I move amendment No. 148:
In page 26, subsection (1)(a), line 49 to delete "seventy" and substitute "fifty six".
SECTION 32.
Amendment agreed to.
I move amendment No. 149:
In page 27, subsection (1), between lines 6 and 7 to insert the following:
"(b) The national agent of a political party shall include in the statement of election expenses furnished by him or her under paragraph (a):
(i) details of the election expenses incurred by the said agent pursuant to section 29(1)(b) or 30(1)(b) as may be appropriate;
(ii) the name of each candidate whose candidature was authenticated by the party at that election and in respect of whom election expenses are deemed to have been incurred by the said agent under section 29(1)(b)(ii) or 30(1)(b)(ii), as may be appropriate, and the constituency in which each such candidate was a candidate at the election; and
(iii) the amount of election expenses (if any) incurred by the said agent pursuant to section 29(1)(b)(ii) or 30(1)(b)(ii), as may be appropriate, in respect of each such candidate.
(c) The election agent of a candidate whose candidature was authenticated by a political party at the election shall include in the statement of election expenses furnished by him or her under paragraph (a)the amount of election expenses incurred by the national agent of the party which are deemed under section 29(1)(b)(ii) or 30(1)(b)(ii), as may be appropriate, to have been incurred by the candidate.".
Section 32 requires each national agent of the political party and the election agent of each candidate at an election to furnish a statement of election expenses incurred by him or her to the Public Offices Commission within a specified period after the polling day of the election. Under the Bill as drafted, separate spending limits were specified for candidates and political parties at the election. Sections 29 and 30 inserted by earlier amendments changed the basis for specifying spending limits. Under the revised arrangements, limits are specified in respect of the candidate only. Any spending which may be incurred by a party will be on the basis of apportioning such costs to individual candidates, which will be deemed to be costs incurred by the candidates concerned.
The amendment provides for the insertion of new provisions in section 32(1) to require the national agent of a political party to include details of its candidates who contest an election and the proportion of each candidate's expenses incurred by the party nationally which are deemed to be expenses incurred by the candidate. This appears convoluted but, as a result of the amendments, the limits will be given to each candidate. There will be a written agreement proportioning the expenses between the candidate and the party nationally. This amendment is consequential to the change of emphasis.
Are these amendments consequential to the changes already made to the original Bill?
Yes.
The Minister agreed to introduce further amendments on Report Stage.
The principle of allocating a candidate allowance rather than a candidate and a party allowance will be maintained. However, I will reflect on the Deputy's points about the 50-50 divide and other matters between now and Report Stage.
I have no difficulty with the principle.
As the Bill is based on a different premise, there will be a number of consequential amendments.
Amendment agreed to.
I move amendment No. 150:
In page 27, subsection (2), line 12, to delete "Minister" and substitute "Public Offices Commission".
Amendment agreed to.
I move amendment No. 151:
In page 27, between lines 30 and 31, to insert the following subsection:
"(5) Where a candidate standing nominated at an election dies
(a) in any of the circumstances referred to in subsection (1), (2) or (3) of section 62 of the Act of 1992, or in paragraph (1), (2) or (3) of Rule 27 of the Second Schedule to the Act of 1997, as the case may be, or
(b) after the close of poll at the election and before a statement of election expenses has been furnished to the Public Offices Commission in respect of that candidate, the election agent of the said candidate shall, notwithstanding the death of the candidate, furnish a statement of the election expenses of the candidate in accordance with this section.".
This amendment provides for the insertion of a new provision to specifically require the election agent of a candidate who dies before the statement of election expenses is furnished to furnish such a statement notwithstanding the death of the candidate.
This will facilitate the personal representative of the candidate in applying for reimbursement of election expenses under the new section 18. It will also assist the Public Offices Commission in considering the statement of election expenses furnished by a political party where the candidate is a member of a party. To ascertain the maximum expenditure which a political party may incur at national level, it will be necessary for the commission to calculate the total amounts which have been agreed between a party and its candidate which the party may incur on their behalf. The amendment addresses the eventuality of the death of a candidate before the statement is submitted. That would have consequences in terms of the party's limit and the possibility of reimbursing the candidate's relatives.
The provision will not apply in the same way in terms of the issue we discussed last week. What is the position if the personal representative does not want to have anything to do with collecting the £5,000 and refuses to take on the task of making returns and declarations?
The agent will be required to make the submission.
I accept that. What is the position if the candidate is the agent and the candidate dies?
The candidate cannot be the agent.
He can.
He can be his own agent but not a personal representative.
We discussed the position in relation to agents but the same points arise in terms of where the candidate is his own agent. The same difficulty arises if the personal representative does not want to get involved. For example, in the case of the Labour Party, the Minister said candidates would sign the £5,000 over to the party.
I said that would be a matter the party could discuss. However, I did not note any enthusiasm for that among members of the Labour parliamentary party.
I noted the same overwhelming response in Fianna Fáil.
It will be signed over to the party locally and not to the national party. However, that is a matter of internal workings.
What happens the expenditure if the candidate is the agent and the personal representative does not want to have anything to do with it? Is it ignored?
One cannot force somebody to make a submission.
It would be ignored in such cases. However, they are unlikely to arise.
There is a remote possibility of it happening.
Amendment agreed to.
Section 32, as amended, agreed to.
NEW SECTIONS.
Amendments Nos. 152 and 200 are related and may be discussed together.
I move amendment No. 152:
In page 27, before section 33, to insert the following new section:
33. — (1) Subject to subsection (2), as soon as may be after the receipt of a statement of election expenses and a statutory declaration furnished pursuant to section 32, the Public Offices Commission shall cause a copy of the said statement and declaration together with a copy of any relevant court orders to be laid before each House of the Oireachtas.
