TDs and senators have been warned not to use pre-paid Oireachtas envelopes or other Oireachtas facilities to support candidates in next week's European and local elections.
The warning was issued by the Standards in Public Office Commission today in response to queries concerning the use of pre-paid envelopes by Oireachtas members in support of candidates.
The Commission said it had made it clear on a number of occasions in the past that use of Oireachtas envelopes for electoral purposes by Members and the supply of such facilities to others in any circumstances was inappropriate.
Oireachtas members are provided with free postal facilities under section 2 of the Oireachtas (Allowances to Members) Act 1962, as amended. This provision was introduced in accordance with Article 15.15 of the Constitution which provides:
“The Oireachtas may make provision by law for the payment of allowances to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Oireachtas may determine.”
In a statement the Commission said: “Accordingly, Oireachtas members must only use the free postal facilities provided to them from public funds under the 1962 Act in respect of their duties as public representatives and not for any other (eg. electoral or party) purpose”.
It added that Ministers and Ministers of State should follow the provisions of the terms of the Code of Conduct for Office Holders which states that “official facilities should be used only for official purposes”.
The codes of conduct for members of Dáil Éireann and of Seanad Éireann also state that “in performing their official duties, Members must apply public resources prudently and only for the purposes for which they are intended.”
“The Standards Commission can confirm that, where a candidate at the European or Dáil bye-elections uses Oireachtas envelopes during the election period (notwithstanding that it is inappropriate to do so), it is regarded as an election expense and must be accounted for.
“It is also regarded as a donation from the Member who provides the envelopes. If the value of the donation exceeds €600, it must be disclosed on the candidate’s Donation Statement. The name of the Member who provided the envelopes must also be disclosed. The Standards Commission understands that similar provisions may apply to local election candidates under the Local Elections (Disclosure of Donations and Expenditure) Act 1999, as amended.”
