John O'Mahony (Mayo, Fine Gael)
Link to this: Individually | In context

Question 320: To ask the Minister for the Environment, Heritage and Local Government his views on the Local Election (Disclosure of Donations and Expenditure) Act 1999, in which successful candidates are given an extra seven days to make their disclosures in contrast to unsuccessful ones; and if he will make a statement on the matter. [32187/09]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

Section 13(1)(a)(ii) of the Local Elections (Disclosure of Donations and Expenditure) Act 1999, as amended, provides that an elected member of a local authority shall, within 90 days next following the polling day at an election, furnish in person to the local authority concerned, a statement in writing of all election expenses (whether paid or not) incurred. Section 13(1)(a)(iii) of the Act provides that an unsuccessful candidate shall, within 90 days following the polling day at an election, furnish in person to the local authority concerned a statement in writing of all expenses (whether paid or not) incurred. Returns in respect of the local elections held on 5 June 2009 should therefore have been submitted to each local authority no later than 3 September 2009.

Section 20 (1) of the Act provides that where an unsuccessful candidate at an election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13(1)(a)(iii), the person shall, on the expiry of such specified period, be disqualified for membership of any local authority for the remainder of the term of office of the members of the local authority concerned.

Section 20(2) of the Act provides that where a member of a local authority elected at the election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13(1)(a)(ii) the member shall be suspended from membership of the authority for the period of 7 days commencing on the expiry of the time specified for this purpose, or a lesser period ending on the compliance by the member with the requirements of section 13, and if at the end of that period the member has not complied with the requirements of section 13, the member shall be disqualified for membership of any local authority.