Returning TDs could face legal challenge after landmark ruling

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

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.

The Minster for the Environment, Mr Dempsey, this evening said he believed the the ruling had no implications for tomorrow's General Election.

"The judgment has coincided with the end of the election period and expenditure by candidates would have been largely or entirely incurred in good faith and in accordance with legislation and guidelines issued by the Standrds in Public Office Commission," he said.