The Sunday Tribune has learned that councillor Chris Andrews has been sending his newsletter to constituents in pre-paid Oireachtas envelopes which is in breach of regulations. Andrews, who is contesting in Dublin South East, says the literature was sent out jointly by himself and sitting TD Eoin Ryan but the cover letter is solely in his name and only mentions Ryan at the end. The newsletter has a picture of Ryan on the front alongside Andrews, but the TD is mentioned just once in the five-page correspondence.

Under legislation Andrews should have indicated that the newsletters were sent out on behalf of Ryan using the TD's freepost envelopes. Both Andrews and Ryan have accepted this.

The cover letter included with the newsletter says: "As you may know I have been selected to represent Fianna Fail in the upcoming election, replacing Eoin Ryan MEP."

It concludes with the line, "I would be honoured to receive your number-one vote in the upcoming general election."

When asked about the newsletter Andrews said: "It's a joint campaign between myself and Eoin Ryan. He is a TD for the area and is entitled to use Oireachtas envelopes."

When it was put to him that the "joint" correspondence merely had Ryan on the front and didn't mention him inside Andrews said Ryan's name was on the back of it. When the Tribune pointed out that Ryan was not mentioned anywhere on the back of the newsletter Andrews said: "I thought it was there, but it was quite a while ago that I sent it out."

Constituents in Dublin 8 were still receiving the newsletter 10 days ago. Andrews also did not know how many letters were sent in Oireachtas envelopes but said it could be "maybe 50 to 100, I don't know". Ryan, who is resigning his seat to concentrate on being an MEP, defended the literature saying, "It is prior to the election and the main thing in the envelope is the newsletter so it is therefore legitimate."

Andrews' running mate Jim O'Callaghan said, "I have never used an Oireachtas envelope in my life, " when asked if it was common practice among the party candidates in Dublin South East.

Lucinda Creighton, who is representing Fine Gael in the same constituency said, "Of course its giving him an unfair advantage and at this stage of the game it's not on. I don't think TDs should be sending out election literature in Oireachtas envelopes but certainly not unelected councillors. It's a total abuse and there are very clear guidelines.

There are no grey areas."

Existing regulations allow for TDs and senators to forfeit their pre-paid envelopes, which are worth over 10,000 a year, if they allow "another person" to use them for anything other than their parliamentary duties.

A new rule is to be introduced within months requiring a barcode identifier on each envelope which will instantly identify any TD or senator who gives Oireachtas envelopes to their associates for electioneering purposes.