Declaration form for the national agents of political parties (EP/04/EES/NA); (This form was tailored in each case to include the name, and other details, of the candidate(s) of the party who had contested the election.) 5. Election Expenses Statement/Statutory Declaration form for "other persons" who incurred expenditure at the European Election (EP/04/EES/TP/OP); 6. Application for Reimbursement of Election Expenses form for qualified candidates (EP/04/RA). On 17 June 2004 a Donation Statement/Statutory Declaration form and a Certificate of Monetary Donations/Statutory Declaration form issued to each of the 31 unsuccessful candidates at the election. Candidates were required to return the completed form to the Standards Commission by 6 August, 2004 (the fifty-sixth day after polling day). The 13 successful candidates will be obliged to return a Donation Statement/Statutory Declaration and, if appropriate, a Certificate of Monetary Donations/Statutory Declaration as sitting members of the European Parliament by 31 January, 2005. This is an annual requirement for representatives in the European Parliament. An Election Expenses Statement form and explanatory letter was issued on 17 June 2004 to the election agents of candidates (44) and the national agents of political parties (7) who contested the election. It was required in all cases that completed forms be furnished to the Standards Commission by 6 August, 2004. As stated in Chapter 7 above, Election Expenses Statement forms and explanatory letters also issued to those persons (4) who had either incurred or intended to incur expenditure pursuant to section 31(7) of the Electoral Acts or were deemed by the Standards Commission to have incurred election expenses at the European election.

It is the practice of the Standards Commission not to issue an Application for Reimbursement of Election Expenses form to a qualified candidate until such time as all matters relating to the completion of his/her other statutory returns have been finalised.

Chapter 11 Donation Statements received from unsuccessful candidates 1

Donation Statements and Certificates of Monetary Donations

As stated in Chapter 10 above, unsuccessful candidates at the European election were required to furnish their Donation Statements and, where appropriate, Certificates of Monetary Donations, to the Standards Commission by 6 August 2004. Twenty four of the thirty one unsuccessful candidates returned their Donation Statements by the statutory deadline. On 16 August 2004, the Standards Commission issued a reminder to four unsuccessful candidates whose Donation Statements were still outstanding at this point. On 23 August the Standards Commission sent a second reminder to three unsuccessful candidates whose Donation Statements had not yet been received. Each of these reminders drew attention to the fact that it is an offence to fail to furnish a Donation Statement by the statutory deadline. A third and final reminder issued to the same candidates on 30 August 2004. The candidates were advised that if the Donation 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. Gerard Hannan,13 Salmon Weir, Annacotty, Limerick to furnish a Donation Statement. (The Standards Commission was previously advised by the Office of the Director of Public Prosecutions to deal directly with the Garda authorities, in the first instance, in relation to possible offences under the Electoral Acts.) The Standards Commission understands that An Garda Síochána is investigating the matter. At the time of going to print with this report, a Donation Statement had not been received from Mr. Hannan. General observations As provided by section 4(1) of the Electoral Acts, the Standards Commission considered the Donation Statements furnished by the unsuccessful candidates. Sixteen of the thirty unsuccessful candidates who furnished Donation Statements disclosed that they had received a donation valued in excess of 634.87 in relation to the election. One candidate, Ms. Maire Hainsworth, disclosed a donation of 350 although she was not required to do so. Details of the donations disclosed by unsuccessful candidates at the election are contained at Appendix 2 and Appendix 3 to this report. The Standards Commission was not notified by any candidate at the election of the receipt of an anonymous donation or the receipt of a donation in excess of the prescribed limit. One candidate, Ms. Patricia McKenna (GP), disclosed a donation

from a donor who is resident in the United States. Ms. McKenna confirmed on her Donation Statement that the donor is an Irish citizen. Certificates of Monetary Donations Seventeen of the thirty unsuccessful candidates who furnished a Donation Statement also furnished a Certificate of Monetary Donations. It is assumed that the remaining thirteen candidates who did not furnish a Certificate of Monetary Donations did not receive a monetary donation exceeding 126.97 in relation to the election.

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.

Chapter 13 Reimbursement of election expenses A total of 27 candidates qualified for a reimbursement of election expenses. To qualify for a reimbursement, a candidate must either have been elected or, if unsuccessful at the election, must have received, at any stage of the counting of votes, in excess of one-quarter of the quota in the constituency. The Standards Commission is required to certify to the Minister for Finance that a candidate is eligible for a reimbursement of his/her election expenses and that an Election Expenses Statement, completed in accordance with the provisions of the Electoral Acts and the guidelines published by the Standards Commission, has been furnished to the Standards Commission in relation to the candidate. The Standards Commission is also required to notify the Minister for Finance of the expenditure incurred by each candidate and of the reimbursement due in each case. As stated in Chapter 10 above, it is the practice of the Standards Commission not to issue an Application for Reimbursement of Election Expenses form to a qualified candidate until such time as all matters relating to the completion of his/her statutory returns have been finalised. Reimbursement application forms have been issued to all 27 qualified candidates. Fifteen of these have been returned to the Standards Commission and the necessary certification for payment has been forwarded to the Department of Finance. The qualified candidates and the amounts of the reimbursements due to them are outlined in Appendix 10 to this report.

Chapter 14 Laying of Donation Statements and Election Expenses Statements before the Houses of the Oireachtas The Donation Statements and Election Expenses Statements furnished to the Standards Commission are being laid today by the Standards Commission before each House of the Oireachtas. Copies of the Donation Statements and the Election Expenses Statements are also being made available today for public inspection and copying at the offices of the Standards Commission. A copy of this report and its accompanying Press Release, together with a summary account of donations received and election expenses incurred, will be available on the website of the Standards Commission www.sipo.ie.

Chapter 15 Acknowledgement The Standards Commission would like to acknowledge the co-operation it received from candidates, political parties, election agents and national agents in discharging its statutory functions under the Electoral Acts.

Appendix 1 - Details of candidates, election agents and national agents Dublin Constituency Candidate

Mr. Royston Brady (FF), 26 Moy Elta Road, East Wall, Dublin 3. Deputy Eoin Ryan (FF), 19 Vavasour Square, Dublin 4. Ms. Ivana Bacik (Lab), 17 Ely Place, Dublin 2. Mr. Proinsias de Rossa (Lab), 48 Old Finglas Road, Dublin 9. Deputy Gay Mitchell (FG), 192 Upper Rathmines Road, Dublin 6.

Election Agent

Mr. Dominic Dillane, 91 Marlborough Court, Marlborough Street, Dublin 1. Mr. Aidan Eames, Drumnigh House, Portmarnock, Co. Dublin. Mr. Paul Daly, 2 Glenard Avenue, Dublin 7. Mr. Gerard Gibbons, 6 Aylesbury Lodge, Navan, Co. Meath. Mr. John Mitchell, Fine Gael, 51 Upper Mount Street, Dublin 2.

