Michael Canney and CST - criminal investigation by Gardai and SIPO

[Michael Martin]

[I just came across this, in the Standards in Public Office (SIPO) Annual Report
2007. Despite the fact that Mr Canney and Campaign to Save Tara (CST) displayed
big signs, saying "In the Public Interest", at the launch of the lawsuit (he
ended up withdrawing), the public have never received an explanation as to the
circumstances and outcome of the SIPO investigation here. From the report below
it is clear that SIPO handed the matter over to the Gardai, for criminal
investigation, as a report on election campaign spending was never received. The
group disbanded, six months after the report was due. Yet, certain members
continue to trade under the name, and are actively collecting donations at the
CST bank account. I think it is time we demanded an explanation, as this is
shocking reflection on anyone who ever had anything to do with that group.]

Annual Report 2007
Dáil general election 2007
http://www.sipo.gov.ie/en/Reports/AnnualReports/AnnualReport2007/Na...\
m

The 29th Dáil was dissolved on 29 April 2007 and polling day was 24 May 2007; a
total of 466 candidates contested the election.

In March 2007, the Standards Commission published its guidelines for the
election. These were formally issued to candidates, election agents and national
agents once the election was called. During 2006 and early 2007 the Standards
Commission provided a number of briefing sessions to political parties on the
requirements of the legislation which would apply at the Dáil general election
and responded to a number of requests for advice from potential participants.
Once the election was called, Standards Commission staff visited constituencies
to meet with candidates' election agents and to provide advice and assistance
regarding the requirements of the legislation.

Unsuccessful candidates were required to furnish a Donation Statement and
accompanying documentation to the Standards Commission by 19 July 2007. Details
of donations, with a value greater than €634.87, received in relation to the
election were required to be disclosed. Successful candidates were required, as
members of Dáil Éireann, to furnish an annual Donation Statement and
accompanying documentation to the Standards Commission by 31 January 2008.

The election agent of each candidate was required to furnish an Election
Expenses Statement to the Standards Commission by 19th July 2007. These Election
Expenses Statements included details of all election expenses incurred and
payments made by the election agents on goods, property or services used on
behalf of the candidate at the election during the election period (i.e., from
the date of dissolution on 29 April to polling day on 24 May). An Election
Expenses Statement was also required from the national agent of each political
party with candidates contesting the election and from "other persons" who
incurred election expenses. The Standards Commission secretariat made every
effort to assist election agents, national agents and "other persons" with the
completion of their forms.

The Standards Commission furnished a report on the Dáil general election to the
Ceann Comhairle on 13 December 2007. The report showed that election expenses of
€11.08M were incurred on behalf of candidates and political parties at the
election. This represented an increase of almost 20% on the figure reported for
the 2002 Dáil general election. This figure represented expenditure on
property, goods or services used for election purposes during the election
period only. Expenditure on property, goods or services used before the election
period was not required to be accounted for. No candidate or political party
exceeded the statutory expenditure limits. 300 candidates qualified for a
reimbursement of their election expenses. The total payable to these candidates
was €2.64M.

Donations with a total value of €0.53M were disclosed by 103 unsuccessful
candidates. 196 unsuccessful candidates returned a "nil" statement. Two
candidates failed to furnish a Donation Statement which is an offence under
section 25(1)(c) of the 1997 Act.

The Standards Commission referred 14 files to the Gardaí in relation to
contraventions of the Electoral Acts at the election. Nine of these related to a
failure to furnish a Donation Statement; four concerned a failure to furnish an
Election Expenses Statement (three election agents and one "other person") and
one was in relation to a failure by a candidate to provide relevant
documentation to her election agent. Statutory documentation was subsequently
received in all but three of these cases and no prosecution of the offences was
initiated.

In the three cases concerned, Mr Thomas King (unsuccessful candidate and
election agent), Mr Jim Tallon (unsuccessful candidate and election agent) and
Mr Michael Canney (who acted on behalf of the Campaign to Save Tara), the
required statutory documentation has still not been received. In Mr King's case
the Standards Commission has been informed by the Gardaí that the forms were
completed and the Chief Superintendent in Galway recommended that no prosecution
be initiated. At the time of writing, the forms had still not been received. In
the case of Mr Tallon, the DPP decided that the public interest did not require
a prosecution. In relation to Mr Canney, the Standards Commission understands
that the investigation has not yet been completed.

In its report, the Standards Commission also referred to a number of other
candidates, election agents and "other persons" whose statutory documentation
had not been finalised.