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

Part 7 - Donation Statements

Not later than 31 January each year, a Donation Statement must be furnished to the Standards Commission by each person, who in the preceding year, was a member/MEP. The Standards Commission will issue a Donation Statement form to each member/MEP at the beginning of January each year.

The Donation Statement must show whether or not, in the preceding calendar year, the member/MEP received, from the same person, a donation exceeding in value €634.87. Donations from the same person in the same calendar year must be aggregated and the donations treated as a single donation.

For each donation exceeding €634.87 received, the value and nature of the donation must be stated together with the name, address and a description of the person by, or on whose behalf, the donation was made. With regard to the address of the donor, the full postal address should be given. The Donation Statement must be accompanied by a statutory declaration that, to the best of the member's/MEP's knowledge and belief, the Donation Statement is correct in every material respect and that he/she has taken all reasonable action in order to be satisfied as to its accuracy. The Statutory Declaration must be witnessed by a person who is either a practising solicitor, a Commissioner for Oaths, a Peace Commissioner or a Notary Public. Each member/MEP has a statutory duty to make such enquiries and maintain such records as are necessary for the purpose of furnishing his/her Donation Statement and making the statutory declaration.

The Standards Commission must consider every Donation Statement furnished to it by a member/MEP. Where the Standards Commission finds a minor error or omission in a Donation Statement, it will furnish details of the error or omission to the member/MEP and will notify the member/MEP that he/she has 14 days from the date of the notice in which to correct the error or make good the omission. Where additional or supplemental information in relation to a member's/MEP's Donation Statement is required by the Standards Commission, it must be provided by the member/MEP in the form specified by the Standards Commission and may be accompanied by a statutory declaration, if the Standards Commission so requires.

Where, following consideration by it of a Donation Statement, the Standards Commission is of the opinion that a contravention of the legislation may have occurred, it is required to notify the member/MEP of the possible contravention and afford him/her 14 days to furnish any comments he/she may have. The Standards Commission will consider the comments provided by the member/MEP and, if it is still of the opinion that a contravention of the legislation has occurred, the Standards Commission will furnish a report on the matter, together with any relevant documentation, to the Director of Public Prosecutions.

As stated in Part 6, a member/MEP who was required to open a political donations account should ensure that the Donation Statement and statutory declaration furnished to the Standards Commission is accompanied by a statement from the financial institution in which the political donations account is held together with a Certificate of Monetary Donations relating to that account.

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