Ms. Mary Lou McDonald (SF), 58 Parnell Square, Dublin 1.

Mr. Tony Geraghty, 58 Parnell Square, Dublin 1.

Ms. Patricia McKenna (GP), 9 Dargle Road, Drumcondra, Dublin 9.

Ms. Olwyn O'Malley, 13 Northumberland Road, Dublin 4.

Deputy Joe Higgins (SP), 155 Briarwood Close, Mulhuddart, Dublin 15. Mr. Barry Despard (CSP), 7A Lanesboro Gardens, Finglas, Dublin 11. Mr. Paul Doonan (IND), 10 St. Lawrence Quay, Howth, Co. Dublin. Mr. Tom Prendeville (IND), 52 Goldsmith Street, Phibsboro, Dublin 7. Mr. Brendan Price (IND), Tobergregan, Garristown, Fingal, Co. Dublin.

Ms. Fiona O'Loughlin, 61 Colepark Road, Ballyfermot, Dublin 10. Mr. Eamon Murphy, 23 Finglas Road, Glasnevin, Dublin 11. Mr. Eamon Blaney, Boothill, Durras, Cork. Mr. Tom Prendeville

Ms. Mary Price, Tobergregan, Garristown, Fingal, Co. Dublin.

National Agent

Mr. Noel Beecher, Fianna Fáil, 65 - 66 Lower Mount Street, Dublin 2. Mr. Noel Beecher

Mr. Mike Allen, General Secretary, The Labour Party, 17 Ely Place, Dublin 2. Mr. Mike Allen

Mr. Tom Curran, General Secretary, Fine Gael, 51 Upper Mount Street, Dublin 2. Ms. Treasa Quinn, Sinn Féin, 58 Parnell Square, Dublin 1. Mr. Colm Ó Caomhanaigh, c/o The Green Party, Dáil Éireann, Kildare Street, Dublin 2. Mr. Kevin McLoughlin, 33B Stoneybatter, Dublin 7. Mr. Michael Maguire, 26 Ballyroan Crescent, Templeogue, Dublin 16. N/A

N/A

N/A

East Constituency Candidate

Deputy Liam Aylward (FF), Aghaviller, Hugginstown, Co. Kilkenny. Deputy Seamus Kirk (FF), Rathiddy, Knockbridge, Dundalk, Co. Louth. Ms. Mairéad McGuinness (FG), Mentrim, Drumconrath, Navan, Co. Meath. Ms. Avril Doyle (FG), Kitestown, Crossabeg, Co. Wexford. Mr. Peter Cassells (Lab), 15 Infirmary Road, Dublin 7. Councillor Mary White (GP), The Old Rectory, Killedmond, Borris, Co. Carlow. Mr. John Dwyer (SF), Whitemoor, Ryleen, New Ross, Co. Wexford. Mr. Justin Barrett (IND), Springtown, Granard, Co. Longford. Mr. Clifford T. Reid (IND), 2 Graysland, Athy, Co. Kildare. Mr. Eoin Dubsky (IND), White Walls, Ballymoney, Gorey, Co. Wexford. Mr. Seanán Ó Coistín (IND), Portglóráin, Cill Choca, Co. Chill Dara. Mr. Joe Neal (IND), Edenvale Cottage, Ballyboggan, Castlebridge, Co. Wexford. Mr. Liam Ó Gogain (IND), 1 Muirhevna, Dublin Road, Dundalk, Co. Louth.

Election Agent

Mr. Martin Carroll, Donaguile, Castlecomer, Co. Kilkenny. Mr. Sean Connolly, Ghan Road, Carlingford, Co. Louth. Mr. Jim Greene, Carlanstown, Kells, Co. Meath. Mr. Patrick Power, 8 Upper Georges Street, Wexford. Ms. Judy Dunne, 17 Ely Place, Dublin 2. Mr. Robert White, The Old Rectory, Killedmond, Borris, Co. Carlow. Ms. Jackie Russell, 7 Williamsons Place, Dundalk, Co. Louth. Mr. Justin Barrett

National Agent

Mr. Noel Beecher, Fianna Fáil, 65 - 66 Lower Mount Street, Dublin 2. Mr. Noel Beecher

Mr. Tom Curran, General Secretary, Fine Gael, 51 Upper Mount Street, Dublin 2. Mr. Tom Curran

Mr. Mike Allen, General Secretary, The Labour Party, 17 Ely Place, Dublin 2. Mr. Colm Ó Caomhanaigh, c/o The Green Party, Dáil Éireann, Kildare Street, Dublin 2. Ms. Treasa Quinn, Sinn Féin, 58 Parnell Square, Dublin 1. N/A

Mr. Chris Delahunt, 31 Hollands Avenue, Kildare Road, Athy, Co. Kildare. Mr. Eoin Dubsky

N/A

Mr. Seanán Ó Coistín

N/A

Mr. Joe Neal

N/A

Mr. Liam Ó Gogain

N/A

N/A

North West Constituency Candidate

Election Agent

National Agent

Deputy James McDaid (FF), The Forest, Thorn Road, Letterkenny, Co. Donegal. Senator Jim Higgins (FG), Cloonturk, Kilkelly, Co. Mayo.

Mr. Noel McGinley, McGinley Motors, Pearse Road, Letterkenny, Co. Donegal. Mr. Tony Nestor, Nestor & Co., Dalgan House, Oakmount Avenue, Ballyhaunis, Co. Mayo. Mr. David Williams, Bindon Street, Ennis, Co. Clare.

Mr. Tom Curran, General Secretary, Fine Gael, 51 Upper Mount Street, Dublin 2.

Mr. Seán Ó Neachtáin (FF), 42 Prospect Hill, Galway.

Ms. Madeleine Taylor-Quinn (FG), Leadmore, Kilrush, Co. Clare. Mr. Hughie Baxter (Lab), Ballyleague, Lanesboro, Co. Roscommon. Mr. Pearse Doherty (SF), Magheraclogher, Derrybeg, Letterkenny, Co. Donegal. Deputy Marian Harkin (IND), 24 The Park, Strandhill Road, Sligo. Ms. Dana Rosemary Scallon (IND), Gortatleva, Claregalway, Co. Galway. Ms. Marie Hainsworth (IND), Glasbolie, Ballintra, Co. Donegal.

Ms. Donna Comer, 42 Prospect Hill, Galway.

