Electoral Act, 1997

Electoral Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Electoral Act, 1997 Electoral Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 25 of 1997 ELECTORAL ACT, 1997 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Variation of monetary amounts by order of Minister. 4. Review by Public Offices Commission. PART II Constituency Commission 5. Establishment of Constituency Commission. 6. Function of Constituency Commission. 7. Membership of Constituency Commission. 8. Provisions in relation to members. 9. Report of Constituency Commission. 10. Constituency Commission to invite and consider submissions. 11. Staff of and assistance to Constituency Commission. 12. Expenses of Constituency Commission. 13. Procedure of Constituency Commission. 14. Prohibition on disclosure of information. 15. Prohibition of certain communications. PART III Payments to Political Parties and Reimbursement of Election Expenses of Candidates 16. “Qualified party”. 17. Payments to qualified parties. 18. Application by qualified parties of payments under this Part. 19. Making of payments. 20. Party to furnish statement regarding payments. 21. Reimbursement of election expenses of candidates. PART IV Disclosure of Donations 22. Interpretation (Part IV). 23. Anonymous donations. 24. Donation statement. 25. Offences and penalties (Part IV). 26. Disclosure of donations by companies, trade unions, etc. PART V Expenditure by Political Parties and Candidates at Dáil Elections and European Elections 27. Interpretation (Part V). 28. Appointment of national agent and election agent. 29. Office of agent. 30. Making of contracts through agent. 31. Expenses and payments at election. 32. Limitation of election expenses at Dáil election. 33. Limitation of election expenses at European election. 34. Period for making claims relating to election expenses. 35. Disputed claims relating to election expenses. 36. Statement in relation to election expenses. 37. Laying of copy of statement of election expenses before each House of Oireachtas. 38. Relief for non-compliance with Part V. 39. Power of court to require information from agent. 40. Excess expenditure. 41. Provisions relating to fresh election. 42. Provisions where polls at Dáil election and European election are taken on same day. 43. Offences and penalties (Part V). 44. Dáil election petition. 45. European election petition. PART VI Donations and Election Expenses at Presidential Election 46. Interpretation (Part VI). 47. Anonymous donations to presidential candidate. 48. Presidential election donation statement. 49. Orders (Part VI). 50. Appointment of presidential election agent. 51. Making of contracts through presidential election agent. 52. Expenses and payments at presidential election. 53. Limitation of presidential election expenses. 54. Period for making claims in relation to presidential election expenses. 55. Disputed claims in relation to presidential election expenses. 56. Statement in relation to presidential election expenses. 57. Laying of copy of documents before each House of Oireachtas. 58. Relief for non-compliance with Part VI. 59. Power of court to require information from agent. 60. Provisions relating to fresh presidential election. 61. Offences and penalties (Part VI). 62. Presidential election petition. PART VII Persons Unable to Vote at Polling Station 63. Entry of names in postal voters list. 64. Application to be entered in postal voters list. 65. Applicant to provide information or documents. 66. Notices and application forms. 67. Consideration of applications. 68. Voting by electors referred to in section 63. 69. Amendment of Act of 1997. 70. Amendment of Local Elections Regulations, 1995. PART VIII Miscellaneous 71. Appointment of appropriate officer by political party. 72. Donations and election expenses at local elections. 73. Inspection of documents furnished to Public Offices Commission. 74. Offences by bodies corporate. 75. Local election petition. 76. Registration of electors. 77. Expenses of returning officers. 78. Free postage for candidates at elections. 79. Arrangements for counting of votes. 80. Production of documents by Clerk of Dáil. 81. Amendment of section 25 of Act of 1992. 82. Amendment of Local Elections Regulations, 1995. Acts Referred to Building Societies Act, 1989 1989, No. 17 Civil Service Regulation Act, 1956 1956, No. 46 Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1990 Electoral Act, 1992 1992, No. 23 Electoral Acts, 1992 to 1996 Ethics in Public Office Act, 1995 1995, No. 22 European Assembly (Irish Representatives) Act, 1979 1979, No. 19 European Parliament Elections Act, 1997 1997, No. 2 European Parliament Elections Acts, 1992 to 1997 Friendly Societies Acts, 1896 to 1977 Industrial and Provident Societies Acts, 1893 to 1978 Local Elections Acts, 1974 to 1994 Local Elections (Petitions and Disqualifications) Act, 1974 1974, No. 8 Local Government (Dublin) Act, 1993 1993, No. 21 Ministerial and Parliamentary Offices Acts, 1938 to 1996 Oireachtas (Allowances to Members) Acts, 1938 to 1996 Oireachtas (Allowances to Members) (Amendment) Act, 1994 1994, No. 21 Presidential Elections Act, 1993 1993, No. 28 Presidential Elections Acts, 1992 and 1993 Presidential Establishment Acts, 1938 to 1991 Referendum Act, 1994 1994, No. 12 Referendum Acts, 1992 and 1994 Seanad Electoral (Panel Members) Act, 1947 1947, No. 42 Seanad Electoral (Panel Members) Acts, 1947 to 1972 Seanad Electoral (University Members) Act, 1937 1937, No. 30 Seanad Electoral (University Members) Acts, 1937 to 1973 Succession Act, 1965 1965, No. 27 Trade Union Acts, 1871 to 1990 Údarás na Gaeltachta Act, 1979 1979, No. 5 Number 25 of 1997 ELECTORAL ACT, 1997 AN ACT TO ESTABLISH A CONSTITUENCY COMMISSION, TO MAKE PROVISION FOR PAYMENTS TO POLITICAL PARTIES AND CANDIDATES, TO MAKE PROVISION FOR DISCLOSURE OF DONATIONS FOR POLITICAL PURPOSES, TO REGULATE EXPENDITURE AT ELECTIONS BY POLITICAL PARTIES AND CANDIDATES, TO PROVIDE VOTING ARRANGEMENTS FOR CERTAIN PERSONS UNABLE TO VOTE AT POLLING STATIONS AND TO PROVIDE FOR OTHER ELECTORAL MATTERS. [15th May, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation, construction and commencement. 1.