TDs face legal action on right to hold seats

THREE candidates who were narrowly defeated in the general election are considering legal challenges against any TDs found to have broken official election spending limits.

This follows a Supreme Court ruling yesterday which found that election spending guidelines were biased in favour of sitting politicians as they did not have to include in their spending returns the cost of free Dáil facilities such as envelopes, telephones and secretarial work.

Anyone now found to have spent over the legal election limit for their constituencies could have their Dáil seats challenged and face prosecution for overspending.

The three unsuccessful candidates considering challenges are Kathy Sinnott (Ind) in Cork South-Central, Nicky Kelly (Lab) in Wicklow and Paul Kelly (FF) in Kildare North.

All sitting TDs have to deliver their amended spending returns to the State's spending watchdog, the Standards in Public Offices Commission, within 20 days.

Legal experts say there is potential for narrowly defeated candidates to successfully challenge election results if they can prove spending above the official limit was likely to have swayed voters.

However, it is less likely TDs will be prosecuted for overspending as legislation states that anyone who "knowingly" cheated spending limits will be prosecuted.

Ms Sinnott, the disability rights campaigner who lost out by six votes after a five-day recount to Fianna Fáil's John Dennehy, said she was thrilled with the Supreme Court result.

"Many of my supporters have already been on to me asking me to challenge the result," she added.

Labour's Nicky Kelly and FF's Paul Kelly also said they will consider their options.