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Dáil
‹ Leaders' Questions.

Electoral Act Supreme Court ruling

Summary

Kenny asks whether the Government will respond to the court rulings on election expenses, including through retrospective legislation. The Taoiseach says the Attorney General and Minister are examining the implications, noting the deadline for revised expense claims.

Given the day and the circumstances in which the Fine Gael Party finds itself, I do not want to get involved in partisan, trench warfare. I am sure the Taoiseach will understand this. Last week's Supreme Court decision on the Electoral Act, which upheld an earlier High Court judgment, will have significant implications for every elected Member, every Member who intends seeking re-election and some of the unsuccessful candidates in the last general election. Does the Government intend to respond to the ruling? Is it the intention to introduce retrospective legislation? I hope the Government does not intend to use the decision as an excuse to raise spending limits for election campaigns.

Comment on this

While I am aware of and understand the reasons for not dealing with notices of sympathy today, I express my sympathy to members of the Fine Gael Party on the death of their colleague. We will return to this matter next week.

On the important issue raised by the Deputy, my understanding, as he will appreciate, is that the matter is being examined by the Attorney General and the Minister for the Environment and Local Government. They will consider the implications of the judgments of the Supreme Court and the High Court in the case in question. In the short-term there is no question that one can change anything. We now have to comply with the decisions regardless of what happens in the future.

The Standards in Public Office Commission will also examine the Supreme Court judgment. Ultimately, it will be for it to clarify requirements in terms of the completed election statements which are to be furnished to the commission on or before 20 December 2002. I have asked the Attorney General and the Minister to have these matters examined forthwith and they have been examining them in recent days. There will also be a briefing session tomorrow for Deputies.

The 20 December date will come very soon. While I am not certain at this point what we can do about this date, I understand we cannot do a great deal. We cannot move the date back as a Minister cannot introduce an amendment, instrument or declaration, not to speak of legislation, to do so. Unless I hear something to the contrary during the day, my current understanding of the position is that the date is written in stone. I could read the judgment in a particularly way. However, as Deputies Rabbitte and Kenny will appreciate, it affects not only individuals and constituencies, but political parties. While it can be interpreted broadly or narrowly, it is not our call to make an interpretation.

The legal adviser to the Oireachtas is organising a briefing tomorrow for all Deputies. I will feed any information I get from the Minister or the Attorney General to the Government Chief Whip in order to help in this examination. In effect, we have only two weeks to deal with this issue. It is not in keeping with the belief of the political system, but that will not change it.

We need to wait for the interpretation of the Supreme Court judgment. I would not dare to interpret it myself. An interpretation will provide completion. The last thing we need is for Members to go to their parties or constituencies to make changes and then find next year that they are engaged in a running battle. I will try to ascertain some degree of certainty on this as quickly as possible. I have asked that this be done tonight or tomorrow at the latest.

Comment on this

I thank the Taoiseach for his reply. It appears that 20 December is an immovable date. It is a matter of great confusion because the Act clearly seems to be unworkable in real terms. The Taoiseach or a Minister would not be able to give a candidate a lift from one centre to another during an election because it might be deemed to add to his or her prestige. It might sway a voter to choose to vote for someone on the basis of a presumed endorsement from a high-ranking figure. The role of Ministers causes much confusion in the context of the Act. They are elected as Deputies but they still have all the trappings of power, as officers of Cabinet, be it back-up from Government service or the added value of free travel as it were.

I appreciate that the Taoiseach has asked the Attorney General for clarification. I expect that he will come back with as clear a statement as possible so as to allow every Deputy to send in his or her electoral expenses before 20 December. I assume expenses already submitted were on the basis of the original Act. This was based on the assumption that the value of a constituency office and the assistance rendered by Oireachtas secretarial staff would not be deemed an electoral charge. The Supreme Court interpretation has now ruled that it is. This is a matter of great concern to everybody. It is one of great confusion to the public, as well as intense anxiety to those who failed to be elected to this House by a shortfall of a few votes. Clarity all around is requested from the Taoiseach.

Comment on this

I accept what has been stated by Deputy Kenny. This judgment raises an enormous number of issues. Needless to say, I hold the view that all Members of this House acted in good faith on the basis of the law as it was explained to them. Many people went to great lengths to find out exactly what the rules and regulations prescribed. The High Court and the Supreme Court have judged otherwise and that is the position. I know what the usual view is in regard to retrospective legislation. It is now 3 December and we are in breach of the law if we do not submit revised expenses by 20 December. I am not advocating that the decision be changed but the timescale appears to be a bit tight. However, it is a reality with which we have to deal.

As Deputy Kenny said, somebody is left to interpret what this means down to the last detail. That is not clear in the Supreme Court decision. We have to get somebody to interpret it. Needless to say, I would be the last person to do that because whatever I would say would not be accepted. We have to try to get it interpreted as quickly as possible so that people have a chance of doing what is necessary.

Comment on this