30/04/03 - Donations disclosed by TDs, Senators and MEPs for 2002

Part 2. Relevant legislation

To assist a better understanding of the statutory requirements, the Standards Commission considers it useful to set out in this part of the report an account of the relevant legislation.

Section 24 (1) (a) of the 1997 Act provides that each person who, in the preceding year, was a TD, Senator or MEP must furnish to the Standards Commission, not later than 31 January in the following year, a Donation Statement, indicating whether or not during the preceding year he or she received a donation, or donations from the same person, which exceeded an aggregate value of €634.87. For each such donation, the TD, Senator or MEP must indicate the value and nature of the donation as well as the name, a description and the postal address of the person by or on whose behalf the donation was made.

Because the legislation applies to every person who, at any time, in the preceding year was a member of either House of the Oireachtas or a representative in the European Parliament, it covers, as well as serving TDs, Senators and MEPs, any person who is not member of the current Dáil or Seanad but who was a member of either of those Houses prior to the general elections in 2002.

Section 24 (3) provides that each Donation Statement must be accompanied by a Statutory Declaration made by the person furnishing the Donation Statement, to the effect 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 be satisfied as to the accuracy of the Donation Statement.

Section 24(1A) provides that a Donation Statement must also be furnished to the Standards Commission, not later than 31 January in the following year, by a person who has made donations for political purposes exceeding an aggregate value of
€5,078.95 during the preceding year :

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

(ii) to one or more persons and to the political party of which such person or persons were members when the donations were made to them.

The Donation Statement must be furnished irrespective of whether the recipients (i.e. individuals or political parties) are separately required to disclose such donations to the Standards Commission. Section 24(1A) does not apply to companies, trades unions, building societies or other societies referred to in section 26 of the 1997 Act. If a TD, Senator or MEP knows, or has reason to believe, that a person is required to furnish a Donation Statement to the Standards Commission and does not intend to do so, the TD, Senator or MEP is prohibited from accepting a donation from that person.

Section 22 (2) (a) provides that a "donation" means a contribution for political purposes and includes money, property, goods, services, etc.

Section 22 (2) (b) (vi) provides that expenses incurred by a political party on either a candidate at a Dáil or European election, a TD, Senator or MEP will not be regarded as a donation. However, a contribution of money given by a political party to any of the aforementioned, exceeding €634.87, is regarded as a donation from the party and must be disclosed.

Section 22 (2) (b) (vii) provides that election expenses incurred by a political party on a candidate at a Seanad election will not be regarded as a donation to the candidate. However, a contribution of money given by the party, exceeding
€634.87, is regarded as a donation from the party and must be disclosed.

Section 22 (2) (c) (ii) provides that a donation made to a TD, Senator or MEP will not be regarded as a donation to the person concerned if it is passed on to his or her political party and a written acknowledgement of the donation is received from the party. Such donations will be deemed to have been made to the party.

Section 22 (2) (d) provides that the values of donations received from the same person must be aggregated and, if in excess of €634.87, the donations must be disclosed. [A "person" means an individual, a body corporate or an unincorporated body of persons. An unincorporated body of persons includes a political party and any of its subsidiary organisations.]

Section 23 (1) 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, it is required to be notified and remitted (or its value remitted) to the Standards Commission not later than 14 days after its receipt.

Section 23A (1) 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.

Section 23A (2) 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.

Section 23A (4) provides that the limit referred to in section 23A (1) does not apply to the provision by any person of a constituency office to an individual or, if more than one office is provided to the individual, whichever one of those offices is nominated in writing by the individual.

Section 23A (5) provides that 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 to notifying and remitting the donation, or that part of a monetary donation which is over the limit, to the Standards Commission, a TD, Senator or MEP must 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.

Where a donation is received which is prohibited because it is a foreign donation, a TD, Senator or MEP must notify the Standards Commission within 14 days and must remit the donation to the Standards Commission. As an alternative to notifying and remitting the donation to the Standards Commission, a TD, Senator or MEP must return the donation to the donor and keep a written record of that return for the purpose of it being furnished to the Standards Commission, if required.

Section 23B (1) provides that a TD, Senator or MEP who receives a monetary donation in excess of €126.97, in any particular year, must open and maintain an account in a financial institution in the State and must lodge that donation and any further monetary donations, of whatever value, received by him or her to that account.

Section 23B (3) provides that a Donation Statement furnished to the Standards Commission by a TD, Senator or MEP must be accompanied by a statement provided by the above mentioned financial institution specifying all transaction that have taken place in relation to the account during the year preceding the year in which the Donation Statement is furnished. The Donation Statement must also be accompanied by a Certificate, in a form directed by the Standards Commission, and signed by the TD, Senator or MEP, stating that all monetary donations received by the TD, Senator or MEP were lodged to the said account and all amounts debited from the account were used for political purposes. The Certificate must be supported by a Statutory Declaration confirming its accuracy.

Section 4 (1) provides that the Standards Commission shall consider every statement and notification furnished to it and, if it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil (Ceann Comhairle) on any matter arising.

Section 4 (5) provides that the Chairman of the Dáil is required to lay the report of the Standards Commission before both Houses of the Oireachtas.

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