I move amendment No. 163:
In page 28, lines 23 to 47 and in page 29, lines 1 to 36, to delete subsections (2), (3) and (4) and substitute the following:
"(2) In case a candidate at the European election in a European Parliament constituency is also a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency —
(a) the candidate shall appoint the same person as election agent under section 25 in respect of the European Parliament constituency and the Dáil constituency concerned;
(b) the aggregate of election expenses which may be incurred on behalf of the candidate at the elections shall not exceed the amount specified in an order made by the Minister under subsection (1) of section 30 in respect of election expenses of a candidate at a European election, together with three quarters of the amount specified in subsection (1)(a) of section 29 appropriate to the Dáil constituency (having regard in each case to section 3);
(c) a single statement of the election expenses incurred by the election agent of the said candidate in relation to the European election and the Dáil election shall be furnished to the Public Offices Commission under section 32.
(3) In case a political party authenticates the candidature of a candidate at the European election in a European Parliament constituency and also authenticates the candidature of that person as a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency —
(a) the party shall appoint the same person to be the national agent of the party under section 25 for both elections;
(b) the provisions of subsection (1) (b) of section 29 and subsection (1) (b) of section 30 shall apply in relation to expenditure at the said elections by the said political party in respect of the said constituencies;
(c) a single statement of the election expenses incurred by the national agent of the party in relation to both the Dáil election and the European election shall be furnished to the Public Offices Commission under section 32.
(4) For the purposes of this section, a Dáil constituency which is not wholly situate in a European Parliament constituency shall, in relation to a candidate referred to in subsection (2) or (3), be deemed to be situate within the European Parliament constituency contested by the candidate if any part of the Dáil constituency concerned is situate within the said European Parliament constituency.”.
Section 36 provides for where the polls at a Dáil election and a European election are taken on the same day. Where a party or candidate contests both elections the same person must be appointed as agent for the party or candidate in respect of both elections. A consolidated statement of election expenses covering expenditure at the two elections must be furnished to the Public Offices Commission. The section provides that the expenditure limits which will apply will be the limits appropriate to the European election together with three quarters of the limits applicable in relation to the Dáil election where a party or candidate contests both elections in coinciding or overlapping constituencies.
The amendment provides for changes to the section to take account of the revised formula agreed in sections 29 and 30 relating to the setting of limits on expenditure by a political party. The proposed new section being substituted for the existing provision in this section retains the formula that where a candidate for the European election in a European Parliament constituency contests the Dáil election in a constituency situated wholly or partly within the European one, the limit applicable will be the limit specified in an order made under section 30 for European elections together with three quarters of the limit set in Dáil elections for that constituency.
