The Attorney General is to consider the issue of exactly when the clock starts ticking for calculating expenses incurred by candidates during elections.
The interpretation of legislation covering this area was raised following an overspend by the successful Labour Party candidate, Dr Mary Upton, in the Dublin South Central by-election in October 1999. The issue was referred to the Attorney General, Mr McDowell, by the Department of the Environment. A division of the Ombudsman's office referred the case to the DPP. The Public Offices Commission said Dr Upton's election agent, Mr Niall Connolly, had broken the £17,550 limit by £257.62.
Mr Connolly had told commission investigators that the cause of the overspend was his belief that rent and insurance of a campaign office in the period prior to the writ being moved would not be considered an election expense; that insurance costs on the office were much higher than in previous elections; and that a VAT charge had arisen in relation to a party political broadcast.
The commission told the DPP it did not believe Mr Connolly knowingly overspent, but that it was for the DPP to decide if action was warranted. The DPP opted not to prosecute.
In the Dublin South Central by-election, according to the commission, £67,918 was spent by candidates and political parties. Dr Upton spent £17,807; Mr Michael Mulcahy (FF), £17,426; and Ms Catherine Byrne (FG), £15,326. The lowest spending, at £163, was by Natural Law Party candidate, Mr John Burns.