Electoral Act, 1997

Expenses of returning officers.

77.—(a) The Act of 1992 is hereby amended by the insertion in section 32, after subsection (1), of the following subsection:

“(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every Dáil election in respect of which he is the returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 132.”.

(b) The Act of 1993 is hereby amended by the insertion in section 11, after subsection (1), of the following subsection:

“(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every presidential election in respect of which he is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 57.”.

(c) The Referendum Act, 1994 is hereby amended by the insertion in section 16 after subsection (1), of the following subsection:

“(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every referendum in respect of which he or she is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 42.”.