Mr. Noel Beecher, Fianna Fáil, 65 - 66 Lower Mount Street, Dublin 2. Mr. Noel Beecher

Mr. Tom Curran

Mr. Patrick Muldowney, SIPTU District Office, Port Road, Letterkenny, Co. Donegal. Mr. Johnny Walker, Carrickfin, Kincasslagh, Donegal.

Mr. Mike Allen, General Secretary, The Labour Party, 17 Ely Place, Dublin 2. Ms. Treasa Quinn, Sinn Féin, 58 Parnell Square, Dublin 1.

Mr. Michéal Gilmartin, Lisnalurg, Sligo.

N/A

Mr. James Kelly, Carandine, Balla, Co. Mayo.

N/A

Ms. Niamh Wilson, Dunfore, Ballinfull, Co. Sligo.

N/A

South Constituency Candidate

Mr. Brian Crowley (FF), Maryborough Lodge, Maryborough Hill, Douglas, Cork. Mr. Gerard Collins (FF), The Hill, Abbeyfeale, Co. Limerick. Deputy Simon Coveney (FG), 6c Anglesea Street, Cork. Senator Brendan Ryan (Lab), 16 The Orchards, Middle Glanmire Road, Cork. Mr. David Cullinane (SF), 1 Maple Terrace, Lisduggan, Waterford. Councillor Chris O'Leary (GP), 17 Loughmahon Road, Mahon, Cork. Ms. Kathy Sinnott (IND), Saint Joseph's, Ballinabearna, Ballinhassig, Co. Cork. Mr. Gerard Hannan (IND), 13 Salmon Weir, Annacotty, Limerick. Mr. Anthony O'Connor (IND), Dromin, Ballybunion, Co. Kerry. Ms. Lily Moynihan (IND), Robin Hill, Ballincollie Road, Ballyvolane, Cork City.

Election Agent

Mr. Niall Crowley, Maryborough Lodge, Maryborough Hill, Douglas, Cork. Mr. Niall Collins, 3 Mount Russell, Father Russell Road, Dooradoyle, Co. Limerick. Ms. Rachel Dalton, 6c Anglesea Street, Cork. Mr. David Leach, 10 Limeworth, Ballincollig, Co. Cork. Mr. Tom Hanlon, 43 St Joseph's Terrace, Rockenham, Passage West, Co. Cork Deputy Dan Boyle, 99 Douglas Street, Cork. Mr. Padraig O'Feinneadha, Kilmonogue Cottage, Belgooly, Kinsale, Co. Cork. Mr. Gerard Madden, Euro-Surf, Todds Bar, Cruises Street, Limerick. Mr. Anthony O'Connor

Mr. Andrew Moynihan, Robin Hill, Ballincollie Road, Ballyvolane, Cork City.

National Agent

Mr. Noel Beecher, Fianna Fáil, 65 - 66 Lower Mount Street, Dublin 2. Mr. Noel Beecher

Mr. Tom Curran, General Secretary, Fine Gael, 51 Upper Mount Street, Dublin 2. Mr. Mike Allen, General Secretary, The Labour Party, 17 Ely Place, Dublin 2. Ms. Treasa Quinn, Sinn Féin, 58 Parnell Square, Dublin 1. Mr. Colm Ó Caomhanaigh, c/o The Green Party, Dáil Éireann, Kildare Street, Dublin 2. N/A

N/A

N/A

N/A

Appendix 2 - Donations disclosed by unsuccessful candidates (alphabetically) Name

Value of Donation

Nature of Donation

Name and address of Donor

Ms. Ivana Bacik

1,665.00

Cheques

1,000.00 (2003) 2,000.00 (2004)

Cheque Cheques

1,000.00 (2003) 1,000.00 (2004)

Cheque Cheque

1,000.00

Cheque

700.00

Cheque

1,500.00

Cheque

700.00

Donation in kind (advertising space)

1,442.41

Donation in kind (references on literature)

Ms. Catherine Bacik, Bushy Park Road, Dublin 6. Mr. Henry Bacik, Carlingford, Co. Louth. Roderick & Patricia Murphy, De Vesci Terrace, Dun Laoghaire, Co. Dublin. Mr. Diarmuid Hegarty, Griffith College, South Circular Road, Dublin 8. Mr. Frank Shields, Law Library, Four Courts, Dublin 7. Amicus MSF, 15 Merrion Square, Dublin 2. Mr. Trevor White, Wicklow Street, Dublin 2. Mr. Prionsias De Rossa M.E.P., European Parliament Office, Molesworth Street, Dublin 2.

Total Mr. Justin Barrett

12,007.41 1,000.00

Cash / Cheque

1,000.00

Cash / Cheque

2,000.00

Cash / Cheque

1,000.00

Cash / Cheque

1,000.00

Cash / Cheque

Ms. Patricia Horne, 8 Cowper Drive, Dublin 6. Mr. Eamonn Hannon, 7 Mount Pleasant, Loughrea, Co. Galway. Mr. Daniel Burns, Belgooly, Co. Cork. Mr. Sean Walshe, 40 Foster Place, Foster St, Galway. Bridie & Tommy Egan, Ballinderry, Four Mile House, Co. Roscommon.

Name

Value of Donation

Nature of Donation

Name and address of Donor

Mr. Justin Barrett cont'd

2,500.00

Cash / Cheque

2,018.90

Cash / Cheque

2,500.00

Cash / Cheque

Total Mr. Hughie Baxter

13,018.90 1,000.00

Thomas & Brigid Carroll, Latoon, Caltra, Ballinasloe, Co. Galway. Mr. James Reynolds, Laughill, Coolarty, Mostrim, Co. Longford. Mr. Arthur McDermott, 2 Belgrove Lawns, Chapelizod, Co. Dublin.

Cheque

Mr. Royston Brady

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,000.00

Cheque

1,500.00

Cheque

1,000.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

Cerena Consulting, RBK House, Athlone, Co. Westmeath. Greencastle Investment, 162 Richmond Road, Dublin 3. Mr. Nick Hughes, 2 Upper Fitzwilliam St., Dublin 2. Malburn Ltd., Nassau House, Nassau Street, Dublin 2. Mr. Barry Sheridan, Broadmeadow's House, Upper Strand Road, Malahide. Lawlor & Co., Hanover Quay, Dublin 2. Mr. Sean Ó Huallachain, 63 St. Lawrence Road, Clontarf. Mr. C Mulligan, 23/25 Bachelors Walk, Dublin 1. Shelbourne Developments, 69 - 71 St. Stephen's Green, Dublin 2. P. Allen & Associates, 4 Upper Mount Street, Dublin 2. A. K. Kenna, 14 Mellifont Avenue, Dun Laoghaire.

