Michael Kitt (Galway East, Fianna Fail)

On the earlier point made by Senator Coffey, the Minister will make an order in respect of the number of days. We have provided in the Bill for between 50 and 60 days, as the Senator mentioned. The reason these parameters have been set is to ensure the policy is set in primary legislation. If no upper or lower parameters were set, the Minister of the day effectively would have an unfettered ability to set the spending limit period by order and, in theory, could act against the spirit of the legislation. I assure the Senator the Minister will make an order in respect of the number of days.

In responding to the amendment, it may be beneficial if I outline in greater detail the intention behind the provision contained in section 4, which deals with the allocation of a portion of a candidate's spending limit for the use of the national agent of a political party. As is the case with Dáil and other election codes, the spending limits for local elections will apply to individual candidates in the first instance. However, unlike the spending limits which operate for other electoral codes, candidates nominated by a political party will be deemed to automatically allocate 10% of their spending limits for use by the party's national agent at national level. For example, a party candidate with a limit of €7,500 will be deemed to automatically allocate €750 for use by his or her party. There is no provision to allow this figure to be varied upwards or downwards by written agreement between a candidate and the national agent of his or her political party.

The maximum the national agent of the party may spend will be the sum of the amounts allocated by the individual candidates. This can be spent nationally or within an electoral area and the national agent may also authorise a designated person locally to incur a portion of the expenditure that has been allocated to him or her.

Under the current arrangements for Dáil elections, when candidates allocate a portion of their limit for use by the national agent of their party this must be done in writing. Given the number of candidates involved in the local elections, this approach would create significant administrative difficulties and would be unwieldy to the point of being inoperable. A position will therefore apply whereby 10% of a candidate's limit will be deemed to be allocated for use by the national agent. This will allow sufficient latitude for political parties to fund their election campaigns at local elections. An option is also available to vary the amount, although this would have to be done in writing.

It is envisaged that written agreements would follow a similar form to those used at general elections where a candidate or his or her agent can apportion part of his or her spending limit to the national agent of his or her party. The wording of the Bill as it stands achieves the objective I have set out and has been approved by the Parliamentary Counsel. I do not propose, therefore, to accept the amendment.