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

Part 9 - Offences and Penalties

A member/MEP will be guilty of an offence if he/she:

• fails to take the appropriate action, as set out in Part 5, in relation to the receipt of an anonymous donation, a foreign donation or a donation in excess of the maximum prescribed limit. The penalty for this offence is a fine not exceeding €1,269.74.
• fails to take the appropriate action, as set out in paragraph 5(d), in relation to a donation from a donor whom the member/MEP is aware is required to furnish a Donation Statement to the Standards Commission (under section 24(1A) of the Act) and does not intend to do so. The penalty for this offence is a fine not exceeding €1,269.74.
• fails to furnish a Donation Statement/Statutory Declaration to the Standards Commission on or before 31 January each year. The penalty for this offence is a fine not exceeding €1,269.74 and a further fine of up to €126.97 per day for every day after the conviction on which the failure to provide the Donation Statement/Statutory Declaration continues.
• where required, fails to furnish to the Standards Commission, on or before 31 January each year, a statement from a financial institution in which his/her political donations account is held and/or a Certificate of Monetary Donations. The penalty for this offence is a fine not exceeding €1,269.74 and a further fine of up to €126.97 per day for every day after the conviction on which the failure to provide the Donation Statement/Statutory Declaration continues.
• knowingly furnishes a Donation Statement and/or a statement from a financial institution and/or a Certificate of Monetary Donations, which is false or misleading in any material respect. A member/MEP found guilty of such an offence will be liable, on conviction on indictment, to a fine of up to €25,394.76 and/or up to three years in prison.

Proceedings for any of these offences may only be instituted by, or with the consent of, the Director of Public Prosecutions.

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