Name Mr. Royston Brady cont'd

Total Mr. Peter Cassells

Total

Value of Donation

Nature of Donation

Name and address of Donor

1,000.00

Cheque

1,000.00

Cheque

2,000.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

863.00

Cross canvassing

1,350.00

Use of office

40,713.00 1,000.00

Mr. Bill Cullen, Glencullen House, Kylemore Road, Dublin 10. Mr. Frank Gleeson, Booterstown Avenue, Blackrock, Co. Dublin. Frank Ward & Assoc., Equity House, Upper Ormond Quay, Dublin 7. Mr. Brian Rowe, 30 Rathmines Park, Dublin 6. Mr. Peter Bastable, 127 Lower Baggot St., Dublin 2. Mr. Chris Allen, 4 Upper Mount Street, Dublin 2. Newlyn Developments, Bluebell Business Centre, Old Naas Road, Dublin 12. Jeykala Consultants, 8 The Birches, Foxrock, Dublin 18. Mr. Eoin Ryan, T.D., Leinster House, Kildare Street, Dublin 2. Mr. Pascal McGrath, Albion Enterprises Ltd., 43 Sandwith Street Upr., Dublin 2.

Cheque

1,200.00

Use of property

2,200.00

Amicus MSF, 15 Merrion Square, Dublin 2. Mr. Jimmy Owens, 10 Connow Road, Navan, Co. Meath.

Name Mr. Gerard Collins

Total Mr. David Cullinane

Total Mr. Barry Despard

Total Mr. Gerard Hannan

Value of Donation

Nature of Donation

2,000.00

Cheque

1,200.00

Cheque

3,200.00 375.00

Cash

500.00

Cash

310.00

Cash

500.00

Cash

200.00

Cash

1,885.00 2,000.00

Printing

2,000.00

Printing

4,000.00 No Donation Statement Received

Ms. Marie Hainsworth

350.00

Cash

Mr. Seamus Kirk, T.D.

2,500.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

Name and address of Donor Robert Butler Investments Ltd, Henry Street, Limerick. Ardfert Quarries Ltd, Ardfert, Co. Kerry. West Cork Sinn Féin, Comhairle Ceantair. Cork City Sinn Féin Comhairle Ceantair. Collection at Sinn Féin meeting Kerry Sinn Féin, Comhairle Ceantair. East Cork Sinn Féin, Comhairle Ceantair. Mr. Eamonn Murphy, 23 Finglas Road, Dublin 11. Mr. Jim Clair, Woodlands, Cloagh Road, Blarney, Co. Cork.

North West Women's Human Rights Forum, c/o Dunfore, Ballinpull, Co. Sligo. Oxigen Environmental Ltd., Williamsons Place, Dundalk, Co. Louth. Stonehouse Inns Ltd., c/o Laurence Inn, Laurence Street, Drogheda, Co. Louth. Mr. Ray White, The Bullring, Drogheda, Co. Louth. Patrick Monahan Ltd., Merchants Quay, Drogheda, Co. Louth. Dr. Declan O'Keeffe, c/o St. Vincents Hospital, Elm Park, Dublin 4.

Name Mr. Séamus Kirk, T.D., cont'd

Total Dr. James McDaid, T.D.

Total

Value of Donation

Nature of Donation

2,000.00

Cheque

2,000.00*

Cheque

2,500.00*

Cheque

1,000.00*

Cheque

700.00*

Cheque

1,000.00*

Cheque

1,000.00*

Cheque

1,000.00*

Cheque

1,193.67

Cheque

Name and address of Donor Carrickdale Hotel, Carrickcarnon, Ravensdale, Dundalk, Co. Louth. Ravendrum Property Ltd, c/o Andrew Griffith, Drumnasilla, Ravensdale, Dundalk, Co. Louth. Finnabair Estates Ltd, Retail Park, Dundalk, Co. Louth. Frank Lynch & Co., 28 Seatown Place, Dundalk, Co. Louth. Townparks Services Ltd., Castletown Road, Dundalk, Co. Louth. Mr. Jimmy Mulroy, 1 Matson Lodge, Drogheda, Co. Louth. McWilliams Developments Ltd, Bellaghy, Co. Derry. McCaughey Developments Ltd, Carrick Road, Dundalk. Keelco Ltd., 23 Caran Road, Portadown, Co. Armagh.

* Gross contribution from a fundraising breakfast 18,893.67 2,500.00 Hire of landrovers (2) Mr. Noel McGinley, Pearse Road, Letterkenny, Co. Donegal. 700.00 Use of store for election Paul Reynolds & Co., posters 10 Lower Main Street, Letterkenny. 1,500.00 Use of constituency McGinley Motors office Complex, Pearse Road, Letterkenny, Co. Donegal. 4,700.00

Name Ms. Patricia McKenna

Value of Donation

Nature of Donation

2,539.00

Bank transfer

Cllr. Chris O'Leary

1,540.33

Payment towards cost of leaflets

Mr. Seanan Ó Coistín

1,000.00

Cheque

50.00

Cheque

50.00

Cash

Total Mr. Tom Prendeville

1,100.00 2,400.00

Advertising

Ms. Dana Rosemary Scallan

1,000.00

Cheque

2,000.00

Cheque

1,000.00

Cheque

1,500.00

Services advertisement

1,500.00

Services advertisement

Total Cllr. Mary White Total Total value of donations disclosed

7,000.00 2,539.00 (2003) 2,367.12 4,906.12 121, 453.43

Name and address of Donor Mr. Tony White, 118 East 70th Street, New York 110021, New York. (Confirmation received that donor is an Irish citizen) Mr. Dan Boyle, T.D., 99 Douglas Street, Cork. Mr. Seán Ó Coistín, Portglóráin, Cill Choca, Co. Chill Dara. Mr. Pádraig Lenihan, Ollscoil, Luimnigh. Mr. Des Cleary, Cill Choca, Co. Chill Dara. The People, Rear Wing, Park House, North Circular Road, Dublin 7. Fr. Rory Brady, Cranny, Inver, Donegal. Philo Kelly, Trinity Lodge, St. Joseph's, Longford. Fr. David O'Hanlon, Kentstown, Navan, Co. Meath. Ms. Marie Fury, Buncrana, Co. Donegal. Mr. Brian Flanagan, Shore Road, Buncrana, Co. Donegal.

Cheque Ms. Nuala Ahern, Six separate payments 5 Oaklands, for advertisements Greystones, Co. Wicklow.

