12/05/09- Explanatory Note re third party involvement at the European election and Dáil bye-elections of 2009

Electoral Act 1997 as amended (the Act)

European Elections and Dáil bye-elections 2009

The following notice may apply to individuals or bodies campaigning at any or all of the following:

The European Parliament election
The Dáil bye-elections in Dublin Central and Dublin South

The Act provides that where an individual or group, other than a candidate at an election or a registered political party, accepts a donation exceeding €126.97 in value, the individual or group must register as a "third party" with the Standards in Public Office Commission. If a monetary donation exceeding €126.97 has been received the third party must open and maintain a political donations account. Third parties are prohibited from accepting certain types of donations.

A donation is defined in the Act as a contribution given for "political purposes". Political purposes includes to promote or oppose, directly or indirectly, the interests of a political party or the election of a candidate at a Dáil or European election or to otherwise influence the outcome of the election. The full definition of political purposes is set out later in this note. A donation includes a donation of money, the free or below cost use of property, goods or services and the net value of a contribution to a fund-raising event. A donation can also include a loan provided to a third party by a financial institution or other person at terms and conditions which are more favourable than that normally provided by a financial institution.

Registration of Third Parties

A third party must, on receipt of a donation exceeding in value €126.97, and before incurring any expenses for political purposes, or any further such expenses, furnish to the Standards Commission:

the name and address of the third party and the name and address of the person responsible for its organisation, management or financial affairs (referred to as the responsible person);
a statement of the nature, purpose and estimated amount of donations to, and proposed expenses of, the third party during the year;
an indication of any connection the third party may have with any political party or candidate at the European election or the Dáil bye-elections.

Third Parties are not required to disclose details of donations received by them.

Political Donations Account

If a monetary donation in excess of €126.97 is received by a third party it must open and maintain a political donations account in a financial institution in the State and lodge the donation and any subsequent monetary donations (of whatever value) to the account.

Not later than the 31st March each year, the responsible person of a third party is required to furnish to the Standards Commission a statement from the financial institution in which the political donations account has been opened. The statement must specify the transactions that have taken place in relation to the account during the preceding year.

The responsible person must also furnish a Certificate of Monetary Donations to the Standards Commission stating that all monetary donations received by the third party during the preceding year were lodged to the account and that all amounts debited from the account were used for political purposes. The Certificate of Monetary Donations is accompanied by a Statutory Declaration which must be completed by the responsible person. The Standards Commission will issue a Certificate of Monetary Donations/Statutory Declaration form to the responsible person for this purpose.

Information contained in Certificates of Monetary Donations or statements from financial institutions are not published by the Standards Commission. The information may not be disclosed unless the Commission is ordered by a court to do so or where such disclosure is required in connection with an investigation held by the Standards Commission.

Limits on Donations

A third party may not accept:

a donation, or donations from the same person, in the same year exceeding an aggregate value of €6,348.69;
a donation, of whatever value, from an individual (other than an Irish citizen) who resides outside the island of Ireland;
a donation, of whatever value, from a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland from which one or more of its principal activities is directed;
a donation exceeding in value €126.97 if the name and address of the donor are not known.

Where a prohibited donation is received it must, within 14 days, be returned to the donor or remitted to the Standards Commission.

IT IS AN OFFENCE TO FAIL TO COMPLY WITH ANY OF THESE REQUIREMENTS.

Definition of Political Purposes

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.

Additional requirements apply if a third party proposes to incur election expenses at the European election or the Dáil bye-elections. These obligations are outlined in a separate explanatory note for "other persons".

Further information concerning the requirements of third parties in relation to the European election and the Dáil bye-elections can also be found in the separate guidelines which the Standards Commission has prepared for the European election and for the Dáil bye-elections.

Guidelines for the European election
Guidelines for the Dáil bye-elections in Dublin Central and Dublin South

These guidelines are available at www.sipo.ie or on request from the Standards Commission Secretariat (telephone 01-6395666 or e-mail sipo@sipo.gov.ie).