Electoral legislation does not prevent Gerry “The Monk” Hutch running in the Dublin Central byelection, but there may be “consequences afterwards”, the Minister for Justice has said.
Jim O’Callaghan said if a person has been served with a summons by the Criminal Assets Bureau (Cab) or an outstanding tax bill, “that has to be met”.
Mr O’Callaghan was speaking at Government Buildings in Dublin on Monday, where he was questioned about Mr Hutch potentially running in the byelection.
“I don’t know who is going to win the Dublin Central byelection. Obviously, any candidate who wants to run has to comply with the provisions set out in the Electoral Act system – who can and can’t be a candidate,” he said.
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“But in terms of other issues, issues have to be resolved. If you have been served with a summons by Cab and if you have a tax bill that has to be met, that has to be met.
“I don’t want to get into the specifics of an individual, but if you look, the Electoral Act is clear, it doesn’t preclude somebody in his [Mr Hutch’s] position from running as a candidate. However, there may be consequences afterwards.”
Gardaí believe Mr Hutch will run in the Dáil byelection and use the long build-up to the poll to try to register hundreds, even thousands, of new voters in Dublin’s north inner city.
Several senior officers said he is highly motivated to secure a Dáil seat. They believe it is all but certain he will run in the Dublin Central byelection to replace former minister for finance Paschal Donohoe, who left politics last week for a position at the World Bank in Washington.
Gardaí and political sources added that because Mr Hutch so narrowly missed out on winning a seat in last year’s general election, after securing 3,100 first-preference votes, he and his supporters now believe he could win a seat.
The 62-year-old Dubliner teased another run for a Dáil seat on social media after Mr Donohoe announced last week he was leaving politics. Mr Hutch pledged to “update” his supporters soon and described himself as the people’s choice.
The Standards in Public Office Act 2001 introduced a tax-clearance requirement for all members of the Dáil. Mr Hutch would not be eligible for the tax-clearance certificate unless he settled a recent demand for almost €800,000 by Cab. It relates to alleged undeclared income between 2006 and 2010.
However, even though all members of the Oireachtas must be able to prove they are tax compliant, the Electoral Commission said in reply to queries: “There is no legislative bar to a person with an unpaid tax bill standing for election in Ireland.”
In 2023, Mr Hutch was acquitted by the Special Criminal Court of the murder of David Byrne (33), who was shot dead at the Regency Hotel, Dublin, in 2016.
