Bernard Durkan (Kildare North, Fine Gael)

Fianna Fáil might have had other concerns. However, I will not go down that road. I do not accept that it is good for democracy for something like this to happen. It is one matter for candidates to look over their shoulders and wonder what the outcome of an election might be. It is an entirely different matter if after the election they are faced with the possibility of a change in the rules applying retrospectively, which was the part I found particularly objectionable. This does not mean it might not be necessary to go to the courts to deal with other matters. However, I believe the separation of powers came very close to being breached on that occasion.

This amendment inserts a subparagraph clarifying the items which are not to be regarded as election expenses at presidential, Dáil and European elections, including free postage provided for candidates. Presumably this refers to postage paid by political parties or the State. However, it could also refer to postage provided by anybody else. Also included is a service provided free by an individual or provided by an employee of a political party. The Kelly case was based on the outgoing Members of the Houses of the Oireachtas having access to their offices, computers etc., which was deemed to be an unfair advantage. However, many candidates had free access to many offices throughout the country. Some of these offices were vast and huge resources were available.

Some of us were very fastidious in the way we curtailed our expenditure during the previous general election. I came in at approximately €16,500 in a three-seat constituency and almost lost my seat. All the time we were warned of the danger of exceeding the expenditure levels. When I saw the expenditure declared afterwards by some candidates, I could not see how everybody had complied. However, it was deemed to be compliant, which I could not understand. Certain matters need to be clarified for the future. Also included is normal media coverage. How in the name of God could normal media coverage be included as an election expense? A candidate who tripped and fell could have four or five photographs published as a result, which would be deemed as media coverage that would not be normal. I do not know how somebody gets into a situation——

See this speech in context