Pádraic McCormack (Galway West, Fine Gael)

The Bill outlines the nature of the alternative mechanisms to which I refer.

It is important to note that responsibility will rest with the candidate or proposer to attach the 30 statutory declarations to the nomination paper and deliver all the documentation to the returning officer by the deadline for receipt of nominations. An assentor must confirm on the statutory declaration that he or she has not consented to the nomination of any other candidate in the election concerned. Under the Statutory Declarations Act 1938, a person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding €2,539.48 or imprisonment for a term not exceeding six months, or both. However, under the new section 52(1)(c), a candidate's nomination will not be invalid where a person assents to the nomination of more than one candidate, which is reasonable. Forms for the giving of assent will be available from returning officers and registration authorities.

I ask the Minister to clarify one other provision in the legislation. Under the new section 52(1)(b), a returning officer may rule as invalid a nomination paper from a candidate who has opted for the assenting alternative if he or she considers that the candidate has not complied with the relevant statutory requirements set out in the Bill. If candidates now have two options, either to lodge €500 with the returning officer or have their nomination papers signed by 30 assentors, will the Minister clarify exactly what that paragraph means?

My party is not opposing the Bill which is necessary owing to the lack of foresight and other provisions. I have asked the Minister to clarify when introducing this Bill what legal advice his predecessor received. We are not opposing the Bill because it was necessary to correct the ridiculous position whereby an Independent candidate had to bring 30 persons with him or her when handing in the nomination paper.

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