—(1) This Act may be cited as the Electoral Act, 1997. (2) The Electoral Acts, 1992 to 1996, and this Act may be cited together as the Electoral Acts, 1992 to 1997 and shall be construed together as one Act. (3) The Presidential Elections Acts, 1992 and 1993, Part VI and, insofar as they relate to presidential elections, Parts VII and VIII may be cited together as the Presidential Elections Acts, 1992 to 1997, and shall be construed together as one Act. (4) The collective citation “the European Parliament Elections Acts, 1992 to 1997” shall include this Act insofar as it relates to European elections and the European Parliament Elections Acts, 1992 to 1997 shall be construed together as one Act. (5) The Local Elections Acts, 1974 to 1994, and Parts VII and VIII , insofar as they relate to local elections, may be cited together as the Local Elections Acts, 1974 to 1997, and shall be construed together as one Act. (6) (a) Sections 1 , 2 and 4 , Part IV , sections 46 , 47 , 48 , 57 (1) (other than paragraph (b)), and sections 50 and 61 (insofar as they relate to donations at a presidential election), 71 and 73 (other than paragraphs (a) and (c)), and 74 shall come into operation on the passing of this Act. (b) Parts I, III, V, VI and section 73 other than those provisions specified in paragraph (a) shall come into operation on the first day of January, 1998. (c) This Act, other than those provisions specified in paragraphs (a) and (b), shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “the Act of 1992” means the Electoral Act, 1992 ; “the Act of 1993” means the Presidential Elections Act, 1993 ; “the Act of 1997” means the European Parliament Elections Act, 1997; “the appropriate officer” has the meaning assigned to it in section 71 ; “commercial price”, in relation to the supply of property, goods or services and the lending of property or goods, means— (a) where the person by whom the property or goods are supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service, the lowest price or consideration charged by the person for the supply or lending in the normal course of business of an equivalent amount of property or goods of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by the person in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service, and (b) where the person by whom the property or goods are supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property or goods of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service from a person who carries on such a business; “constituency” means, as the context may require, a Dáil constituency or a European Parliament constituency; “the consumer price index number” means the All Items Consumer Price Index compiled by the Central Statistics Office and a reference to such a number at a particular time shall be construed as a reference to such a number expressed on the basis that the consumer price index number at mid-November, 1996, is 100; “donation statement” has the meaning assigned to it by section 24; “election”, except in Parts VII and VIII means, as the context may require, a Dáil election or a European election or both a Dáil election and a European election; “election agent” has the meaning assigned to it by section 28; “local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town; “national agent” has the meaning assigned to it by section 28; “person”, except in Part VI , shall include an individual, a body corporate and an unincorporated body of persons and a body corporate and any subsidiary thereof shall be deemed to be one person; “personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 ; “political party”, except in Part VI or section 72 , means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a Dáil election or a European election or both such elections; “polling day” means the day appointed by order of the Minister to be polling day at a presidential election or a Dáil election or a European election or a local election or a referendum, as the case may be; “property” means real and personal property; “the Public Offices Commission” means the Commission established by section 21 of the Ethics in Public Office Act, 1995 ; “qualified party” has the meaning assigned to it by section 16; “Seanad election” means the election of members to the Seanad from panels of candidates and the election of members by universities and includes both a Seanad general election and a Seanad bye-election. (2) In this Act— (a) a reference to a Part or section, is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended; (b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended; (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. (3) Where a provision of this Act imposes a duty to be performed in respect of a preceding year or a year the reference in that provision to year shall in relation to the year in which the provision comes into operation be construed as a reference to the period between the day on which the provision concerned came into operation and the following 31st day of December. (4) Nothing in Part IV or VI shall apply to donations received before the coming into operation of Part IV or of the provisions of Part VI insofar as they relate to donations. (5) Nothing in Part V or VI shall apply to the incurring of expenditure before the coming into operation of those Parts. Variation of monetary amounts by order of Minister. 3.—(1) The Minister may, by order, vary any monetary amount specified in section 21 , 23 , 24 (4), 26 (1), 30 , 31 , 32 , 47 , 48 (1), 51 or 52 , or in regulations made under section 21 or 72 or in an order made under section 33 (1) or 53 , having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section, and may, by order, amend or revoke any such order. (2) For the purposes of this section, “change in the consumer price index” means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the provision specifying the amount applying immediately before the making of the said order, including an order under this section, expressed as a percentage of the last-mentioned number. (3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done thereunder. Review by Public Offices Commission. 4.