30/03/07 - Explanatory note for Donors

This explanatory note contains information for persons who made donations for political purposes, exceeding an aggregate value of €5,078.95, during the calendar year 2007 -

(i) to two or more persons who, when the donations were made, were members of the same political party, or

(ii) to a political party and to one or more persons who were members of that political party when the donations were made to them.

Not later than 31 January 2008, such persons are required by the Electoral Act 1997, as amended (the Act) to furnish a Donation Statement to the Standards Commission providing details of all such donations.

A Donation Statement should be furnished whether or not the recipient of the donation(s) is also required to disclose such donations in a Donation Statement furnished to the Standards Commission. The Donation Statement must be accompanied by a Statutory Declaration made by the person furnishing the Donation Statement, declaring that, to the best of the person's knowledge and belief, the Donation Statement is correct in every material respect and the person has taken all reasonable action in order to satisfy him/herself as to the accuracy of the Donation Statement.

The Donation Statement and Statutory Declaration will be laid by the Standards Commission before the Houses of the Oireachtas. It will also be made available for inspection by the public at the offices of the Standards Commission. Details of the donations disclosed will be published on the website of the Standards Commission. The following particulars should be included in the Donation Statement:

the aggregate value of the donations,
the name of the political party concerned, and
the name, description and postal address of each person to whom the donations were made.

Definitions

A donation for political purposes includes all or any of the following -

a donation of money,
a donation of property or goods,
conferring the right to use, without payment or other consideration, indefinitely or for a specified period, 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, or
in the case of a contribution made in connection with an event organised for the purpose of raising funds for a political party or a member of a political party, the gross value of that contribution.

Political purposes means any of the following purposes, namely:

(i) (I) to promote or oppose, directly or indirectly, the interests of a political party, a political group, a member of either House of the Oireachtas or a representative in the European Parliament, or

(II) to present, directly or indirectly, the policies or a particular policy of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party, or

(III) to present, directly or indirectly, the comments of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party with regard to the policy or policies of another political party, political group, member of either House of the Oireachtas, representative in the European Parliament, third party or candidate at an election or referendum or otherwise, or

(IV) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a policy or policies or functions of the Government or any public authority;

(ii) to promote or oppose, directly or indirectly, the election of a candidate at a Dáil, Seanad or European election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or a political group or of another candidate at the election or otherwise;

(iii) otherwise to influence the outcome of the election or a referendum or campaign referred to in paragraph (i)(IV) of this definition.

Offences

A person who is required to furnish a Donation Statement and Statutory Declaration to the Standards Commission will be guilty of an offence if he or she fails to do so on or before 31 January 2008. The person will be liable, on summary conviction, to a fine not exceeding €1,270 and will be guilty of a further offence on every day after such conviction on which the failure continues. For each subsequent offence the person will be liable, on summary conviction, to a fine not exceeding €127.

A person will be guilty of an offence if he or she knowingly furnishes a Donation Statement to the Standards Commission which is false or misleading in a material respect. The person will be liable, on conviction on indictment, to a fine not exceeding €25,394.76 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and imprisonment.

Forms

Copies of the Donation Statement and Statutory Declaration form to be used by donors in disclosing donations are available on request from the Standards Commission.

The requirements outlined in this explanatory note do not apply to companies, trades unions, building societies or other societies registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, as specified in section 26 of Act. A separate explanatory note is available from the Standards Commission in relation to the disclosure obligations attaching to such bodies.

For further information please contact:

The Standards in Public Office Commission,
18 Lower Leeson Street,
Dublin 2.

Tel : (01) 639 5666
Fax : (01) 639 5684

E-Mail: sipo@sipo.gov.ie