Returning TDs could face legal challenge after landmark ruling

Victor

http://www.ireland.com/newspaper/breaking/2002/0516/breaking69.htm
Returning TDs could face legal challenge after landmark ruling
By Eoin Burke-Kennedy Last updated: 16-05-02, 17:31

Successful candidates in tomorrow’s General Election could find their victories challenged after a landmark ruling by the High Court today, according to Fianna Fail Candidate Mr Des Kelly.

The Court found the exemption of free Oireachtas services from the election expenses of sitting TDs was unconstitutional.

The case was brought by Fianna Fáil Election Dublin Mid-West candidate, Mr Desmond Kelly, who claimed the £20,000 spending limit imposed on election candidates unfairly discriminates in favour of outgoing members of the Oireachtas.

Mr Kelly contended that the provisions of the 1997 Electoral Act excluded from calculation the services provided for free to outgoing TDs and Senators such as office space, secretarial services, stationary and printing services.

In his ruling Mr Justice McKechnie agreed with Mr Kelly's contention that the provision gave an unfair advantage to the incumbent TD or senator and was "repugnant to the constitution".

He said he was unable to decide what the consequences would be for the General Election but that it would be a matter for the Oiretachtas.

The decision means that candidates submitting their election expenses in 56 days time, could find themselves in breach of the constitution if they have exceeded their limit and therefore open to prosecution.

Outside the court, Mr Kelly said the ruling meant all outgoing members of the Oireachtas could be in breach of the Constitution. He said the Judge's decision paved the way for returning TDs to be challenged in the High Court.

Mr Kelly told ireland.com: "I always felt I had moral right on my side and today I established legal right".

The provision in the 1997 Act had meant TDs and Senators did not have to include in their expenses various Oireachtas freebies such as offices, phones, secretaries, postage and envelopes.

The ruling today means that when these costs are factored in, many incumbent politicians may be found to have exceeded their expenses limit and therefore had an unfair advantage.

Victor

http://www.ireland.com/newspaper/breaking/2002/0517/breaking34.htm
Expenses case will not affect election - Dempsey
By Eoin Burke-Kennedy Last updated: 17-05-02, 12:59

A High Court ruling yesterday on the election expenses of outgoing TDs will not affect this election the Minister for Environment, Mr Dempsey, said today.

The Minister said the judgment would "be studied when the High Court Order has been perfected".

The High Court ruled outgoing TDs must include the value of free Oireachtas services such as Dáil secretaries, offices and postage in their election spending limit. These services could amount to as much as €5,000 and push candidates above their election spending limit, leaving them open to prosecution.

The case, taken by Fianna Fáil Election candidate Mr Desmond Kelly could allow returning TDs to be legally challenged on the grounds their incumbency gave them an unfair advantage over other candidates.

Mr Dempsey conceded the ruling "may impact on compliance with the limits on election expenses".

In the three-day hearing, lawyers for Mr Kelly claimed the £20,000 spending limit imposed on election candidates was discriminatory because it excluded from calculation the services provided for free to outgoing TDs and Senators such as office space, secretarial services, stationary and printing services.

In his ruling Mr Justice McKechnie agreed with Mr Kelly's contention that the provision gave an unfair advantage to the incumbent TD or senator and was "repugnant to the constitution".

sceptre

I assume using an autodialler to phone people (counting as an ordinary call for billing purposes) would have to be accounted for also?:D

http://www.boards.ie/vbulletin/showthread.php?s=&threadid=52036

Victor

Originally posted by sceptre
I assume using an autodialler to phone people (counting as an ordinary call for billing purposes) would have to be accounted for also?:D

And thousands of prime road side advertising sites.