—(1) The Public Offices Commission shall consider every statement furnished to it pursuant to sections 20 , 24 , 36 , 48 and 56 and regulations made under section 72 and every notification furnished to it under section 23 and, where it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil on any matter arising in relation to such statements. (2) Where the Public Offices Commission, following consideration by it of a statement of election expenses furnished to it pursuant to section 36 or 56 or regulations made under section 72 , finds a minor error or omission in the statement, the Commission shall furnish to the national agent, election agent or presidential election agent, as the case may be, or a person referred to in section 31 (7) or 52 (6) by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the said agent or said person, as the case may be, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the said agent or said person, as the case may be. (3) (a) Where the Public Offices Commission, following consideration by it of a statement furnished to it pursuant to section 24 , 36 , 48 or 56 or regulations made under section 72 or a notification furnished to it under section 23 , is of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , the Commission shall furnish to the person who provided the statement or notification details of the possible contravention and the Commission shall inform that person that he or she may furnish comments on the matter to the Commission within 14 days from the date on which the notification issued to that person and that any such comments will be considered by the Commission before considering the matter further. (b) Where the person to whom a notification issues under paragraph (a) furnishes to the Public Offices Commission his or her comments on the matter referred to in the notification within the period referred to in paragraph (a), the Commission shall have regard to the said comments. (c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the Public Offices Commission continues to be of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , it shall furnish a written report on the matter (together with any relevant document or other thing in its possession) to the Director of Public Prosecutions. (4) The Public Offices Commission may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the Commission may require for the purposes of its duties under this Act. (5) Every report furnished by the Public Offices Commission pursuant to subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is furnished. (6) The Public Offices Commission— (a) shall from time to time draw up and publish to persons to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally and, in particular, with the provisions of those Parts and regulations, and (b) may, at the request of a person to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies, give advice to the person in relation to any provision of this Act or of regulations made under section 72 or as to the application, in any particular case, of any such provision. (7) When a request is made under subsection (6) (b) in relation to a particular case, the provision concerned of Part III , IV , V or VI or of regulations made under section 72 shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Public Offices Commission in relation to the case or the Public Offices Commission declines to give such advice. (8) The Public Offices Commission shall, within 21 days of the receipt by it of a request for advice under subsection (6) (b), furnish the advice to the person concerned or notify the person of its decision to decline to do so. (9) The provisions of subsection (11) of section 32 of the Ethics in Public Office Act, 1995 shall apply and have effect in relation to the performance by the Public Offices Commission of its functions under this Act. PART II Constituency Commission Establishment of Constituency Commission. 5.—(1) Upon the publication by the Central Statistics Office, following a Census of Population, of the Census Report setting out the population of the State classified by area there shall be established by the Minister, by order, a commission (in this Act referred to as “a Constituency Commission”) to perform the function assigned to it by this Part. (2) A Constituency Commission and its members shall be independent in the performance of their functions under this Act. (3) Every order made under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made. Function of Constituency Commission. 6.—(1) It shall be the function of a Constituency Commission to make a report in relation to the constituencies for— (a) the election of members to the Dáil, and (b) the election of representatives to the European Parliament. (2) In preparing a report under subsection (1) (a) a Constituency Commission shall, in observing the relevant provisions of the Constitution in relation to Dáil constituencies, have regard to the following: (a) the total number of members of the Dáil, subject to Article 16.2.2° of the Constitution, shall be not less than 164 and not more than 168; (b) each constituency shall return three, four or five members; (c) the breaching of county boundaries shall be avoided as far as practicable; (d) each constituency shall be composed of contiguous areas; (e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency; and (f) subject to the provisions of this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies. (3) In preparing a report under subsection (1) (b) a Commission shall have regard to the following: (a) the total number of representatives to be elected in the State to the European Parliament shall be 15 or such other number as may be specified for the time being pursuant to the treaties governing the European Communities; (b) there shall be reasonable equality of representation as between constituencies; and (c) the matters specified in paragraphs (b) to (f) of subsection (2). (4) The reference in subsection (2) (c) to county boundaries shall be deemed not to include a reference to the boundary of a county borough or any boundary between any two of the administrative counties standing established by virtue of Part II of the Local Government (Dublin) Act, 1993 . Membership of Constituency Commission. 7.—A Constituency Commission shall consist of the following members: (a) (i) a judge of the Supreme Court, or (ii) following consultation with the President of the High Court, a judge of the High Court, nominated by the Chief Justice, who shall be the chairperson of the Commission, (b) the Ombudsman, (c) the Secretary of the Department of the Environment, (d) the Clerk of the Dáil, and (e) the Clerk of the Seanad. Provisions in relation to members. 