Electoral (Amendment) Act, 2001

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Amendments to Register.

25A.—(1) If there is any change in the particulars entered in the Register with respect to the name or names of the officer or officers of a political party referred to in paragraph (d) of section 25(7) or in the address of the party's headquarters, the party shall, as soon as may be after the change occurs, inform the Registrar of the change and, where appropriate, the Registrar shall amend the particulars entered in the Register in relation to the party accordingly.

(2) A political party registered in the Register may apply in writing to the Registrar in such form as shall be specified by the Registrar to have any of the particulars, including party emblem (other than those referred to in subsection (1)) entered in the Register in relation to the party amended and the Registrar shall consider each such application and may, subject to the provisions of section 25 and this section, amend the Register accordingly.

(3) As soon as the Registrar has considered an application for amendment of the Register under subsection (2), he shall notify the applicant of the decision on the application (stating reasons in the case of refusal and the provisions of this Act enabling an appeal against the decision) and shall cause notice thereof to be published in Iris Oifigiúil.

(4) The Registrar shall, with respect to each party registered in the Register, inquire in writing at least once in each year from an officer referred to in section 25(7) whether the party desires to remain registered and, unless the Registrar receives an affirmative reply to such an inquiry within 21 days from the date of the making of such inquiry, subsection (5) shall apply in relation to the party.

(5) Where a political party registered in the Register fails to comply with subsection (1), or information provided by it, in purported compliance with that subsection, is not such as to enable the Registrar to comply with section 25(7) or otherwise fails to comply with the requirements of this Part, the Registrar shall, following such inquiry as he thinks fit, publish in Iris Oifigiúil notice of his intention to cancel the registration of the party. The Registrar shall notify the party concerned of his intention and such a notification shall include a reference to the provisions of this Act enabling an appeal against the decision.

(6) Any doubt, dispute or question arising in connection with the particulars required to be entered in the Register pursuant to section 25(7) shall be decided by the appeal board and shall be deemed to be an appeal under section 25B. The Registrar or the political party concerned may submit the doubt, dispute or question to the appeal board in accordance with section 25B(3).

Appeal against decision of Registrar.

25B.—(1) A decision by the Registrar in relation to—

(a) an application for registration under subsection (2) or (3) of section 25, or

(b) an application under subsection (2) of section 25A for amendment of the particulars entered in relation to a party in the Register, or

(c) the cancellation of the registration of a party under subsection (5) of section 25A,

may be questioned by an appeal to the appeal board under this section and, pending the determination by the appeal board of such an appeal, the decision of the Registrar shall not have effect.

(2) Where the Registrar has decided to refuse an application for registration including the registration of an emblem or an application for an amendment of the Register and has stated the reasons for so doing in accordance with subsection (9) of section 25 or subsection (3) of section 25A, such statement shall be regarded as a sufficient statement of the reasons for the decision.

(3) (a) Not later than 12 noon on the twenty-first day after the publication in Iris Oifigiúil of a decision by the Registrar on an application for registration under subsection (2) or (3) of section 25 or for the amendment of the particulars in relation to a party entered in the Register under section 25A(2) or in regard to the cancellation of the registration of a party under section 25A(5), an appeal may be made to the appeal board against the decision—

(i) in the case of a decision to refuse either an application for registration including the registration of an emblem or an application for an amendment of the Register, by the party by which the application was made,

(ii) in the case of a decision to allow either an application for registration or an application for amendment of the Register, by any political party registered in the Register at the time of the giving by the Registrar of such notice,

(iii) in the case of a decision to cancel a registration, by the party whose registration it is proposed to cancel.

(b) Where no appeal is made under this subsection within the period specified in paragraph (a), the decision shall at the expiration of the said period become final and the Registrar shall notify the applicant or, as the case may be, the party whose registration he has decided to cancel.

(c) An appeal under this subsection shall be in writing, shall state the grounds on which the appeal is made, shall be addressed to the Clerk of the Seanad and shall be delivered or sent by post so as to reach the Clerk not later than the time specified in paragraph (a), together with the deposit referred to in paragraph (d), and any such appeal which is received by the Clerk of the Seanad after that time shall not be entertained or considered by the appeal board.

(d) An appeal under this section shall not be considered by the appeal board unless at the time the appeal is made a deposit of £500 is lodged with the Clerk of the Seanad by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the appeal board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited.

(e) A deposit forfeited under this section shall be disposed of by the Clerk of the Seanad in such manner as may be directed by the Minister for Finance.

(f) The Clerk of the Seanad, immediately on receipt of an appeal under this subsection, shall—

(i) notify the Registrar of such receipt;

(ii) furnish the Registrar with a copy of the appeal;

(iii) publish a notice in Iris Oifigiúil that an appeal has been lodged; and

(iv) make the documentation in relation to the appeal available for inspection at all convenient times.

(g) Any services, including the services of staff, that may reasonably be required by the appeal board for the purposes of its functions under this section shall be made available to it by the Chairman of the Dáil from the Joint Staff of the Houses of the Oireachtas.

