The Government is to bring forward electoral law changes early in the new year, following a Supreme Court judgment that could threaten to put some TDs over legal spending limits.
The court ruled that outgoing TDs must include Oireachtas-provided services, such as secretaries, post and telephones in their spending returns to the Standards in Public Office Commission.
Under the Electoral Act, candidates in the May 17th general election were allowed to spend €25,395 in three-seat constituencies, €31,743 in four-seaters, or €38,092 in five-seaters.
Before the campaign, the commission guidelines made it clear that outgoing TDs and senators running for the Dáil did not have to include Oireachtas facilities in their returns.
Already, a number of defeated candidates, such as Labour's Mr Nicky Kelly and Independent Cork South Central candidate Ms Kathryn Sinnott have indicated they may go to the courts to overturn Dáil results. Mr Kelly, who lost to Independent TD Ms Mildred Fox by just 19 votes in Wicklow said the ruling appeared to suggest that Oireachtas services had given her an advantage.
Welcoming the decision, Ms Sinnott said: "I am absolutely delighted. There is no doubt but that outgoing TDs had an advantage over others in the campaign. No doubt about it." The Sinn Féin Ard Comhairle meeting in Dublin today will debate the judgment, which could have implications for Cllr Nicky Keogh, who was narrowly beaten in Dublin Central.
"But it doesn't necessarily mean that a court challenge would stand up because a judge could decide that the services did not influence the result sufficiently," said a Sinn Féin spokesperson.
Each of the 462 candidates who contested the Dáil elections have 21 days to submit final spending figures to the commission. It will publish a full list in the New Year.
The commission will meet next week to consider the implication of the Supreme Court's ruling, a spokesman said last night.
Politicians found to have exceeded the limits face a €1,270 fine if found guilty by the courts, although they can argue they did not "knowingly" breach the law.
Last night, the Department of the Environment said the Minister, Mr Cullen, has already said he believed the legislation is neither fully workable, nor transparent. However, a spokesman said this did not mean Mr Cullen will increase the spending limits.
However, the leader of the Labour Party, Mr Pat Rabbitte, warned that Labour would resist any attempt by the Government to raise limits, which were previously raised in 2001.
