Guidelines are to be drawn up "as a matter of urgency" for TDs and Senators on the use of facilities and services in Leinster House once the general election is called.
The Irish Timeshas learned that the Houses of the Oireachtas Commission is to appoint a senior counsel to help draw up the guidelines for elected representatives on the use of "publicly funded services and facilities" following the dissolution of the Dáil.
The move is a result of the High Court judgment in the Des Kelly case before the last general election. The court found that publicly funded property, services or facilities used for electoral purposes during the election period must be accounted for as election expenses.
Mr Kelly, an unsuccessful Fianna Fáil candidate in Dublin Mid West, went to the High Court to have the cost of facilities or services, such as faxes, phones, and post available free to Oireachtas members included in the calculation of their election expenses.
He argued that their exclusion gave unfair advantage to sitting members.
As outgoing TDs contesting the election can argue that they will be using Dáil facilities to communicate with their constituents during the election period, it is necessary to differentiate between normal constituency business and electoral business. The Houses of the Oireachtas guidelines being drawn up will make it clear to TDs and Senators what they can and cannot count as election expenses.
The minutes of a recent Houses of the Oireachtas Commission meeting says a senior counsel with expertise in administrative law will be appointed to work with the Parliamentary Legal Advice Service (PLAS) in drawing up draft guidelines "as matter of urgency".
Before the last general election there was controversy when TDs and Senators complained they were effectively barred from using their Oireachtas offices and other facilities in the course of election campaigns due to the Kelly case.
At the time, Opposition TDs said this was unfair given that ministers, ministers of state and the chairs of Oireachtas committees were not put out of their offices.
They claimed that 66 per cent of Government TDs would be facilitated in one way or another in a fashion the Opposition deputies would not be, while up to 85 per cent of Opposition deputies will be disadvantaged.
Election candidates who exceed current election spending limits, which range from €25,394 in a three-seat constituency to €38,092 in a five-seater, face stiff fines.
Minister for the Environment Dick Roche is expected to make a decision in weeks on whether he will increase the current limits on election spends by candidates and parties. When the Minister makes his decision, the Standards in Public Office Commission will finalise its guidelines.
