December 2003 - Review of Electoral Acts

PART IV DISCLOSURE OF DONATIONS

Section 22(2)(aa)
a) The definition of 'candidate' in section 22(2)(aa) of the Act appears to exclude a person who is nominated in the period between the date of movement of the writ and close of nominations. (A different definition of 'candidate' in provided in section 27.)

b) Provide that the definition of 'institution' include credit unions.

c) The definition of " third party" could be interpreted to include a TD, Senator or MEP, i.e. only political parties and candidates at an election are excluded.

Section 22(2)(b)
a) Provide that expenditure incurred by a political party on a candidate's behalf at a local election will not be regarded as a donation.

b) Provide that the repayment of election expenses by a candidate to his / her political party shall not be regarded as a donation to the party, to the extent that the amount repaid does not exceed the amount of money spent by the party on the candidate at the election.

Section 23
Specify that accounting units may not accept anonymous donations.

Section 23A (1)(f)
Specify that donations from the same donor in the same year to a political party and each of its accounting units are subject to the maximum limit of €6,348.69.

Section 23A (5)(b)
Provide that where prohibited donations are notified and remitted to the Standards Commission under this section, a copy of the notification shall be laid before both Houses of the Oireachtas and the amount remitted shall be disposed of in accordance with the directions of the Minister for Finance.

Section 23B (1)
Provide in this section for the use of an existing political donations account.

Section 23B (2)
Provide an offence and penalty for failure by the appropriate officer of a political party to notify the Standards Commission of the name and address of each accounting unit of the party and the name and address of the responsible person of the accounting unit.

Section 23B (3)
Provide that members of the Houses who retire, are required to furnish a Certificate of Monetary Donations and statement from a financial institution with their last annual Donation Statement.
Section 23B (4)
Provide that where an existing political donations account is being used, the statement from the financial institution shall specify the transactions in relation to a specific period (i.e. within 6 / 12 months of polling day or from the date of the first monetary donation received in relation to the election).

Section 23B (4) (a)
As transactions may take place on the political donations account after polling day, and for consistency with the provisions of section 24(2)(a), the reference in this section should be to "transactions in relation to the election".

Section 23B - Surplus donations
Provide for the disposal of surplus donations in situations where a person is no longer required to maintain a political donations account and there are funds remaining in the account which have not been used.

Section 23C
As stated in Part 3 of this document (Third Parties), provide for a single registration for the purposes of complying with sections 23C and 31(7).

Section 24 (1)
Provide that where a person holds a dual mandate, or where, in a particular year, he / she served as a member the Dáil and / or Seanad and unsuccessfully contested a Dáil or Seanad election (or both), the person shall be required to furnish a single Donation Statement in respect of his / her membership of Dáil / Seanad Éireann and his / her candidacy at the election(s). (An outgoing member of the Oireachtas who unsuccessfully contested the Dáil and Seanad general elections was required to furnish 3 Donation Statements (and accompanying documentation) to the Standards Commission during 2002).

Section 24 (1A)
Provide that a political party (including its branches) shall not be regarded as a donor for the purposes of this section.

Clarify that a branch (or other organ) of a political party shall be regarded as a donee for the purposes of this section.

Include a reference to a candidate at a Presidential election.

Section 25
Provide an offence and penalty for failing to open and maintain a political donations account when required to do so.

Provide an offence and penalty for failing to comply otherwise with the provisions of Part IV of the Electoral Act.

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