McDowell did not breach funding rules over polls, says commission

THE STANDARDS in Public Office Commission has ruled that former Progressive Democrats leader Michael McDowell did not breach …

THE STANDARDS in Public Office Commission has ruled that former Progressive Democrats leader Michael McDowell did not breach State funding rules by spending more than €100,000 of State-supplied money to pay for opinion polls.

The issue has led to a series of heated exchanges over the past year between Mr McDowell and his legal representatives and the commission, which initially questioned the spending.

Last night, a spokesman for the PDs said the party was pleased that “after an examination of this matter”, the commission was “now satisfied” that the €112,000 was spent in 2006 according to the rules.

“The work of organising an orderly wind-down of the party will continue in the new year. Further work needs to be done. It’s expected that the party will organise a special event to mark the official ending of the party,” he said.

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The disagreement between Mr McDowell, who has returned to his practice as a barrister, and the commission led to the PDs failing to meet the April 30th deadline for submitting its accounts.

The commission told the Department of Finance in May that the PDs’ accounts were “outstanding”. It filed returns on July 2nd.

In its report published yesterday, the standards commission, which is headed by High Court judge Mathew P Smith, urged Minister for Finance Brian Lenihan to grant it extra powers to make legally binding rulings on the proper use of the allowance.

“Unlike the Ethics in Public Office Acts 1995 and 2001 or the Electoral Act 1997 as amended (the Electoral Acts), the Standards Commission does not have a statutory advice function in relation to the use of the allowance,” it said.

“There is a need, therefore, for either the Standards Commission or the Minister for Finance to be able to publish guidelines or give advice on the appropriate use of the allowance and for such guidelines and advice to be legally binding on the persons to whom they apply,” it went on.

The commission said it “regularly receives requests” for advice on spending the State payments, but it cannot force parties “to accept or comply” with its views, unless the proposed spending is specifically outlawed.

Political parties received nearly €13 million from the State in 2007, but the money is not to be used for elections – though it does not exclude polling carried out for research on issues. Six parties – Fianna Fáil, Fine Gael, Labour, Sinn Féin, the Progressive Democrats and the Green Party – received €5,433,327 last year under the Electoral Acts. The same six, together with the Socialist Party, which is no longer represented in the Dáil, qualified for €7.5 million under the party leaders’ allowance.

Fianna Fáil received €4.97 million from the State; Fine Gael got €3.8 million; Labour €2.05 million; the Progressive Democrats €780,000; the Greens €696,000 and Sinn Féin €588,736. The Socialist Party received €22,408.

The parties receive €68,074 per each TD for each of the first 10 elected; €54,458 for each one thereafter up to 30 members and, finally, a payment €27,237 for any one over 30. Each party gets €44,512 to run its affairs under the Electoral Acts for each of the first five Senators in its parliamentary party and €22,257 for every Senator over that number.

Independent TDs, such as Finian McGrath and Tony Gregory, are paid an allowance of €39,169 on top of their Dáil salaries, while independent Senators qualify for €22,257. Nearly €430,000 was paid in this way to independents in the Dáil and Seanad, and they are not required to outline to the standards commission the uses of this money.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times