Electoral Act, 1997

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Review by Public Offices Commission.

4.—(1) The Public Offices Commission shall consider every statement furnished to it pursuant to sections 20 , 24 , 36 , 48 and 56 and regulations made under section 72 and every notification furnished to it under section 23 and, where it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil on any matter arising in relation to such statements.

(2) Where the Public Offices Commission, following consideration by it of a statement of election expenses furnished to it pursuant to section 36 or 56 or regulations made under section 72 , finds a minor error or omission in the statement, the Commission shall furnish to the national agent, election agent or presidential election agent, as the case may be, or a person referred to in section 31 (7) or 52 (6) by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the said agent or said person, as the case may be, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the said agent or said person, as the case may be.

(3) (a) Where the Public Offices Commission, following consideration by it of a statement furnished to it pursuant to section 24 , 36 , 48 or 56 or regulations made under section 72 or a notification furnished to it under section 23 , is of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , the Commission shall furnish to the person who provided the statement or notification details of the possible contravention and the Commission shall inform that person that he or she may furnish comments on the matter to the Commission within 14 days from the date on which the notification issued to that person and that any such comments will be considered by the Commission before considering the matter further.

(b) Where the person to whom a notification issues under paragraph (a) furnishes to the Public Offices Commission his or her comments on the matter referred to in the notification within the period referred to in paragraph (a), the Commission shall have regard to the said comments.

(c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the Public Offices Commission continues to be of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , it shall furnish a written report on the matter (together with any relevant document or other thing in its possession) to the Director of Public Prosecutions.

(4) The Public Offices Commission may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the Commission may require for the purposes of its duties under this Act.

(5) Every report furnished by the Public Offices Commission pursuant to subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is furnished.

(6) The Public Offices Commission—

(a) shall from time to time draw up and publish to persons to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally and, in particular, with the provisions of those Parts and regulations, and

(b) may, at the request of a person to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies, give advice to the person in relation to any provision of this Act or of regulations made under section 72 or as to the application, in any particular case, of any such provision.

(7) When a request is made under subsection (6) (b) in relation to a particular case, the provision concerned of Part III , IV , V or VI or of regulations made under section 72 shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Public Offices Commission in relation to the case or the Public Offices Commission declines to give such advice.

(8) The Public Offices Commission shall, within 21 days of the receipt by it of a request for advice under subsection (6) (b), furnish the advice to the person concerned or notify the person of its decision to decline to do so.

(9) The provisions of subsection (11) of section 32 of the Ethics in Public Office Act, 1995 shall apply and have effect in relation to the performance by the Public Offices Commission of its functions under this Act.