Written answers

Tuesday, 4 March 2014

Department of Environment, Community and Local Government

Electoral Reform

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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289. To ask the Minister for Environment, Community and Local Government when the report on the spending limits for candidates in the upcoming local election will be made available; if this report will have updated information on donation protocol for candidates; and if he will make a statement on the matter. [10891/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Elections (Disclosure of Donations and Expenditure) Act 1999, ‘the 1999 Act’, provides for an expenditure and donations disclosure regime at local elections. Provision was made in Part 2 of Schedule 2 of the Local Government Reform Act 2014 for amendments to the 1999 Act to change the spending limit provisions at local elections. Section 12A of the 1999 Act was amended to set three new population bands with spending limits of €13,000, €11,500 and €9,750, respectively.

Section 12B of the 1999 Act provides that the period for the reckoning of election expenses, during which the spending limits apply, is to commence between 50 and 60 days prior to polling day. The date of commencement of the spending period is set out in an order made me, as Minister, before the election. Election spending incurred during this period must be reported to the local authority concerned and must be below the specified limit. In complying with this provision, there is a requirement to submit a statement of donations and expenses within 90 days of polling day on forms which are prescribed in regulations. The necessary forms were prescribed in the Local Elections (Forms) Regulations 2014, Statu tory Instrument No. 100 of 2014, signed by me on 26 February 2014.

Under section 18(6) of the 1999 Act, local authorities must draw up and publish to persons to whom the Act applies, guidelines concerning the steps to be taken by them to ensure compliance with the Act generally. To support local authorities in this regard my Department prepares draft guidelines which local authorities may then make available. These draft guidelines are prepared in two volumes and include the forms on which returns must be made. One set of guidelines is concerned with the statutory obligations for candidates. The other set deals with the statutory obligations for national agents of a political party, designated persons and third parties. These draft guidelines are expected to issue to local authorities during this week.

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