8.—(1) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9 , the person appointed to be chairperson of the Commission— (a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court or, following consultation with the President of the High Court, another judge of the High Court to be a member and the chairperson of the Commission; (b) ceases to hold office as a judge of the Supreme Court or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of either court to be a member and the chairperson of the Commission. (2) Where the holder of an office referred to in paragraphs (b) to (e) of section 7 , through ill-health or other reasonable cause, is unable to act as a member of a Constituency Commission or any such office is vacant, the Minister may appoint, in the case of— (a) the Ombudsman, the Director of the Office of the Ombudsman, (b) the Secretary of the Department of the Environment, another officer of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 , (c) the Clerk of the Dáil, the Clerk Assistant of the Dáil, and (d) the Clerk of the Seanad, the Clerk Assistant of the Seanad, to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 9 . (3) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9 , a person who is a member of the Commission ceases to hold an office referred to in paragraphs (b) to (e) of section 7 , the person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Minister by order directs that the person's successor in office or the appropriate person referred to in subsection (2) shall be a member of the Commission. (4) Subject to subsections (1), (2) and (3), a Constituency Commission may act notwithstanding vacancies in its membership. Report of Constituency Commission. 9.—(1) As soon as may be after the establishment of a Constituency Commission, and, in any event, not later than six months after such establishment, the Commission shall present to the Chairman of the Dáil— (a) a report containing the recommendations of the Commission in relation to the constituencies for the election of members to the Dáil and any alteration of those constituencies which the Commission considers appropriate, and (b) a report containing the recommendations of the Commission in relation to the constituencies for the election of representatives to the European Parliament and any alteration of those constituencies which the Commission considers appropriate. (2) A report of a Constituency Commission under this section may indicate that, in the opinion of the Commission having regard to subsection (2) or (3) of section 6 , no alteration is required to be made in the constituencies to which the report relates. (3) Upon the presentation by a Constituency Commission of the reports to be presented under this section, the Commission shall stand dissolved. (4) As soon as may be after the receipt of a report of a Constituency Commission, the Chairman of the Dáil shall cause such report to be laid before each House of the Oireachtas. Constituency Commission to invite and consider submissions. 10.—(1) A Constituency Commission shall, as soon as may be after its establishment, give public notice of its intention to make a report relating to— (a) the constituencies for the election of members to the Dáil, and (b) the constituencies for the election of representatives to the European Parliament. (2) (a) As soon as may be after its establishment, a Commission shall prepare— (i) a statement setting out the relevant provisions of the Constitution in relation to Dáil constituencies to which the Commission is required to have regard in preparing a report under section 6 (1) (a), and (ii) statements based on the population as ascertained by the Census of Population last taken before the establishment of the Commission showing, for the constituencies for the time being in force for Dáil and European elections, in relation to each constituency— (I) the number of members or representatives, as the case may be; (II) the population of the constituency; (III) the population per member or representative, as the case may be, of the constituency; and (IV) the percentage variation of population per member or representative, as the case may be, of the constituency from the national average population per member or representative. (b) The Commission shall furnish, on request, to any person a copy of the statements referred to in paragraph (a). (3) The public notice referred to in subsection (1) shall indicate that— (a) the statements prepared by the Commission under subsection (2) may be obtained on request from the Commission, (b) any person may make a submission to the Commission in such manner and within such period as shall be specified in the notice, and (c) submissions received by the Commission within the period specified in the notice referred to in paragraph (b) may be inspected at such place and during such period as shall be specified in the notice and that a copy thereof or of extracts therefrom may be taken on payment of a fee not exceeding the reasonable cost of copying. (4) The Commission shall consider every submission made to it in accordance with such notice. (5) The submissions received by the Commission under this section shall be open to public inspection at such time and place and under such conditions as may be specified by the Commission and the Commission shall permit a copy thereof or of extracts therefrom to be taken on payment of a fee not exceeding the reasonable cost of copying. (6) The Commission shall dispose of all money received by it in respect of fees under subsection (5) in such manner as may be directed by the Minister for Finance. Staff of and assistance to Constituency Commission. 11.—(1) The Minister shall make available to a Constituency Commission such services, including the services of staff, as may reasonably be required by the Commission. (2) The Director General of the Central Statistics Office and the Director of Ordnance Survey shall, on a request being made in that behalf, provide free of charge to a Constituency Commission such assistance as the Commission may reasonably require for the purpose of the performance of its function. Expenses of Constituency Commission. 12.—The reasonable expenses of a Constituency Commission, including the travelling and other expenses of the members of the Commission shall, subject to such conditions as the Minister with the consent of the Minister for Finance may determine be paid out of moneys provided by the Oireachtas. Procedure of Constituency Commission. 