I move amendment No. 197:
In page 37, subsection (1), line 21, to delete "seventy" and substitute "fifty six".
SECTION 48.
Amendment agreed to.
I move amendment No. 198:
In page 37, subsection (2), line 28, to delete "Minister" and substitute "Public Offices Commission".
Amendment agreed to.
Amendment No. 199 not moved.
Section 48, as amended, agreed to.
NEW SECTIONS.
I move amendment No. 200:
In page 37, before section 49, to insert the following new section:
"49.—(1) Subject to subsection (2), as soon as may be after the receipt of a statement—
(a) in relation to donations under section 40, or
(b) of election expenses under section 48,
the Public Offices Commission shall cause a copy of the said statement to be laid before each House of the Oireachtas, together with, in the case of a statement referred to in paragraph (a), a copy of the statutory declaration referred to in section 40 (2), and, in the case of a statement referred to in paragraph (b), a copy of the statutory declaration referred to in section 48 and any relevant court orders.
(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.".
Amendment agreed to.
Acting Chairman
Acceptance of this amendment involves the deletion of section 49.
Section 49 deleted.
I move amendment No. 201:
In page 38, before section 50, to insert the following new section:
"50.—(1) In any legal proceedings arising from the provisions of this Part, where in the case of—
(a) a candidate at a presidential election, the election agent of the candidate 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 48 or there is an error, omission or false or misleading statement therein,
(b) the election agent of a candidate at a presidential election, 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 48 or there is an error, omission or false or misleading statement therein, or
(c) a person referred to in section 44 (6), 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 48, 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 candidate at the presidential election, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
(c) where a party to the proceedings is the election agent of a candidate at the presidential election, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the agent,
(d) where a party to the proceedings is a person referred to in section 44 (6), due to the death, illness, absence or misconduct of any employee of the person, or
(e) 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 fides on 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), where it is proved to the court by a candidate that:
(a) any act or omission of the election agent of such candidate in relation to the statement of election expenses furnished by him or her was without the approval or knowledge of the candidate, and
(b) 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 candidate, agent or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act, the Act of 1993 or the provisions of the Electoral Acts, 1992 to 1997, as applied to presidential elections,
(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.".
Amendment agreed to.
I move amendment No. 202:
In page 38, before section 50, to insert the following new section:
"51.—(1) Where, in dealing with legal proceedings referred to in section 50, it appears to the court that any person who is, or has been, the election agent of a candidate at a presidential 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 50, 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.