I move amendment No. 164:
In page 29, subsection (1)(b), line 44 after "candidate" to insert "(other than election expenses deemed under section 29 (1)(b)(ii) or 30(1)(b)(ii) to be election expenses incurred by that candidate)".
SECTION 37.
Amendment agreed to.
I move amendment No. 165:
In page 30, subsection (2), line 3, after "36" to insert "or an order made under section 30 (1)(b)".
Amendment agreed to.
I move amendment No. 166:
In page 30, subsection (3), to delete lines 16 to 18.
The Minister is making it an offence for a person to fail to notify the Public Offices Commission, in accordance with section 28(7), of his or her intention to incur election expenses. If people incur election expenses they will have to declare them so these two subsections are not needed.
This is related to Deputy Dempsey's original logic in seeking to delete section 28(7). On balance he has now decided to keep that subsection, and as this subsection seeks to make it an offence not to comply with section 28(7), I presume his change of heart will also apply to this amendment.
Not really. If the Minister reads the section, this refers to 3(a), (b) and (c). It is an offence not to notify one's intentions in advance or to fail, in the specified period, to put in the statement or to put in an incorrect statement. This is unnecessary and harsh, given that the candidate will have to make a report after the election.
We have spoken at length about the impact of section 28(7). If non-compliance is not an offence, what is the point in having the subsection? We would be saying that such groupings must declare their names, addresses and connections with parties, but there is no consequence for not doing so.
This does not say "in advance" but "in accordance".
Is the Deputy happy with that?
I am not happy with section 28.
In a European election, a committee to elect a candidate would not be subject to the same limits as a candidate.
Under section 28(7), any group which is not connected or determined by a reasonable person to be associated with, controlled by or influenced by a political party is entitled to campaign. They can have an input to the election as long as they register in accordance with this subsection.
They are not subject to any controls?
No.
Who decides whether they are separate? The Public Services Commission?
They are required to state their relationship to the individual candidate or party under section 28(7). If they make a false declaration, they are in breach of the Act because they have stated they are unconnected when they are.
Amendment, by leave, withdrawn.
Section 37, as amended, agreed to.
We will adjourn until a date to be agreed by the chairman and the convenors.
The Select Committee adjourned at 4.05 p.m.