13.—Subject to the provisions of this Act, a Constituency Commission shall regulate its own procedure. Prohibition on disclosure of information. 14.—(1) No person shall, without the consent of a Constituency Commission, disclose to any person any information obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 11 relative to the business of the Commission or the performance of the function of the Commission. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. Prohibition of certain communications. 15.—(1) Subject to the provisions of section 10 , it shall not be lawful for any person to communicate with the members of or staff whose services are made available to a Constituency Commission under section 11 for the purposes of influencing the Commission in carrying out its functions. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. PART III Payments to Political Parties and Reimbursement of Election Expenses of Candidates “Qualified party”. 16.—In this Part “qualified party” means a political party in respect of which each of the following conditions is fulfilled— (a) the party is registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised (within the meaning of subsection (2)(a) of that section) in the State to contest a Dáil election; and (b) the total first preference votes obtained by candidates whose candidatures were authenticated by the party at the last preceding general election expressed as a percentage of total first preference votes obtained by all candidates at that election was not less than two per cent. Payments to qualified parties. 17.—(1) Subject to the provisions of this Part, payments shall be made out of the Central Fund or the growing produce thereof to each qualified party which applies therefor. (2) (a) The aggregate of the payments which may be made to qualified parties in any twelve monthly period under this Part shall not, subject to paragraph (b), exceed one million pounds. (b) (i) Whenever, on or after the passing of this Act, there is a general increase of remuneration in the civil service with effect from a particular date, pursuant to agreements or arrangements having effect on a general basis in the civil service (whether or not they also apply in relation to persons employed other than in the civil service), the aggregate of the payments which may be made under this section shall be increased correspondingly with effect from that date. (ii) In this paragraph “civil service” has the meaning assigned to it by the Civil Service Regulation Act, 1956 . (3) The amount payable to qualified parties under subsection (2) shall be allocated to each qualified party in the same proportion as the total number of first preference votes obtained by every candidate of each such qualified party at the preceding general election bears to the total number of first preference votes obtained by candidates of all qualified parties at that election. (4) As soon as may be after the declaration of the result of a general election is completed in each constituency, the Minister shall furnish to the Public Offices Commission and the Minister for Finance, in writing: (a) particulars of the total percentage of first preference votes obtained at the election by candidates of each party referred to in section 16 calculated in accordance with paragraph (b) of the said section, (b) the name of each candidate elected, and (c) the name of each candidate who was not elected to whom the greatest number of votes credited at any stage of the counting of votes at the election exceeds one quarter of the quota, as ascertained from the copy of the notice furnished to the Minister under section 127 (2) of the Act of 1992. (5) Every payment made under this Part to a qualified party shall be exempt from income tax and shall not be reckoned in computing the income for the purposes of the Income Tax Acts of such party. Application by qualified parties of payments under this part. 18.—(1) (a) A qualified party which receives payments under this Part shall, subject to guidelines issued by the Public Offices Commission pursuant to section 4 , apply such payments to any or all of the following purposes, namely— (i) the general administration of the party, (ii) research, education and training, (iii) policy formulation, and (iv) the co-ordination of the activities of the branches and members of the party. (b) Payments made to a qualified party under this Part shall be deemed to include provision in respect of expenditure by the party in relation to the promotion of participation by women and young persons in political activity. (2) A payment made to a qualified party under section 19 shall not be applied to, or to recoup, election expenses incurred at an election within the meaning of the Electoral Acts, 1992 to 1997, the Presidential Elections Acts, 1993 to 1997, the European Parliament Elections Acts, 1992 to 1997, the Seanad (Electoral) (University Members) Acts, 1937 to 1973, the Seanad Electoral (Panel Members) Acts, 1947 to 1972, the Local Elections Acts, 1974 to 1997 or the Údarás na Gaeltachta Act, 1979 or on furthering any particular outcome at a referendum within the meaning of the Referendum Acts, 1992 and 1994. Making of payments. 19.—(1) Subject to subsections (2), (3) and (4), payments under this section shall be made by the Minister for Finance in quarterly instalments in arrears. (2) (a) The first payment under this section shall not be made until not less than three months have elapsed after the coming into operation of this Part. (b) Payments made under this section, calculated in accordance with section 17 , after the date on which this Part comes into operation shall apply from the said date and such payments so calculated shall continue to be made in respect of the period up to and including the day before polling day at the general election held next after the said date. (c) Payments made under this section after the general election next held after the coming into operation of this Part and each subsequent general election shall apply from polling day at such election and such payments, calculated in accordance with section 17 , shall continue to be made in respect of the period up to and including