Appendix 3 - Donations disclosed by unsuccessful candidates (by party) Table 1 - Donations disclosed by Fianna Fáil candidates Name Mr. Royston Brady

Value of Donation

Nature of Donation

Name and address of Donor

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,000.00

Cheque

1,500.00

Cheque

1,000.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

2,000.00

Cheque

2,500.00

Cheque

Greencastle Investment, 162 Richmond Road, Dublin 3. Mr. Nick Hughes, 2 Upper Fitzwilliam St., Dublin 2. Malburn Ltd., Nassau House, Nassau Street, Dublin 2. Mr. Barry Sheridan, Broadmeadow's House, Upper Strand Road, Malahide. Lawlor & Co., Hanover Quay, Dublin 2. Mr. Sean Ó Huallachain, 63 St. Lawrence Road, Clontarf. Mr. C Mulligan, 23/25 Bachelors Walk, Dublin 1. Shelbourne Developments, 69 - 71 St. Stephen's Green, Dublin 2. P. Allen & Associates, 4 Upper Mount Street, Dublin 2. A. K. Kenna, 14 Mellifont Avenue, Dun Laoghaire. Mr. Bill Cullen, Glencullen House, Kylemore Road, Dublin 10. Mr. Frank Gleeson, Booterstown Avenue, Blackrock, Co. Dublin. Frank Ward & Assoc., Equity House, Upper Ormond Quay, Dublin 7. Mr. Brian Rowe, 30 Rathmines Park, Dublin 6.

Name Mr. Royston Brady cont'd

Mr. Gerard Collins

Mr. Seamus Kirk, T.D.

Value of Donation

Nature of Donation

Name and address of Donor

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

2,500.00

Cheque

863.00

Cross canvassing

1,350.00

Use of office

2,000.00

Cheque

1,200.00

Cheque

2,500.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

1,000.00

Cheque

Mr. Peter Bastable, 127 Lower Baggot St., Dublin 2. Mr. Chris Allen, 4 Upper Mount Street, Dublin 2. Newlyn Developments, Bluebell Business Centre, Old Naas Road, Dublin 12. Jeykala Consultants, 8 The Birches, Foxrock, Dublin 18. Mr. Eoin Ryan, T.D., Leinster House, Kildare Street, Dublin 2. Mr. Pascal McGrath, Albion Enterprises Ltd., 43 Sandwith Street Upr., Dublin 2. Robert Butler, Investments Ltd, Henry Street, Limerick. Ardfert Quarries Ltd, Ardfert, Co. Kerry. Oxigen Environmental Ltd., Williamsons Place, Dundalk, Co. Louth. Stonehouse Inns Ltd., c/o Laurence Inn, Laurence Street, Drogheda, Co. Louth. Mr. Ray White, The Bullring, Drogheda, Co. Louth. Patrick Monahan Ltd., Merchants Quay, Drogheda, Co. Louth. Dr. Declan O'Keeffe, c/o St. Vincents Hospital, Elm Park, Dublin 4.

Name Mr. Séamus Kirk, T.D., cont'd

Value of Donation

Nature of Donation

2,000.00

Cheque

2,000.00*

2,500.00*

1,000.00*

700.00*

1,000.00*

1,000.00*

1,000.00*

1,193.67

Dr. James McDaid

2,500.00

700.00 1,500.00

Total

67,506.67

Name and address of Donor

Carrickdale Hotel, Carrickcarnon, Ravensdale, Dundalk, Co. Louth. Cheque Ravendrum Property Ltd, c/o Andrew Griffith, Drumnasilla, Ravensdale, Dundalk, Co. Louth. Cheque Finnabair Estates Ltd, Retail Park, Dundalk, Co. Louth. Cheque Frank Lynch & Co., 28 Seatown Place, Dundalk, Co. Louth. Cheque Townparks Services Ltd., Castletown Road, Dundalk, Co. Louth. Cheque Mr. Jimmy Mulroy, 1 Matson Lodge, Drogheda, Co. Louth. Cheque McWilliams Developments Ltd, Bellaghy, Co. Derry. Cheque McCaughey Developments Ltd, Carrick Road, Dundalk. Cheque Keelco Ltd., 23 Caran Road, Portadown, Co. Armagh. Hire of landrovers (2) Mr. Noel McGinley, Pearse Road, Letterkenny, Co. Donegal. Use of store for election Paul Reynolds & Co., posters 10 Lower Main Street, Letterkenny. Use of constituency McGinley Motors office Complex, Pearse Road, Letterkenny, Co. Donegal.

Table 2- Donations disclosed by Labour Party candidates Name

Value of Donation

Nature of Donation

Ms. Ivana Bacik

1,665.00

Cheques

1,000.00 (2003) 2,000.00 (2004)

Cheque Cheques

1,000.00 (2003) 1,000.00 (2004)

Cheque Cheque

1,000.00

Cheque

700.00

Cheque

1,500.00

Cheque

700.00

Donation in kind (advertising space)

1,442.41

Donation in kind (references on literature)

Mr. Hughie Baxter

1,000.00

Cheque

Mr. Peter Cassells

1,000.00

Cheque

1,200.00

Use of property

Total

15,207.41

Name and address of Donor Ms. Catherine Bacik, Bushy Park Road, Dublin 6. Mr. Henry Bacik, Carlingford, Co. Louth. Roderick & Patricia Murphy, De Vesci Terrace, Dun Laoghaire, Co. Dublin. Mr. Diarmuid Hegarty, Griffith College, South Circular Road, Dublin 8. Mr. Frank Shields, Law Library, Four Courts, Dublin 7. Amicus MSF, 15 Merrion Square, Dublin 2. Mr. Trevor White, Wicklow Street, Dublin 2. Prionsias De Rossa, M.E.P., European Parliament Office, Molesworth Street, Dublin 2. Cerena Consulting, RBK House, Athlone, Co. Westmeath. Amicus MSF, 15 Merrion Square, Dublin 2. Mr. Jimmy Owens, 10 Connow Road, Navan, Co. Meath.

Table 3 - Donations disclosed by Green Party candidates Name Ms. Patricia McKenna

Mr. Chris O'Leary Cllr. Mary White

Total

Value of Donation

Nature of Donation

2,539.00

Bank transfer

1,540.33 2,539.00 (2003) 2,367.12

Name and address of Donor Mr. Tony White, 118 East 70th Street, New York 110021, New York.

(Confirmation received that donor is an Irish citizen) Payment towards cost Mr. Dan Boyle, T.D., of leaflets 99 Douglas Street, Cork. Cheque Ms. Nuala Ahern, Six separate payments 5 Oaklands, for advertisements Greystones, Co. Wicklow.

