January 2008 - Guidelines for TDs, Senators and MEPs on donations and prohibited donations

Part 3 - Donations

A donation to a member/MEP means any contribution given for political purposes by any person, whether or not the person is a member of a political party, and includes all or any of the following, namely -

• a donation of money (including a donation of money given to a member/MEP by his/her political party)
• a donation of property or goods;
• conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods;
• the supply of services without payment or other consideration therefor;
• the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods, or the supply of any service, where the price, fee or other consideration is less than the commercial price (this can include a loan provided to a member/MEP by a financial institution at terms and conditions which are more favourable than that provided by the financial institution to other individuals. Details of the Standards Commission's position with regard to the issuing and repayment of loans are set out in part 4 of these guidelines.);
• a contribution made by a person to a fund-raising event organised for the purpose of raising funds for a member/MEP. The donation is that proportion of the contribution which is attributable to the net profit, if any, deriving from the event. The position with regard to fund-raising events is explained in greater detail in Appendix 1 of these guidelines.

Donations exceeding €634.87 in value received from the same person in the same calendar year must be disclosed in the member's/MEP's annual Donation Statement (see part 7 for further details). A member/MEP may not accept a donation from the same person in the same calendar year which exceeds €2,539.48 in value (see part 5 for further details). Where a person makes more than one donation to the same member/MEP in the same calendar year, the values of the donations must be aggregated and the donations treated as a single donation for the purposes of observing the disclosure and maximum acceptance limits.

A donation, whether made directly or through any intermediary, will be deemed to have been made to a member/MEP if it is made to him/her or to any agent or other person acting for him/her.

The Act provides that the following items shall not be regarded as a donation to a member/MEP:

• free postage facilities provided, under statute, for candidates at elections;
• any payment, service or facility provided to a member/MEP out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party, pursuant to specified legislation, by virtue of the recipient being:
• a member/MEP;
• the holder of a qualifying office or position;
• the holder of an elective or other public office; or
• a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party;
• a free service provided by an individual, including the use of the individuals motor vehicle, on behalf of a member/MEP, where that service is not part of that individual's work or business;
• a service provided at an election by an employee of a political party, including use of the employees motor vehicle, whether the employee's remuneration is paid out of party resources or public funds, and the employee is not in receipt of any additional reward or benefit in kind for carrying out that service, or
• normal media coverage and the transmission on radio or television of a broadcast on behalf of a member, MEP or candidate at an election. This does not cover any production or other costs associated with such a broadcast;
• expenses incurred by a political party on behalf of a member, MEP or a candidate of the political party at a Dáil, Seanad or European election. (It is important to note that a donation of money given to a member/MEP by his/her political party (whether party headquarters or a local branch) is regarded as a donation and is subject to the disclosure and maximum acceptance limits.)

The Act provides that where a donation is made to a member/MEP of a political party and the donation is passed on to the party by the member/MEP and he/she receives a written acknowledgement of receipt of the donation from the party, the donation will be deemed to have been made to the party. In such circumstances, the party is responsible for ensuring that the appropriate action is taken in relation to the donation.

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