the day before polling day at the general election held next after the first-mentioned polling day. (3) Where, on a dissolution of the Dáil, the period between the end of the quarter in respect of which payments were last made or due to be made before such dissolution and the polling day at the general election occasioned by such dissolution is a period of less than a quarter, the payments due to qualified parties for such period, calculated accordingly, shall be made to such qualified parties for such period. (4) No payment shall be made under this section after the thirtieth day of April in any year (other than the year in which this Part comes into operation) unless and until the statement and the report of the auditor referred to in section 20 and the donation statement and statutory declaration referred to in section 24 as respect the party concerned for the preceding year have been received by the Public Offices Commission and the said Commission has furnished a copy thereof to the Minister for Finance and certified to the said Minister that the said statement and report, and the said donation statement and statutory declaration were completed in accordance with guidelines issued by the Commission under section 4 and comply with the provisions of this Part and Part IV , respectively. Party to furnish statement regarding payments. 20.—(1) As soon as may be after the end of a year in which payments are made to a qualified party under this Part, the appropriate officer of the party shall furnish to the Public Offices Commission a statement in writing, in the form directed by the Commission, signed by the officer, stating that the payments were applied to some or all of the purposes referred to in section 18 (1) and indicating the matters to which the payments were applied, including the amounts applied to the promotion of participation, respectively, by women and young persons in political activity. (2) The appropriate officer of the party shall cause the statement referred to in subsection (1) to be audited by a public auditor and, in furnishing the statement to the Public Offices Commission, shall attach thereto the relevant report of the auditor. (3) The Public Offices Commission shall cause a copy of each statement and auditor's report furnished to it under this section to be laid before each House of the Oireachtas and shall furnish a copy thereof to the Minister for finance. (4) In this section “public auditor” means a public auditor for the purposes of the Industrial and Provident Societies Acts, 1893 to 1978, and the Friendly Societies Acts, 1896 to 1977. Reimbursement of election expenses of candidates. 21.—(1) (a) Subject to paragraphs (b), (c) and (d), election expenses shall be reimbursed to a candidate at a Dáil general election or bye-election who— (i) is elected at the election; or (ii) is not so elected but the greatest number of votes credited to him or her at any stage of the counting of votes at the election exceeds one quarter of the quota. (b) (i) The amount of election expenses which may be reimbursed to a candidate under this section shall be the actual expenses incurred by the candidate or five thousand pounds, whichever is the less. (ii) Election expenses deemed to have been incurred by a candidate of a political party under section 32 (1)(b) shall be reckoned for the purposes of this section. (c) Subject to paragraph (d), payments in respect of the reimbursement of election expenses under this section shall be made by the Minister for Finance out of the Central Fund or the growing produce thereof to each candidate referred to in paragraph (a) who applies therefor to the Public Offices Commission. (d) No payment in respect of the reimbursement of election expenses of a candidate shall be made under this section unless and until the Public Offices Commission has— (i) certified to the Minister for Finance that the relevant statement of election expenses and statutory declaration have been furnished by the election agent of the candidate to the Commission under section 36 , (ii) certified to the said Minister that the said statement was completed in accordance with guidelines issued by the Commission under section 4 , and complies with the provisions of Part V , and (iii) furnished to the Minister for Finance details of the amount of the actual expenses incurred by the candidate. (e) The Public Offices Commission shall furnish to the Minister for Finance, as soon as may be after consideration by it of an application for reimbursement of election expenses under paragraph (c) and the statement of election expenses furnished to it in respect of the candidate under section 36 , the details referred to in paragraph (d) in respect of each candidate who is eligible for reimbursement of election expenses at an election. (f) (i) Where a candidate referred to in paragraph (a) dies after the close of the poll at an election and has not made an application for the reimbursement of election expenses under this section, an application for the reimbursement of the said candidate's election expenses may be made by, and where appropriate, the payment may be made to, the personal representative of the candidate. (ii) Where a candidate referred to in paragraph (a) dies after making an application for the reimbursement of election expenses under this section and before payment is made to the candidate, payment in respect of the reimbursement of the said candidate's expenses may be made to the personal representative of the candidate. (g) Every payment made to a candidate, or the personal representative of a candidate, as the case may be, under this section shall not be liable to income tax. (2) (a) The Minister may make regulations providing for the reimbursement of election expenses of candidates at a presidential election or a European election and may make provisions corresponding to the provisions of this section subject however to any modification in those provisions appearing to the Minister to be appropriate. (b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for all or any of the following matters: (i) the criteria for the reimbursement of election expenses to candidates; (ii) the amount of expenses which may be reimbursed; (iii) the method of payment in respect of the reimbursement of such expenses; and (iv) the procedure in relation to the reimbursement of election expenses where a candidate dies. (3) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. (4) In this section the expression “election expenses”, insofar as it relates to Dáil or European elections, has the meaning assigned to it in section 31 and, insofar as it relates to presidential elections, has the meaning assigned to it in section 52 . PART IV Disclosure of Donations Interpretation (Part IV). 