8,985.45

Table 4 - Donations disclosed by Sinn Féin candidates Name Mr. David Cullinane

Total

Value of Donation

Nature of Donation

375.00

Cash

500.00

Cash

310.00

Cash

500.00

Cash

200.00

Cash

1,885.00

Name and address of Donor West Cork Sinn Féin, Comhairle Ceantair Cork City Sinn Féin Comhairle Ceantair Collection at Sinn Féin meeting Kerry Sinn Féin, Comhairle Ceantair East Cork Sinn Féin, Comhairle Ceantair

Table 5- Donations disclosed by Christian Solidarity Party candidates Name Mr. Barry Despard

Total value of donations disclosed

Value of Donation

Nature of Donation

2,000.00

Printing

2,000.00

Printing

4,000.00

Name and address of Donor Mr. Eamonn Murphy, 23 Finglas Road, Dublin 11. Mr. Jim Clair, Woodlands, Cloagh Road, Blarney, Co. Cork.

Table 6 - Donations disclosed by Independent candidates Name

Value of Donation

Nature of Donation

Name and address of Donor

Mr. Justin Barrett

1,000.00

Cash / Cheque

.

1,000.00

Cash / Cheque

.

2,000.00

Cash / Cheque

.

1,000.00

Cash / Cheque

.

1,000.00

Cash / Cheque

.

2,500.00

Cash / Cheque

.

2,018.90

Cash / Cheque

.

2,500.00

Cash / Cheque

350.00

Cash

Ms. Patricia Horne, 8 Cowper Drive, Dublin 6. Mr. Eamonn Hannon, 7 Mount Pleasant, Loughrea, Co. Galway. Mr. Daniel Burns, Belgooly, Co. Cork. Mr. Sean Walshe, 40 Foster Place, Foster St, Galway. Bridie & Tommy Egan, Ballinderry, Four Mile House, Co. Roscommon. Thomas & Brigid Carroll, Latoon, Caltra, Ballinasloe, Co. Galway. Mr. James Reynolds, Laughill, Coolarty, Mostrim, Co. Longford. Mr. Arthur McDermott, 2 Belgrove Lawns, Chapelizod, Co. Dublin. North West Women's Human Rights Forum, c/o Dunfore, Ballinpull, Co. Sligo.

Ms. Marie Hainsworth

Name

Value of Donation

Nature of Donation

1,000.00

Cheque

.

50.00

Cheque

.

50.00

Cash

Mr. Tom Prendeville

2,400.00

Advertising

Ms. Dana Rosemary Scallan

1,000.00

Cheque

.

2,000.00

Cheque

.

1,000.00

Cheque

.

1,500.00

Services advertisement

.

1,500.00

Services advertisement

Total

23,868.90

Mr. Seanan Ó Coistín

Name and address of Donor Mr. Seán Ó Coistín, Portglóráin, Cill Choca, Co. Chill Dara. Mr. Pádraig Lenihan, Ollscoil, Luimnigh. Mr. Des Cleary, Cill Choca, Co. Chill Dara. The People, Rear Wing, Park House, North Circular Road, Dublin 7. Fr. Rory Brady, Cranny, Inver, Donegal. Philo Kelly, Trinity Lodge, St. Joseph's Longford. Fr. David O'Hanlon, Kentstown, Navan, Co. Meath. Ms. Marie Fury, Buncrana, Co. Donegal. Mr. Brian Flanagan, Shore Road, Buncrana, Co. Donegal.

Appendix 4 - Expenditure on individual candidates at the European election The following should be noted: Candidates are listed alphabetically. The candidate's name, political party (if any) and constituency (East, North West, South & Dublin) are contained in column 1. The expenditure limit applying to candidates at the election was 230,000 As well as other expenditure, the limit took account of the commercial price of property, goods or services, received free or below cost, which were used at the election. A candidate of a political party was entitled to assign to the party any portion, up to 100%, of his or her expenditure limit. If an assignment was made, the amount available for expenditure by the election agent of the candidate concerned was reduced accordingly. There was no separate expenditure limit for political parties. The only expenditure permitted at the election by the national agent of a political party was the total amount assigned to the party by its candidates. Expenditure by the national agent was on the party's national campaign or on individual candidates. Total expenditure on a candidate by the candidate's election agent and the national agent of the candidate's political party could not exceed the expenditure limit for that candidate. The amount in column 2 represents expenditure accounted for by the candidate's election agent. The amount in column 3 represents expenditure accounted for by the national agent of the candidate's political party which is directly related to the candidate concerned. The amount in column 5 represents expenditure on the candidate which was met out of public funds (e.g. use of Oireachtas facilities, etc.). This amount is included in the total in column 4.

1 Candidate details

. Aylward, Liam (FF)- East Bacik, Ivana (Lab) - Dublin Barrett, Justin (Ind) - East Baxter, Hughie (Lab) North-West Brady, Royston (FF) - Dublin Cassells, Peter (Lab) - East Collins, Gerard (FF) - South Coveney, Simon (FG) - South Crowley, Brian (FF) - South Cullinane, David (SF) - South De Rossa, Proinsias (Lab) - Dublin Despard, Barry (CSP) - Dublin Doherty, Pearse (SF) - North West Doonan, Paul (Ind) - Dublin Doyle, Avril (FG) - East Dubsky, Eoin (Ind) - East Dwyer, John (SF) - East Hainsworth, Marie (Ind) North West Hannan, Gerard (Ind) - South Harkin, Marian (Ind) - North West

2 Expenses accounted for by the candidate's election agent

3 Expenses accounted for by the national agent of the candidate's political party

4 5 Total expenses Amount of total expenses which was met out of public funds

37,500.97

34,455.35

71,956.32

350.00

107,738.71

24,140.60

131,879.31

0.00

37,472.08

0.00

37,472.08

0.00

36,990.34

17,279.75

54,270.09

0.00

174,156.61

22,251.61

196,408.22

0.00

141,733.92

38,549.83

180,283.75

0.00

96,693.06

49,835.24

146,528.30

0.00

120,410.80

56,368.80

176,779.60

980.00

116,688.71

4,762.06

121,450.77

0.00

1,056.00

39,202.34

40,258.34

0.00

190,724.09

15,463.23

206,187.32

0.00

5,342.00

0.00

5,342.00

0.00

15,316.46

54,012.29

69,328.75

0.00

5,568.42

0.00

5,568.42

0.00

142,410.86

40,760.20

183,171.06

0.00

1,179.75

0.00

1,179.75

0.00

6,808.27

36,222.33

43,030.60

0.00

3,501.63

0.00

3,501.63

0.00

0.00

0.00

0.00

0.00

87,691.00

0.00

87,691.00

0.00

1 Candidate details

. Higgins, Jim (FG) - North West Higgins, Joe (Socialist) Dublin Kirk, Seamus (FF) - East McDaid, James (FF) - North West McDonald, Mary Lou (SF) - Dublin McGuinness, Máiread (FG) East McKenna, Patricia (Green) Dublin Mitchell, Gay (FG) - Dublin Moynihan, Lily (Ind) - South Neal, Joe (Ind) - East O'Connor, Anthony (Ind) South O'Leary, Chris (Green) - South Ó Coistín, Seanán (Ind) East Ó Gogáin, Liam (Ind) - East Ó Neachtáin, Séan (FF) North West Prendeville, Tom (Ind) - Dublin Price, Brendan (Ind) - Dublin Reid, Clifford (Ind) - East Ryan, Brendan (Lab) - South

