Guidelines for the general election to the 30th Dáil

E. Prohibited donations

Anonymous donations

1.23  Acceptance of an anonymous donation exceeding a value of €126.97 is prohibited.  A donation is anonymous if a candidate does not know the name and address of the donor.  If a prohibited anonymous donation is received by a candidate, the Standards Commission must be notified by the candidate within fourteen days of its receipt.  The donation or its value must also be remitted by the candidate to the Standards Commission.

Foreign donations

1.24  A candidate must not accept a foreign donation. A foreign donation is a donation, of whatever value, given by an individual (other than an Irish citizen) who resides outside the island of Ireland or by a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland from which the carrying on of one or more of its principal activities is directed.

1.25  A foreign donation must be notified and remitted to the Standards Commission by the candidate within 14 days.  As an alternative, the candidate may return the donation to the donor.  If the donation is returned, the candidate must keep a written record of that return for the purpose of its being furnished to the Standards Commission, if required.

Donations in excess of the prescribed limit

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

1.27  The maximum limit does not apply to a constituency office provided to the candidate by a person or, if more than one such office is provided, to whichever of the offices is nominated in writing by the candidate.  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.

1.28  The maximum limit does, however, apply 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.

1.29  Where a donation is received and is prohibited because its value is over the limit, the candidate must notify the Standards Commission within 14 days of its receipt and remit the donation, or that part of a monetary donation which is over the limit, to the Standards Commission.  As an alternative, the candidate may return the donation, or that part of a monetary donation which is over the limit, to the donor and keep a written record of that return for the purpose of its being furnished to the Standards Commission, if required.

Other prohibited donations

1.30  There is another type of donation which a candidate is prohibited from accepting.  To explain this it is necessary to say that, under the legislation, individual donors who make donations, with a total value in excess of €5,078.95 in any calendar year, to two or more members of the same political party (or to a political party and one or more of its members) are themselves required to furnish a Donation Statement and Statutory Declaration to the Standards Commission disclosing details of the donations.  If the donor in question does not intend to comply with this requirement, and if a candidate is aware of this, the candidate is prohibited from accepting a donation from the donor.

1.31  If such a prohibited donation is received by a candidate, the Standards Commission must be notified by the candidate within 14 days of its receipt.  The donation, or its value, must also be remitted by the candidate to the Standards Commission.

1.32     Failure to notify, remit or return, as appropriate, a prohibited donation is an offence.

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