29/04/09 - Donations Disclosed by TDs, Senators and MEPs for 2008

Part 5 - Prohibited Donations

5.1 Anonymous donations

Section 23(1) of the Act provides that a TD, Senator or MEP must not accept, either directly or indirectly, an anonymous donation valued in excess of €126.97. If such a donation is received, the donation (or its equivalent value) is required to be notified and remitted to the Standards Commission not later than 14 days after its receipt. No TD, Senator or MEP notified the Standards Commission that they had received an anonymous donations during 2008.

5.2 Donations in excess of the maximum prescribed limit

Section 23A(1) of the Act provides that the maximum value of donations which a TD, Senator or MEP may accept from the same person in the same calendar year is €2,539.48. Where a donation is received which is prohibited because its value is over the limit, a TD, Senator or MEP must notify the Standards Commission within 14 days and remit the donation, or that part of a monetary donation which is over the limit, to the Standards Commission. As an alternative, a TD, Senator or MEP may, within 14 days, 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 it being furnished to the Standards Commission, if required.

The Act provides that the maximum prescribed limit of €2,539.48 does not apply to the donation of a constituency office to a TD, Senator or MEP. Where more than one such office is donated to a TD, Senator or MEP, he/she may nominate in writing which one of the offices will not be subject to the maximum limit of €2,539.48. Three TDs (Deputies Bertie Ahern, Cyprian Brady and James McDaid) disclosed a donation of the use of an office which was valued in excess of the maximum prescribed limit.

Senator Alan Kelly also disclosed a donation which was in excess of the maximum prescribed limit. Senator Kelly stated on his Donation Statement that the excess amount had been returned to the donor. Senator Kelly also disclosed a loan of €2,000 which had been provided by an individual. The Standards Commission's guidelines state that where an individual or body, who or which is not a financial institution, gives a loan to a person who is covered by the Act, it must be evident that the loan offered is a bona fide loan and that the interest chargeable on the loan reflects interest charged by financial institutions on loans of similar amount and duration. Senator Kelly provided details of the terms and conditions of the loan. The Standards Commission was satisfied that the loan was a bona fide loan. Senator Kelly was informed that he was not required to disclose this loan as a donation.

5.3 Foreign Donations

Section 23A(2) of the Act provides that a TD, Senator or MEP must not accept a donation of any value from:

• an individual (other than an Irish citizen) who resides outside the island of Ireland, or
• 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.

The Donation Statement furnished by Senator Alan Kelly disclosed a number of donations from persons who were not resident in the island of Ireland. In each case Senator Kelly confirmed that the donor in question was an Irish citizen.

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