2 Expenses accounted for by the candidate's election agent

3 Expenses accounted for by the national agent of the candidate's political party

4 5 Total expenses Amount of total expenses which was met out of public funds

94,185.96

12,177.43

106,363.39

5,000.00

28,307.52

0.00

28,307.52

0.00

102,251.62

70,941.92

173,193.54

1,102.74

63,226.16

36,123.74

99,349.90

7,000.00

51,742.56

60,560.70

112,303.26

0.00

156,616.39

68,523.10

225,139.49

0.00

82,082.55

6,007.00

88,089.55

265.38

150,956.24

72,589.32

223,545.56

0.00

400.00

0.00

400.00

0.00

3,112.06

0.00

3,112.06

0.00

2,495.62

0.00

2,495.62

0.00

17,416.65

7,015.00

24,431.65

0.00

1,185.00

0.00

1,185.00

0.00

12,199.22

0.00

12,199.22

0.00

65,576.86

50,804.08

116,380.94

0.00

2,400.00

0.00

2,400.00

0.00

0.00

0.00

0.00

0.00

32,109.00

0.00

32,109.00

0.00

51,076.74

29,019.03

80,095.77

0.00

1 Candidate details

Ryan, Eoin (FF) - Dublin Scallan, Dana Rosemary (Ind) North West Sinnott, Kathy (Ind) - South Taylor-Quinn, Madeleine (FG) North West White, Mary (Green) - East Total

2 Expenses accounted for by the candidate's election agent

3 Expenses accounted for by the national agent of the candidate's political party

4 5 Total expenses Amount of total expenses which was met out of public funds

175,104.18

22,717.81

197,821.99

0.00

80,676.72

0.00

80,676.72

0.00

48,798.91

0.00

48,798.91

0.00

14,476.00

82,101.64

96,577.64

0.00

46,049.27

0.00

46,049.27

0.00

2,611,428.91

951,884.40

3,563,313.31

14,698.12

Appendix 5 - Expenditure by the national agents of political parties at the European election The following should be noted: The name of the political party is entered in column 1. The number of candidates of the party who contested the election is entered in brackets after the party's name. A candidate may assign a portion, up to 100%, of the statutory expenditure limit for that candidate to his/her political party. The amount available for expenditure by the national agent of a political party is the sum of the individual amounts assigned to the party by each of its candidates. Column 2 represents the total amount assigned to each political party by its candidates. The amount in column 3 relates to "national" expenditure accounted for by the national agent. "National" expenditure is that which does not relate to a particular candidate or constituency. It includes items such as party political broadcasts, manifesto, leader's tour, etc. The amount in column 4 is the total expenditure accounted for by the national agent of the party which was directly related to particular candidates. The amount in column 5 is the total expenditure accounted for by the national agent of the party at the election. The amount in column 6 represents expenditure accounted for by the national agent which was met out of public funds (e.g. Oireachtas facilities, etc.). This amount is included in the total in column 5.

1 Political party

. Christian Solidarity Party (1) Fianna Fáil (8)

2 Amount assigned to the party by its candidates

3 Amount of national expenses

4 Amount of expenses on individual candidates

5 Total expenses

6 Amount of total expenses which was met out of public funds

0.00

0.00

0.00

0.00

0.00

705,500.00

167,975.16

291,891.81

459,866.97

0.00

123,594.04 49,018.86 0.00

332,520.49 189,997.66 0.00

456,114.53 239,016.52 0.00

0.00

41,361.50

13,022.00

54,383.50

0.00

62,715.46

124,452.44

187,167.90

7,187.40

444,665.02

951,884.40

1,396,549.42

7,187.40

Fine Gael (6) 525,000.00 Sinn Féin (4) 300,000.00 Socialist Party 30,000.00 (1) The Green 150,000.00 Party (3) The Labour 335,000.00 Party (5) Totals 2,045,500.00

0.00

Appendix 6 -

Breakdown by category of expenditure accounted for by candidates' election agents

The definition of what constitutes election expenditure is provided in the schedule to the Electoral Act, 1997 (as amended) under the following headings: Advertising Publicity Election Posters Other Election Material Office and Stationery Transport and Travel Market Research Campaign Workers. The Election Expenses Statement forms issued by the Standards Commission to election agents were designed to ensure that details of election expenditure would be provided under the above headings. Below is a summary of the information provided by election agents in their Election Expenses Statements. The table provides a breakdown by constituency of total expenditure under the above headings. The number of candidates who stood in the constituency is entered in brackets after the name of the constituency.

Breakdown by category of expenditure accounted for by candidates' election agents. Constituency

Advertising

Publicity

. Dublin (12)

247,489.37

27,078.39

East (13)

143,279.62

North-West (9) South (10) Totals

Election Posters

Other Election Material

Office & Stationery

Transport & Travel

Market Research

303,745.05 318,789.85

18,767.71

45,693.63

0.00

17,344.07

202,133.66 218,401.54

35,678.87

81,129.93

500.00

156,672.59

12,574.99

136,331.11

83,999.91

22,367.26

29,827.88

6,413.00

81,936.07

15,711.34

156,155.06 122,020.82

18,827.53

27,954.68

1,028.50

629,377.65

72,708.79

798,364.88 743,212.12

95,641.37

184,606.12

7,941.50

Appendix 7 -

Breakdown by category of expenditure accounted for by national agents of political parties on the national campaign and on candidates in constituencies

As stated in Appendix 6 above, the definition of what constitutes election expenditure is provided in the schedule to the Electoral Act, 1997 under eight specific headings. The Election Expenses Statement forms issued by the Standards Commission to national agents were designed to ensure that details of election expenditure would be provided under these headings. Below is a summary of the information provided by national agents in their Election Expenses Statements. The table provides a breakdown of expenditure by the national agents under each heading. The figures are sub-divided into national expenditure and expenditure on specific candidates in constituencies.

