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

Electoral Bill, 1994: Committee Stage (Resumed).

Before we recommence debate on the Bill, I wish to inform the committee that the Bill has been reconsidered by the Government in the context of speculation about an election and how the Bill would impact on a summer election. It is the Government's intention to move an amendment on Report Stage to ensure that the disclosure provisions for donations in the Bill, that is £500 to an individual and £4,000 to a political party, would become operational immediately on the enactment of the Bill. The remaining sections relating to the funding of political parties and the capping of expenses will not have effect until 1 January 1998.

This is proposed to meet the practical requirement that Deputies have voiced and of which the Government is aware, for the Public Offices Commission to establish itself, issue proper guidelines and enable candidates in an election to have a reasonable understanding of the legal framework within which they would be required to operate. The Government intends to propose one or two other non-related sections to the Bill, for example the establishment of the boundaries commission to take account of the expected publication of the most recent census of population. Rather than do that on an ad hoc basis, which is how it has been done for some time, statutory provision should be made. There are amendments to the register or elector provisions that are encompassed in the Bill and which all sides would like to see in place immediately.

The sections dealing with the main issues on which we have had discussion, the capping of election expenses and the funding of political parties, will not be brought into effect until 1 January 1998. I hope this arrangement will meet the many concerns expressed over the many days of discussion and will allow for the speedy passage of the Bill.

I take it the provisions being brought into effect until 1 January 1998 will not have retrospective effect.

That is so. The provisions on capping expenses and funding political parties will have no effect on a general election which takes place before 1 January 1998.

I welcome the Government's decision. It was our conviction that it would not be possible to bring in the provision on election expenses because of the difficulties highlighted in the constructive debate on the Committee Stage. The Government's proposal is sensible, mainly because it allows for certainty. I had visions of candidates and parties being pilloried because they did not comply with recently passed regulations which would not have been well understood. The delay in their implementation will allow for further discussion among the parties and the Minister, whomever he or she may be, on the provisions. It would be useful to ascertain the public's view of the proposals to fund political parties and that is a matter we will pursue.

We are agreed in principle with the disclosure provisions. Will the Minister indicate if retrospection will apply to disclosure?

The commencement date will be the relevant day. Funds above the threshold after the commencement date must be disclosed. There will be no retrospective effect.

NEW SECTIONS.

Acting Chairman

Amendments Nos. 168, 206 and 220 are related to amendment No. 167 and they may be taken together. Is that agreed? Agreed.

I move amendment No. 167:

In page 31, before section 38, but in Part V, to insert the following new section:

38.—The Act of 1992 is hereby amended—

(a) by the insertion of the following subsection after subsection (5) of section 132:

‘(5A) A Dáil election shall not be declared invalid because of a non-compliance with any provision of Part V 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 or party, as the case may be, 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.';

(b) by the substitution of the following paragraphs for paragraphs (1) and (2) of Rule 3 of the Third Schedule:

‘(1) Subject to paragraph (3), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than fourteen days after the result of the Dáil election is declared by the returning officer, by order grants leave to the person to do so.

(2) The High Court shall not grant leave under subparagraph (1) to present a petition unless it is satisfied—

(a) that there is prima facie evidence of a matter referred to in section 132 in relation to which the petition questions the election result concerned, and

(b) that the said matter is such as to affect materially the result of the election.

(2A) A petition shall be presented by being lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under subparagraph (1).';

(c) by the substitution for 'the petition may be presented within the twenty-eight' of 'leave of the High Court to present a petition under subparagraph (1) may be applied for not later than fourteen' in paragraph (3) of Rule 3 of the Third Schedule; and

(d) by the insertion of the following paragraph after paragraph (3) of Rule 3 of the Third Schedule:

‘(3A) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the Dáil election was declared by the 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 subparagraph (1) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 33 of the Electoral Act, 1997.'.".

With the exception of this section the remaining issues have already been thrashed out and we may make speedy progress.

I accept what the Minister has already said and I do not see the need for much discussion.

I draw the attention of the committee to four references to the word "subparagraph" in amendment 167 which should read "paragraph". These references occur twice in paragraph (b) and once in paragraphs (c) and (d) of the proposed new section. I ask the committee to agree to the correction of these references. The amendments provide for a change in the law relating to the questioning of a presidential, Dáil, European or local election. New provisions are proposed for insertion into existing law relating to petitions and amendments are proposed to the existing law. The amendments are required as a consequence of the provisions of the Bill limiting expenditure at elections.

The new sections require application to be made to the High Court for leave to present a Dáil election petition to challenge the validity of a declared result. It fixes the period for making such applications in the case of a Dáil or European election as 14 days after the declaration of the result. If a petition alleges bribery, the period is 14 days after the offence has allegedly occurred or 14 days after the laying of a statement of expenses before each House where the petition alleges non-compliance with the spending provisions of the Bill. It provides that non-compliance with spending provisions will not result in an election result being upset unless it is proved to the court that overspending materially affected the result of the election. Members were concerned that a minor infraction could upset a result. This measure clarifies the position and I ask the committee to accept the amendment.

Amendment agreed to.

I move amendment No. 168:

In page 31, before section 38, but in Part V, to insert the following new section:

39.—Section 21 of the Act of 1997 is hereby amended:

(a) by the substitution in paragraph (a) of subsection (2) for ‘7' of ‘fourteen';

(b) by the substitution in paragraph (b) of subsection (2) for ‘seven' of ‘fourteen';

(c) by the insertion of the following paragraph after paragraph (b) of subsection (2):

‘(bb) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act. 1997 whether before or after the result of the European election was declared by the 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 paragraph (a) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 33 of the Electoral Act, 1997.'; and

(d) by the insertion of the following paragraph after paragraph (b) of subsection (8):

‘(bb) A European election shall not be declared invalid because of a non-compliance with any provision of Part V 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 or party, as the case may be, 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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