The deputy leader of Fine Gael, Mr Jim Mitchell, has been cleared of any wrongdoing by the Public Offices Commission in relation to an opinion poll conducted into the party leadership in January.
In a statement yesterday, the commission said following an investigation into the commissioning of the poll it had concluded there was no breach of the Electoral Act and no offence was committed by Mr Mitchell. Their inquiries followed a complaint by a Fianna Fail TD, Mr Sean Fleming.
Mr Mitchell said he was "happy to note" the commission's decision. "Their ruling is completely in keeping with what I always believed to be the position. Deputy Fleming had used a complaints mechanism which facilitates independent arbitration of complaints. I believe this is the manner in which all complaints against members of the Oireachtas should be conducted," he said.
The complaint was made by Mr Fleming on February 20th "concerning the use of private polls by Deputy Jim Mitchell as part of his campaign to be leader of Fine Gael which requires investigation in the public interest to establish whether a breach of the Electoral Act has occurred". The poll had found he was the first choice of voters to succeed Mr John Bruton as leader.
Mr Mitchell told the commission that Mr Fleming's complaint was "wholly mischievous" and one which "seeks to embroil the commission in what is wholly a political charge with no basis in law or in ethics or in fact".
He explained that in the second week of January, a supporter rang him and suggested the taking of a poll might be helpful. Mr Mitchell said he made it clear he would not approve of or authorise the taking of such a poll.
A few days later, he said, a second supporter also suggested a poll and received a similar reply. He subsequently learned that both of these supporters, public relations executive Mr Nigel Heneghan and party supporter Mr Greg Walsh, discussed the matter between themselves on January 18th and "notwithstanding my express reservations", decided to investigate the practicalities of commissioning a poll.
The first Mr Mitchell knew that it was going ahead was on February 2nd. Three days later he was given a summary of the details by one of the promoters. He was informed the poll had cost a total of £9,000 which was to be funded by the 20 supporters who would pay £450 each.
The commission decided it had to get Mr Heneghan and Mr Walsh to corroborate Mr Mitchell's account of events.
Both wrote a letter to the commission stating that Mr Mitchell's letter was "factual and accurate in every respect".
The commission said it was satisfied the poll was commissioned by the two men, and accepted "on the basis of evidence available", that none of the 20 people involved paid more than £500.
Last night, a Fine Gael spokesman, when asked if Mr Mitchell intended revealing the names of the other 18 people involved, said: "He has observed the ruling of the commission in full."