Political Party . Fianna Fáil National Candidates in constituencies Total Fine Gael National Candidates in constituencies Total The Labour Party National Candidates in constituencies Total Socialist Party National Candidates in constituencies Total The Green Party National Candidates in constituencies Total Sinn Féin National Candidates in constituencies Total

Advertising

Publicity

Election Posters

Other Election Material

Office & Stationery

Transport & Travel

Market Research

101,911.32

40,262.74

10,043.00

6,257.30

9,500.80

0.00

0.00

29,408.72

16,828.90

152,160.13

59704.98

0.00

540.70

10,164.00

131,320.04 67,347.65

57,091.64 26,190.33

162,203.13 871.20

65,962.28 7,472.28

9,500.80 500.00

540.70 21,212.58

10,164.00 0.00

104,580.14

7,806.51

123,231.14

53,233.89

2,403.26

9,200.55

32,065.00

171,927.79 36,960.67

33,996.84 3,829.10

124,102.34 11,594.92

60,706.17 3,143.37

2,903.26 0.00

30,413.13 0.00

32,065.00 7187.40

58,174.99

0.00

7,744.00

3,537.06

6,991.23

3,756.40

0.00

95,135.66 0.00

3,829.10 0.00

19,338.92 0.00

41,680.43 0.00

6,991.23 0.00

3,756.40 0.00

7,187.40 0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00 0.00

0.00 3,284.00

0.00 37,052.00

0.00 1,025.50

0.00 0.00

0.00 0.00

0.00 0.00

5,632.00

0.00

3,300.00

4,090.00

0.00

0.00

0.00

5,632.00 3,750.00

3,284.00 11,644.36

40,352.00 24,276.50

5,115.50 8,030.00

0.00 768.00

0.00 550.00

0.00 0.00

30,605.93

505.08

100,844.92

58,041.73

0.00

0.00

0.00

34,355.93

12,149.44

125,121.42

66,071.73

768.00

550.00

0.00

Political Party

Christian Solidarity Party National Candidates in constituencies Total Overall Total

Advertising

Publicity

Election Posters

Other Election Material

Office & Stationery

Transport & Travel

Market Research

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00 438,371.42

0.00 110,351.02

0.00 471,117.81

0.00 239,536.11

0.00 20,163.29

0.00 35,260.23

0.00 49,416.40

Appendix 8 - Summary of total expenditure at the European election Expenditure by political parties and their candidates 1

2

3

4

5*

Political Party

Expenses accounted for by party's national agent

Christian Solidarity Party

0.00

5,342.00

5,342.00

0.00

Fianna Fáil

459,866.97

831,198.17

1,291,065.14

8,452.74

Fine Gael

456,114.53

679,056.25

1,135,170.78

5,980.00

Sinn Féin

239,016.52

74,923.29

313,939.81

0.00

0.00

28,307.52

28,307.52

0.00

The Green Party

54,383.50

145,548.47

199,931.97

265.38

The Labour Party

187,167.90

528,263.80

715,431.70

7,187.40

1,396,549.42

2,292,639.50

3,689,188.92

21,885.52

Expenses Total expenses Amount of total accounted for accounted for expenses by election by national which was met agents of agent and out of public candidates election agents funds

.

Socialist Party

Totals

Total expenditure incurred, including by non-party candidates . Total expenditure incurred by political parties and their candidates Total expenditure by non-party candidates Overall total

*

1,396,549.42

2,292,639.50

3,689,188.92

21,885.52

N/A 1,396,549.42

318,789.41 2,611,428.91

318,789.41 4,007,978.33

0.00 21,885.52

The amount in column 5 is included in the total at column 4.

Appendix 9 - Details of election expenses incurred by other persons pursuant to section 31(7) of the Electoral Acts Name and address of Purpose of expenditure person Mr. Jim O'Brien, Head of Office, European Parliament Office, European Union House, 43 Molesworth Street, Dublin 2. Senator Kathleen O'Meara, o.b.o Nenagh Hospital Action Group, 76 Silver Street, Nenagh, Co. Tipperary. Mr. Joe Arkins, o.b.o Ennis General Hospital Development Committee, Ruan, Ennis, Co. Clare. Total

Information supplements on the European election which were published in three daily newspapers on 22 May 2004.

Amount spent as per Election Expenses Statement 55,476.00

Publishing a leaflet calling for a "no" vote on the Hanly Report at the European and local elections.

692.35

Notices regarding the Hanly Report which were published in the Clare Champion newspaper on 21 and 28 May 2004.

980.00

57,148.35

Appendix 10 - Details of candidates who qualified for a reimbursement

of their election expenses

Twenty seven candidates qualified for a reimbursement of their election expenses. Thirteen were elected and fourteen qualified by reaching a quarter of the quota. Twenty six candidates are entitled to the maximum reimbursement of 38,092.14 giving a total of 990,395.64. One candidate is entitled to a reimbursement of 28,307.52 - the total amount of election expenses incurred on his behalf. The total amount due to be reimbursed if all candidates apply is 1,018,703.16. Candidate / Political Party

. . Liam Aylward (FF) Ivana Bacik (Lab) Royston Brady (FF) Peter Cassells (Lab) Gerard Collins (FF) Simon Coveney (FG) Brian Crowley (FF) David Cullinane (SF) Prionsias De Rossa (Lab) Pearse Doherty (SF) Avril Doyle (FG) John Dwyer (SF) Marian Harkin (Ind) Jim Higgins (FG) Joe Higgins (Soc) Seamus Kirk (FF) Jim McDaid (FF) Mary Lou McDonald (SF) Mairead McGuinness (FG) Patricia McKenna (GP) Gay Mitchell (FG) Seán Ó Neachtain (FF) Eoin Ryan (FF) Dana Rosemary Scallon (Ind) Kathy Sinnott (Ind) Madeleine Taylor - Quinn (FG) Mary White (GP) Total

Constituency

Amount of reimbursement which candidate was qualified to claim

East Dublin Dublin East South South South South Dublin North - West East East North - West North - West Dublin East North - West Dublin East Dublin Dublin North - West Dublin North - West South North - West East

38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 28,307.52 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 38,092.14 1,018,703.16

Appendix 11 - Details of expenses where the costs were met from public funds. Name . Liam Aylward (FF) Simon Coveney (FG) Jim Higgins (FG) Seamus Kirk (FF) Jim Mc Daid (FF) Patricia Mc Kenna (GP) Mike Allen (Labour Party National Agent) Total Spend

Type of expenditure incurred .

Office staff Oireachtas envelopes Use of constituency office Total Oireachtas envelopes Oireachtas telephone allowance Telephone (Mobile) Total Office staff Drivers (2) Total Use of constituency office Electricity Total Market Research

Amount of Expenditure incurred 350.00 500.00 480.00 980.00 5,000.00 610.44 492.30 1,102.74 3,000.00 4,000.00 7,000.00 245.38 20.00 265.38 7,187.40 21,885.52