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Select Committee on Finance and General Affairs debate -
Thursday, 1 May 1997

SECTION 51.

I move amendment No. 204:

In page 38, subsection (1), line 20, to delete "by or".

Amendment agreed to.

I move amendment No. 205:

In page 39, subsection (3), to delete lines 3 to 5.

This amendment will delete section 51(3)(a), which provides that a person not connected with a Presidential election candidate who incurs an expense shall be guilty of an offence if the person does not qualify.

Did the Minister say he would do something about this?

No. The Deputy withdrew his amendment No. 166, which concerned this also. This paragraph is merely the penalty clause creating the offence.

Amendment, by leave, withdrawn.
Section 51, as amended, agreed to.
Sitting suspended at 10.30 a.m. and resumed at 11 a.m.
NEW SECTION.

I move amendment No. 206:

In page 39, before section 52, but in Part VI, to insert the following new section:

52.—The Act of 1993 is hereby amended:

(a) by the insertion of the following subsection after subsection (4) of section 57:

‘(4A) Where a petition alleges an irregularity or non-compliance with any provision of Part VI of the Electoral Act, 1997 whether before or after the result of the Presidential election was declared by the presidential returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under subsection (2) may be applied for not later than seven days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 49 of the Electoral Act, 1997.'; and

(b) by the insertion of the following subsection after subsection (7) of section 57:

‘(7A) A presidential election shall not be declared invalid because of a non-compliance with any provision of Part VI of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.'.".

Amendment agreed to.
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