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

Part 5 - Prohibited Donations

a) Donations in excess of the maximum prescribed limit

The maximum value of donation(s) which a member/MEP may accept from the same donor in the same calendar year, either directly or through an intermediary, is €2,539.48. Where a person makes more than one donation to a member/MEP in a particular year the values of the donations must be aggregated for the purpose of observing the maximum limit.

If a member/MEP receives a donation exceeding €2,539.48 in value:

• the donation must, within fourteen days of receipt, be returned by the member/MEP to the donor or, if it is a monetary donation, the part of it exceeding the limit must be returned to the donor. A written record of the return must be kept for the purpose of it being furnished to the Standards Commission, if required; or
• the member/MEP must, within fourteen days of receipt, notify the Standards Commission of receipt of the donation and remit the donation or the value thereof to the Standards Commission. In the case of a monetary donation, the part of it exceeding the limit must be remitted.

The maximum limit does not apply to a constituency office provided to a member/MEP by a person or, if more than one such office is provided, to whichever of the offices is nominated in writing by the member/MEP. It is important to note that, although the maximum limit may not apply to a donation of a constituency office, such a donation must be disclosed if the value exceeds €634.87.

As stated in Part 3, a donation of money given to a member/MEP by his/her political party is regarded as a donation. The maximum limit applies, therefore, to monetary donations received by a candidate from his/her political party. Donations of money from any branch of the party (including party headquarters) must be aggregated for the purpose of observing the maximum limit and treated as a single donation from the party.

b) Foreign donations

A member/MEP may not accept a donation, of any value, from an individual (other than an Irish citizen) who resides outside the island of Ireland. Similarly a donation, of any value, may not be accepted from a body corporate or an unincorporated body of persons which does not keep an office in the island of Ireland from which at least one of its principal activities is directed.

The onus is on a member/MEP to make whatever enquiries are necessary and to obtain any corroborating evidence that may be required in order to be satisfied that he/she is not precluded from accepting a donation from the person concerned. The Standards Commission may require evidence that a member/MEP is permitted to accept a donation from a particular donor.

Notwithstanding this, where a prohibited foreign donation is received:

• the member/MEP should, within 14 days, return the donation to the donor and keep a written record of the return for the purpose of its being furnished to the Standards Commission, if required, or
• the member/MEP should, within 14 days, notify the Standards Commission and remit the donation, or the value thereof, to the Standards Commission.

c) Anonymous donations

A member/MEP may not accept an anonymous donation exceeding €126.97 in value. A donation is anonymous if the name and address of the donor is not known to the member/MEP concerned. If such a donation is received, the member/MEP must notify the Standards Commission in writing within 14 days of receipt of the donation and remit the donation, or its value, to the Standards Commission. The Standards Commission must lay a copy of each such notification received before both Houses of the Oireachtas and must dispose of the donation as directed by the Minister for Finance.

 d) Donations from donors who themselves are required to furnish a Donation Statement to the Standards Commission

If, in the same calendar year, the same donor makes donations, exceeding in aggregate value €5,078.95,

• to two or more persons who were members of the same political party at the time the donations were made, or
• to one or more persons and to the political party of which such person or persons were members at the time the donations were made,

the donor is required under section 24(1A) of the Act to furnish a Donation Statement to the Standards Commission by 31 January in the following year.

The requirement for a donor to furnish a Donation Statement does not apply in the case of donations made by a company, trade union, society or building society (as provided for in section 26 of the Act) or to donations, other than money, made by a political party to its members.

If a member/MEP, who is a member of a political party, is offered a donation by a donor who is covered by this provision of the legislation and knows, or has reason to believe, that the donor does not intend to furnish a Donation Statement to the Standards Commission, the member/MEP is prohibited from accepting a donation from that donor.

If, notwithstanding this prohibition, such a donation is received, the member/MEP must, within 14 days of receipt, notify the Standards Commission in writing of the receipt of the donation and the name and address of the donor, and remit the donation or its value to the Standards Commission. The Standards Commission must lay a copy of each such notification before both Houses of the Oireachtas and dispose of the donation as directed by the Minister for Finance.

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