(2) Where an error or omission in a statement of election expenses is corrected or made good, as the case may be, in accordance with section 3(2), the Public Offices Commission shall cause a copy of the said statement as so corrected to be laid before each House of the Oireachtas.".
Sections 33 and 44 provide, respectively, that each statement of election expenses and statutory declaration furnished to the Public Offices Commission under sections 32 and 48 must be laid before each House of the Oireachtas by the commission.
Section 3, as amended, provides that where the Public Offices Commission identifies a minor error or an omission in the statement furnished to it, it shall give the agent concerned 14 days in which to correct or make good the error or omission. These amendments provide that where a minor error or omission identified by the commission is corrected by the person who furnishes a statement of election expenses within the time allowed by the commission, it shall cause a copy of the statement as corrected to be laid before both Houses. This will ensure that any interested person who inspects the statement will have access to an accurate version of it.
Amendment agreed to.
Section 33 deleted.
Amendments Nos. 154, 201 and 202 are related to amendment No. 153 and all may be discussed together.
I move amendment No. 153:
In page 27, before section 34, to insert the following new section:
34.—(1) In any legal proceedings arising from the provisions of this Part, where in the case of—
(a) a political party, the national agent of the said party fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration in accordance with section 32 or there is an error, omission or false or misleading statement therein,
(b) a candidate at an election, the election agent of such candidate fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration in accordance with section 32 or there is an error, omission or false or misleading
(c) the national agent of a political party or the election agent of a candidate, such agent fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 32 or there is an error, omission or false or misleading statement therein, or
(d) a person referred to in section 28 (7), the person fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which the person was required to furnish under section 32 or there is an error, omission or false or misleading statement therein—
the following provisions shall apply.
(2) Where it is shown to the court that the failure, error, omission or false or misleading statement arose—
(a) due to the illness of a party to the proceedings,
(b) where a party to the proceedings is a political party, due to the death, illness, absence or misconduct of the national agent of such political party or of any employee of such agent,
(c) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
(d) where a party to the proceedings is the national agent of a political party or the election agent of a candidate, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the party to the proceedings.
(e) where a party to the proceedings is a person referred to in section 28 (7), due to the death, illness, absence or misconduct of any employee of such person, or
(f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part,
and was not due to any lack of bona fideson the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.
(3) Without prejudice to the generality of subsection (2)—
(a) where it is proved to the court by a political party that—
(i) any act or omission of the national agent of the party in relation to the statement of election expenses furnished by him or her was without the approval or knowledge of the political party, and
(ii) the political party took all reasonable action to prevent the act or omission,
the court shall relieve the political party from the consequences of the act or omission of the national agent,
(b) where it is proved to the court by a candidate that—
(i) any act or omission of the election agent of such candidate in relation to the statement of election expenses furnished by the agent was without the approval or knowledge of the candidate, and
(ii) the candidate took all reasonable action to prevent the act or omission,
the court shall relieve the candidate from the consequences of the act or omission of his or her agent.
(4) An order under subsection (2)—
(a) shall relieve the political party, candidate, agent or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act or the provisions of the Electoral Acts, 1992 to 1997,
(b) may make the granting of the relief conditional on the furnishing of a statement of election expenses in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to the provisions of this Part.".
Amendments Nos. 153 and 201 provide respectively for the insertion of new provisions in Part V — Expenditure at Dáil and European Elections and Part VI — Expenditure at Presidential Elections to enable a party to legal proceedings arising from non compliance with spending limits to seek relief from the consequences of such non compliance in certain circumstances. Amendments Nos. 154 and 202 propose to insert a new provision in Parts V and VI to empower the court dealing with such proceedings to require a person who has been an agent at the election and has failed to furnish a statement of expenses to appear before it to order him or her to furnish the statement or such particulars as is in his or her possession or as may be required to enable the statement to be furnished.
The new sections proposed by amendments Nos. 153 and 201 provide for a procedure for granting relief by a court dealing with legal proceedings relating to any failure to furnish a statement of election expenses or any part of such a statement or error, omission or false or misleading statement in a statement furnished to the Public Offices Commission. Under this section relief can be granted by the court on application being made to it during such proceedings from the national agent of a political party, the election agent of a candidate or a third party who incurs election expenses or fails to furnish to the commission a statement of election expenses or any part of such statement within the prescribed period or if there is any error or false or misleading statement in the statement.
If mistakes are made——
There is a procedure to deal with that.
That is reasonable. Various circumstances are outlined to exonerate individuals from minor errors.
The object is that people are not pilloried for a minor error.
Does one have to go to court to establish this?
That remedy is included.
Are the same remedies available to the Public Offices Commission before it gets to court, for instance, if the national agent discovers a minor error?
He or she can furnish such corrections to the Public Offices Commission directly.
Amendment agreed to.
I move amendment No. 154:
In page 27, before section 34, to insert the following new section:
35. — (1) Where, in dealing with legal proceedings referred to in section 34, it appears to the court that any person who is, or has been, the national agent of a political party or the election agent of a candidate at an election has refused or failed to furnish a statement of election expenses, or to furnish the particulars necessary to enable the provisions of this Part in relation to the furnishing of the statement of election expenses to be complied with, the court may, before making an order under the said section 34, order that person to attend before it.
(2) Unless a person referred to in subsection (1) shows cause to the contrary, the court may order that person:
(a) to furnish the statement of election expenses to the Public Offices Commission, or
(b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the court directs.".
Amendment agreed to.