By . Ken Foxe . PUBLISHED: . 20:14 EST, 5 January 2013 . | . UPDATED: . 21:59 EST, 5 January 2013 . Funds: Clare Daly used cash to pay for household charge fight . A blunder by Oireachtas officials who omitted a single word from the guidelines for claiming expenses means that TDs are allowed to claim for travel across the length and breadth of the country. In July, Socialist TDs Joe Higgins, Clare Daly and Joan Collins came under intense pressure to pay back expenses they had used to fund their nationwide campaign against the household charge. The Oireachtas even issued a press release insisting such expenses could only be used for travel within a politician’s constituency, not outside – and that they would have to return the money. However, legal advice from the Attorney General passed on to red-faced Oireachtas officials confirmed that the TDs could in fact claim for travel outside Dublin. And it was all because of a mistake made by the Oireachtas when it prepared guidelines on expenses. Under the expenses regime in place in 2010, it was made specifically clear that travel claims covered only a TD’s constituency. However, when new booklets were prepared following the election of March 2011, the word ‘constituency’ had accidentally been omitted. Internal emails obtained by the Irish Mail on Sunday reveal how the error was only spotted after controversy arose over the Socialist TDs. Deputy Higgins had faced calls to pay back in excess of €1,000 while a number of other TDs including Ms Daly and Ms Collins also admitted they had used their expenses to pay for travel outside of their constituencies. An email from Oireachtas staff member Cliona O’Rourke outlined how the problem had only cropped up when a new travel and accommodation allowance was being introduced for politicians. It said: ‘As all legislation and regulations... had specified travel as constituency travel, the information booklet, issued to members in March 2010, specified that “other travel” was constituency travel. ‘However, subsequent booklets – including those that issued to the new members after the election quoted the regulation directly and referred to “travel expenses which the member is obliged to incur in the performance of his or her duties”. Pressure: TD Joan Collins, left, was told to pay back cash she had claimed while Joe Higgins, right, was furious at press coverage he described as 'malicious' ‘The fact that the regulation excluded the word “constituency” when referring to travel has, in our view, raised a legal issue which may have to be clarified by the Attorney General.’ Ms O’Rourke said the Oireachtas believed that their intention had been clear and that the payment was meant only to cover constituency travel. She said: ‘Notwithstanding that fact, however, the regulation does not specify that position exactly.’ The Houses of the Oireachtas then sought legal advice and were told the regulation did only cover constituency travel. They issued a press release saying so, heaping further pressure on the TDs involved to reimburse the money. Socialist Party TD Joe Higgins was furious and wrote to Minister Brendan Howlin saying he had been the victim of ‘malicious’ coverage in the press. He wrote: ‘It is not fair that certain media interests can use a lack of clarity to launch gratuitous and malicious attacks on [individuals] for their own reasons.’ Separately, however, the Oireachtas had also sought assistance from the Department of Public Expenditure and Reform, who asked the Attorney General Máire Whelan for her advice. The Department said Ms Whelan’s opinion was that the Oireachtas’ position was untenable because the word constituency was ‘not explicitly stated’. The Houses of the Oireachtas said that they had taken the view that non-constituency travel was already covered by the €41,000 ‘leader’s allowance’ that is paid to each Independent TD every year. The travel and accommodation allowance can be claimed by all TDs and ranges from €12,000 for Dublin-based politicians to €37,850 for those furthest away from the Dáil. The allowances are to be cut under changes announced by Minister Howlin in the Budget, with lower rates applying to Senators.
Word 'constituency' omitted from revised guidelines in 2011 .
Attorney General says TD could claim for travel outside Dublin .
By . Ken Foxe . PUBLISHED: . 20:14 EST, 5 January 2013 . | . UPDATED: . 21:59 EST, 5 January 2013 . Funds: Clare Daly used cash to pay for household charge fight . A blunder by Oireachtas officials who omitted a single word from the guidelines for claiming expenses means that TDs are allowed to claim for travel across the length and breadth of the country. In July, Socialist TDs Joe Higgins, Clare Daly and Joan Collins came under intense pressure to pay back expenses they had used to fund their nationwide campaign against the household charge. The Oireachtas even issued a press release insisting such expenses could only be used for travel within a politician’s constituency, not outside – and that they would have to return the money. However, legal advice from the Attorney General passed on to red-faced Oireachtas officials confirmed that the TDs could in fact claim for travel outside Dublin. And it was all because of a mistake made by the Oireachtas when it prepared guidelines on expenses. Under the expenses regime in place in 2010, it was made specifically clear that travel claims covered only a TD’s constituency. However, when new booklets were prepared following the election of March 2011, the word ‘constituency’ had accidentally been omitted. Internal emails obtained by the Irish Mail on Sunday reveal how the error was only spotted after controversy arose over the Socialist TDs. Deputy Higgins had faced calls to pay back in excess of €1,000 while a number of other TDs including Ms Daly and Ms Collins also admitted they had used their expenses to pay for travel outside of their constituencies. An email from Oireachtas staff member Cliona O’Rourke outlined how the problem had only cropped up when a new travel and accommodation allowance was being introduced for politicians. It said: ‘As all legislation and regulations... had specified travel as constituency travel, the information booklet, issued to members in March 2010, specified that “other travel” was constituency travel. ‘However, subsequent booklets – including those that issued to the new members after the election quoted the regulation directly and referred to “travel expenses which the member is obliged to incur in the performance of his or her duties”. Pressure: TD Joan Collins, left, was told to pay back cash she had claimed while Joe Higgins, right, was furious at press coverage he described as 'malicious' ‘The fact that the regulation excluded the word “constituency” when referring to travel has, in our view, raised a legal issue which may have to be clarified by the Attorney General.’ Ms O’Rourke said the Oireachtas believed that their intention had been clear and that the payment was meant only to cover constituency travel. She said: ‘Notwithstanding that fact, however, the regulation does not specify that position exactly.’ The Houses of the Oireachtas then sought legal advice and were told the regulation did only cover constituency travel. They issued a press release saying so, heaping further pressure on the TDs involved to reimburse the money. Socialist Party TD Joe Higgins was furious and wrote to Minister Brendan Howlin saying he had been the victim of ‘malicious’ coverage in the press. He wrote: ‘It is not fair that certain media interests can use a lack of clarity to launch gratuitous and malicious attacks on [individuals] for their own reasons.’ Separately, however, the Oireachtas had also sought assistance from the Department of Public Expenditure and Reform, who asked the Attorney General Máire Whelan for her advice. The Department said Ms Whelan’s opinion was that the Oireachtas’ position was untenable because the word constituency was ‘not explicitly stated’. The Houses of the Oireachtas said that they had taken the view that non-constituency travel was already covered by the €41,000 ‘leader’s allowance’ that is paid to each Independent TD every year. The travel and accommodation allowance can be claimed by all TDs and ranges from €12,000 for Dublin-based politicians to €37,850 for those furthest away from the Dáil. The allowances are to be cut under changes announced by Minister Howlin in the Budget, with lower rates applying to Senators.
from the Attorney General passed on to red-faced in fact claim for travel outside Dublin. And it