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".