22.—(1) In this Part “subsidiary organisation” means, in relation to any political party, a body or association which— (a) forms part of such political party, or (b) is established by or under the constitution of the political party, or (c) is effectively controlled by the political party or the officers thereof, or (d) has functions conferred on it by or under the constitution of the party. (2) For the purposes of this Part— (a) “donation” means any contribution given for political purposes by any person, whether or not a member of a political party, to a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election and includes all or any of the following, namely— (i) a donation of money, (ii) a donation of property or goods, (iii) conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods, (iv) the supply of services without payment or other consideration therefor, (v) the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price, or (vi) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, the proportion attributable to that contribution of the net profit, if any, deriving from the event; (b) each of the following shall be deemed not to be a donation— (i) free postage provided for a candidate under rule 22 of the Second Schedule to the Act of 1997 or section 57 of the Act of 1992 or the said section 57 as applied to Seanad elections by section 25 of the Seanad Electoral (University Members) Act, 1937 , (ii) any payment, service or facility provided to a person out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party (whether pursuant to this Act, the Oireachtas (Allowances to Members) Acts, 1938 to 1996, the Ministerial and Parliamentary Offices Acts, 1938 to 1996, the European Assembly (Irish Representatives) Act, 1979 , or otherwise) by virtue of being a member of either House of the Oireachtas, a holder of a qualifying office (within the meaning of the Ministerial and Parliamentary Offices Acts, 1938 to 1996), the holder of a position referred to in the Oireachtas (Allowances to Members) (Amendment) Act, 1994, a representative in the European Parliament, a political party, a political group or any group of members in the Dáil, the holder of an elective or other public office or a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party, (iii) benefits derived from services rendered by an individual, including the use of the individual's motor vehicle, on behalf of a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad, European or local election where the said service is gratuitous and is not part of that individual's work carried out under a contract of employment or, where the person is self employed, in the course of the person's business or the practice of the person's profession, (iv) the publication in a newspaper, magazine or other periodical publication or the broadcast on radio or television of news, reports, articles, features, editorial or other comments, including the publication of letters to the editor, where such publication or broadcast is effected in the same manner as that of other material relating to issues of public interest or concern, and the newspaper, magazine or other periodical publication is not published for the purpose of promoting the interests of a political party or a member of either House of the Oireachtas or a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, (v) the transmission on radio or television of a broadcast on behalf of a political party or a candidate at a Dáil or European election; (c) a donation, whether made directly or through any intermediary, shall be deemed to be made— (i) to a political party if it is made to the party, to any branch or subsidiary organisation thereof, to any candidate of the party at a Dáil, Seanad, European or local election, to any member of the party who is a member of either House of the Oireachtas or a local authority or a representative in the European Parliament or to any officer, member or agent of the party or of any branch or subsidiary organisation thereof, (ii) to a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election if it is made to the member, representative or candidate concerned or to any agent or other person acting for the said member, representative or candidate, and any reference to a donation or the acceptance thereof shall be construed accordingly; (d) where a person makes more than one donation— (i) in the same year to the same political party, member of either House of the Oireachtas or representative in the European Parliament, or (ii) in relation to the same Dáil, Seanad or European election to the same candidate, all such donations shall, for the purposes of section 24 , be aggregated and treated as a single donation. Anonymous donations. 23.—(1) A political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election shall not, directly or through any intermediary, accept a donation exceeding £100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the party, member, representative or candidate, as the case may be. (2) Where, notwithstanding subsection (1), a donation, acceptance of which is prohibited by that subsection, is made to a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, the party, member, representative or candidate concerned shall, not later than 14 days after the receipt of such donation, notify the Public Offices Commission in writing of such receipt and remit the donation or the value thereof to the said Commission. (3) The Public Offices Commission shall cause a copy of each notification received under subsection (2) to be laid before each House of the Oireachtas and shall dispose of all moneys, property or goods received under the said subsection in such manner as may be directed by the Minister for Finance. Donation statement. 24.