1. These guidelines for the Seanad Bye-election of 13 November 2015 have been published by the Standards Commission in accordance with section 4(6)(a) of the Electoral Act 1997, as amended.
2. There is no limit on expenditure for the Seanad Bye election. Insofar as the Seanad Bye election is concerned, the electoral legislation is of relevance to candidates in relation to donations only. These guidelines cover the main requirements of the Act relating to the acceptance and disclosure of political donations received by candidates in relation to the Bye election to the Seanad.
3. The Standards Commission is required to publish guidelines and give advice on how the Act works in practice. A person must act in accordance with guidelines or advice published or given by the Standards Commission unless, by so doing, they would be contravening another provision of the Act. Advice is given preferably either in writing or by email.
4. If a person is in any doubt about any aspect of the legislation, he or she should contact the Standards Commission Secretariat. The Standards Commission recommends that advice should be sought immediately if a matter arises about which there is uncertainty.
5. The staff of the Standards Commission Secretariat will be available before, during and after the Bye election campaign to help resolve any difficulties that may arise. Contact details are on page 2.
6. Failure to comply with certain provisions of the Act is a criminal offence. The most serious offence is to knowingly furnish a false or misleading Donation Statement. This is punishable by a fine of up to €25,394.76 and/or imprisonment for up to 3 years.
7. The Guidelines reflect the legal position as it applies at the time of publication, i.e., October 2015. The Standards Commission may issue further guidelines to candidates on specific issues which may arise during the course of the Bye election campaign.
8. The Standards Commission was established in December 2001 by the Standards in Public Office Act 2001. The members of the Standards Commission are:
· The Hon. Mr. Justice Daniel O’Keeffe, former Judge of the High Court, Chairman of the Standards Commission;
· Mr Seamus McCarthy, Comptroller and Auditor General;
· Mr Peter Tyndall, Ombudsman;
· Mr Peter Finnegan, Clerk Assistant of Dáil Éireann;
· Ms Deirdre Lane, Clerk of Seanad Éireann; and
· Mr Jim O’Keeffe, former member of Dáil Éireann.
The Standards Commission has a permanent Secretariat which is located at 18 Lower Leeson Street, Dublin 2.