Provision is made in Part 2 of Schedule 2 of the Local Government Reform Bill 2013 for amendments to the Local Elections (Disclosure of Donations and Expenditure) Act 1999, ‘the 1999 Act’, to change the spending limit provisions at local elections. This Bill is currently before the Oireachtas.
Spending limits were first introduced for the 2009 local elections and were based on a sliding scale. The relevant provisions are contained in section 12A of the 1999 Act. Depending on the population of the local electoral area in a county or city council the limit is either: €15,000, €13,000, €11,500 or €9,750. All town and borough council electoral areas have the same spending limit of €7,500.
The Local Government Bill 2013 provides for the revision and replacement of the current arrangements, by amending section 12A of the 1999 Act and setting three new population bands with spending limits of €13,000, €11,500 and €9,750, respectively. It is intended that these limits would apply at the 2014 local elections. A summary of the current population bands and spending limits, and the proposed revisions, is set out in the table.
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Population bands and spending limits at the 2009 local elections
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Proposed revisions for the 2014 local elections
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Local electoral area
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Candidate spending limit
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Local electoral area
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Candidate spending limit
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Population in excess of 32,500
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€15,000
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Population in excess of 35,000
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€13,000
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Population between 22,501 and 32,500
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€13,000
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Population between 18,001 and 35,000
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€11,500
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Population between 12,001 and 22,500
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€11,500
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Population of 18,000 or less
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€9,750
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Population of 12,000 or less
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€9,750
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Borough or town council
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€7,500
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Section 12B of the 1999 Act provides that the period for the reckoning of election expenses, during which the spending limits apply, is to commence between 50 and 60 days prior to polling day. The date of commencement of the spending period is set out in an order made me, as Minister, before the election. Election spending incurred during this period must be reported to the local authority concerned and must be below the specified limit. In complying with this provision, there is a requirement to submit a statement of donations and expenses within 90 days of polling day on a form which is prescribed by me in regulations. The necessary regulations are to be put in place after the Local Government Reform Bill 2013 is enacted.
The definition of what constitutes ‘election expenses’ is contained in section 6 of the 1999 Act, with a description of the relevant expenses that are covered set out in the schedule to the Act. I have no plans to amend this definition in advance of the 2014 local elections.