—(1) (a) Not later than the 31st day of January in every year, each person who, in the preceding year, was a member of either House of the Oireachtas or a representative in the European Parliament shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, in respect of the preceding year indicating whether during that year the member or representative, as the case may be, received a donation exceeding in value the relevant amount specified in subsection (4) and stating in respect of each such donation (if any)— (i) the value of the donation, and (ii) the name, description and postal address of the person by or on whose behalf the donation was made. (b) Not later than the 31st day of March in every year, each political party shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, in respect of the preceding year indicating whether during that year the party received a donation exceeding in value the relevant amount specified in subsection (4) and stating in respect of each such donation (if any)— (i) the value of the donation, and (ii) the name, description and postal address of the person by or on whose behalf the donation was made. (2) (a) Not later than the fifty sixth day after the polling day at a Dáil or European election in a constituency, each candidate at the election who was not elected at such election shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, indicating whether in relation to the election the candidate received a donation exceeding in value the relevant amount specified in subsection (4) including in the case of a candidate at a Dáil election, donations received in relation to that election at any time before the issue of the writ or writs in relation to the election and, in the case of a candidate at a European election, donations received at any time before the date of the order appointing polling day at the election and furnishing in respect of each such donation the information referred to at subparagraphs (i) and (ii) of paragraph (a) of subsection (1). (b) Not later than the fifty sixth day after the relevant day on which the poll is closed at a Seanad election, each candidate at the election who was not elected at such election shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, indicating whether in relation to the election the candidate received a donation exceeding in value the relevant amount specified in subsection (4) including donations received before the date of the order appointing days and times at a Seanad general election under section 12 of the Seanad Electoral (University Members) Act, 1937 , or a Seanad general election order made under section 24 of the Seanad Electoral (Panel Members) Act, 1947 , or the date of a Seanad bye-election order under either such Act, as the case may be, and furnishing in respect of each such donation the information referred to at subparagraphs (i) and (ii) of paragraph (a) of subsection (1). (3) A statement furnished pursuant to subsection (1) or (2) (to be known, and is referred to in this Act, as a “donation statement”) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the person's knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the statement. (4) The specified amount for the purposes of this section shall be, as respects a political party, £4,000, and as respects any other person, £500. (5) In the case of a political party, the donation statement shall be furnished and the statutory declaration shall be made by the appropriate officer of the party. (6) It shall be the duty of every person who is required by this section to furnish a donation statement and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration. (7) (a) The Public Offices Commission shall cause a copy of each donation statement and declaration furnished in pursuance of this section to be laid before each House of the Oireachtas. (b) On or before the first day of May in each year, the Public Offices Commission shall inform the Minister for Finance, in writing, whether a donation statement in respect of the preceding year has been received from a qualified party. Offences and penalties (Part IV). 25.—(1) The appropriate officer of a political party or the person deemed to have been appointed as the appropriate officer under section 71 , a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election who was not elected at the election shall be guilty of an offence if he or she— (a) fails to notify the Public Offices Commission in accordance with section 23 of the receipt of a donation acceptance of which is prohibited by that section, (b) fails to remit to the Public Offices Commission in accordance with the said section 23 such a donation or the value thereof, (c) fails to furnish the donation statement and make the statutory declaration required by section 24 on or before the relevant specified date, or (d) knowingly furnishes a donation statement or makes a statutory declaration which is false or misleading in any material respect. (2) Where a person is guilty of an offence under this section— (a) the person shall be liable on summary conviction to a fine not exceeding £1,000, (b) the person shall be liable, where the offence is an offence referred to in subsection (1)(d), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and (c) where the conviction relates to failure to furnish a donation statement under section 24 , the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding £100. (3) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions. Disclosure of donations by companies, trade union, etc. 26.—(1) There shall be included in— (a) the report by the directors of a company under section 158 of the Companies Act, 1963 , and the annual return under section 125 or 126, as may be appropriate, of that Act, (b) the annual return to be made to the Registrar of Friendly Societies by a trade union (within the meaning of the Trade Union Acts, 1871 to 1990) or a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, and (c) the report of a building society (within the meaning of the Building Societies Act, 1989 ) under section 78 of that Act, particulars of all donations (within the meaning of section 22 or 46 or regulations made under section 72 ) exceeding £4,000 in value made by the company, trade union, society or building society, as the case may be, in the year to which the report or return relates, including particulars sufficient to identify— (a) the value of each such donation, and (b) the person to whom the donation was made. (2) For the purposes of this section— (a) “company” …