(4) (a) For the purposes of considering appeals under subsection (3) there shall be an appeal board which shall consist of a Judge of the High Court (to be nominated by the President of the High Court), who shall be chairman, the Chairman of the Dáil (or where the Chairman of the Dáil is unable, through illness, absence or other cause to fulfil the duties of the office or the office of Chairman is vacant, the Deputy Chairman of the Dáil) and the Chairman of the Seanad (or where the Chairman of the Seanad is unable, through illness, absence or other cause to fulfil the duties of the office or the office of Chairman is vacant, the Deputy Chairman of the Seanad).

(b) The appeal board, in determining an appeal under this section, shall consider—

(i) the grounds for the appeal stated pursuant to subsection (3)(c), and

(ii) such information (if any) as was made available to the Registrar in connection with the application for registration (including registration of a political party emblem), the application for amendment of the Register or the proposed cancellation of the registration, as the case may be.

(c) The Registrar shall give to the appeal board such information in relation to every appeal considered pursuant to this section as the appeal board may reasonably require of him.

(d) If information additional to that referred to in paragraph (b)(ii) is furnished to the appeal board, the appeal application, if the board considers it appropriate and directs accordingly, shall be returned to the Registrar for his consideration and treated, if appropriate, as a new application for registration or an amendment of the Register by the Registrar.

(e) The decision of the appeal board shall be final and shall be complied with.

General provisions relating to Registration.

25C.—(1) A decision by the Registrar on an application for registration, including the registration of an emblem, or for amendment of the particulars entered in the Register in respect of a party or in relation to the cancellation of the registration of a party under section 25A(5) or a decision by the appeal board on an appeal under section 25B shall not have effect in relation to the relevant election where the decision of the Registrar or the board is made or the period for making an appeal under section 25B(3) against the decision of the Registrar expires—

(a) in the case of a Dáil election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Dáil election, after the date of the issue of the writ or writs,

(b) in the case of a European election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a European election, after the date of the making of the order of the Minister under section 10 of the European Parliament Elections Act, 1997 ,

(c) in the case of a local election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a local election, after the date of the making of the order of the Minister under section 21 of the Local Government Act, 1994 ,

(d) in the case of an election to Údarás na Gaeltachta relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest an election to Údarás na Gaeltachta, after the date of the making of the order of the Minister for Arts, Heritage, Gaeltacht and the Islands under article 6 of the Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 ).

(2) The Registrar shall maintain the Register at his office, permit any person to inspect the Register at such time and under such conditions as may be specified by the Registrar and shall furnish, on request, to any person a copy of the Register.

(3) Where an order of a court or a request by any person is made for the production by the Registrar of the Register or a copy thereof, the production of a copy of the Register accompanied by a certificate of the Registrar that such copy is a copy of the Register shall in any civil or criminal proceedings be prima facie evidence of the fact so certified and it shall not be necessary, unless the court on receipt of the certificate and copy of the Register so orders, for the Registrar to attend in person to attest to any matter relating to the Register or the certificate.

(4) The Registrar may require any person to give any information in the possession of such person which the Registrar may require for the purpose of his duties under this Part.

(5) (a) Without prejudice to subsection (4), the Registrar may require from any political party which applies for registration (including registration of an emblem) in, or for amendment of, the Register all such information as the Registrar reasonably requires for the determination of the application, and the Registrar may refuse the application of any party which fails or refuses to give any information so required of it under this section.

(b) For the avoidance of doubt, notwithstanding the authority of the Registrar to request information, it shall be the duty of every political party which applies for registration (including the registration of an emblem) in, or for amendment of, the Register to provide to the Registrar such information as may be necessary to enable the Registrar to consider the application.

(c) The Registrar may require that—

(i) information furnished for the purposes of this Part shall be accompanied by a statutory declaration made by the person by whom the information is furnished (or by such other person as the Registrar considers appropriate in the circumstances) that, to the best of the person's knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps in order to be satisfied as to the accuracy of the information;

(ii) any statement in relation to the number of recorded members of a party shall be certified by a public auditor.

(d) In paragraph (c) ‘public auditor’ means a public auditor, for the purposes of the Industrial and Provident Societies Acts, 1893 to 1978, and the Friendly Societies Acts, 1896 to 1977.

(6) (a) Where a party is registered in the Register as a party organised to contest a particular type or types of election, the registration shall have effect only in relation to elections of the type or types concerned.

(b) Where a party is registered in the Register as a party organised to contest an election or elections in a specified part of the State, the registration shall have effect only in relation to that part of the State.

(7) Not later than the third day (disregarding any excluded day) after the day of the issuing under section 39 of the writ or writs at a Dáil election, the Registrar shall send to the returning officer or each returning officer, as the case may be, a copy of the Register then in force, including a copy of the emblems of political parties registered in it.

(8) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this Part.

(9) The Register of Political Parties in force at the commencement of section 11 of the Electoral (Amendment) Act, 2001, shall be deemed to be the Register prepared and maintained under this Part, including for the purpose of applications in writing made to the Registrar for registration in respect of Údarás na Gaeltachta elections.”.