John O'Mahony (Mayo, Fine Gael)
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Question 972: To ask the Minister for the Environment, Heritage and Local Government the reason people who are successful in local election are given an extra seven days to make their disclosures under the Local Election (Disclosure of Donations and Expenditure) Act 1999; his views on whether this is fair; and if he will make a statement on the matter. [33535/09]

John Gormley (Dublin South East, Green Party)
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I refer to the reply to Question No. 320 of 22 September 2009. The Local Elections (Disclosure of Donations and Expenditure) Act 1999, as amended, requires that all candidates, both successful and unsuccessful, furnish a statement of election expenses and statutory declaration to the local authority concerned within 90 days following polling day.

Section 20 (1) of the Act provides that where an unsuccessful candidate fails to furnish the relevant statement within the specified period, the person shall 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, the relevant statement, 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.

In the case of an unsuccessful candidate who failed to furnish a statement to the local authority concerned, there is no scope to provide for a suspension from membership of that local authority.

The requirement to submit a statement of election expenses and statutory declaration, and the disqualification provisions that apply for non-submission, have been in effect for the local elections held in 1999, 2004 and 2009. I consider that 90 days is more than adequate to make a return, and would be reluctant to relax the provisions currently contained in the legislation.

However, if practical issues emerge with the implementation of legislation, then I will, of course, consider them to determine any action that may be required.

Question No. 973 answered with Question No. 952.