Donations Disclosed by TDs, Senators and MEPs for 2007

3. Disclosure of Donations

3A - Definition of a donation

In accordance with Section 22(2) of the Act, a donation means "any contribution given for political  purposes by any person, whether or not a member of a political party ..."  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.

A donation can include:

1. a donation of money (including money given by a political party to a TD, Senator, MEP or a candidate at an election);
2. a donation of property or goods
3. the free use of property or goods;
4. a free supply of services;
5. the difference between the commercial price and the (lower) price charged for property, goods or services. (This may include a loan provided to a candidate by a financial institution at terms and conditions which are more favourable than that provided by the financial institution to other individuals. It may also include a loan provided by a person other than a financial institution where the interest charged is less than the lowest rate available from a financial institution);

A donation can also include the net value of a contribution to a fund-raising event organised for the benefit of a candidate.  A large number of donations disclosed are contributions to fund-raising events.  A TD, Senator, MEP or a candidate at an election is only required to disclose the net value of such contributions.  The costs of holding a fund-raising event can be deducted from the proceeds of the event for the purposes of calculating the net value of each person's contribution to the event.  TDs, Senators, MEPs or candidates at elections are not required to disclose the total value of the proceeds of a fund-raising event. 

Where a political party (including a branch of a political party) organises a fund-raising event on behalf of a TD, Senator, MEP or candidate at an election and the proceeds of the event are passed to him/her, the party is regarded as an intermediary accepting donations on the person's behalf.  The contributions to the event are deemed to have been made to the TD, Senator, MEP or candidate concerned.  He/She is not required to disclose the total proceeds of the fund-raising event but is required to disclose any individual contribution to the event which exceeds a value of €634.87.  Similarly where a political party organises a fund-raising event for the party and uses the proceeds to pay expenses incurred on behalf of a TD, Senator, MEP or candidate at an election it is not regarded as a donation to the person concerned.  If, however, a political party organises a fund-raising event for the party and gives a TD, Senator, MEP or candidate money from the proceeds of the event to meet his/her election expenses, this is regarded as a donation to the person concerned and must be disclosed if in excess of €634.87.

Section 22(2)(b) of the Act prescribes certain items which are not regarded as a donation, including:

1. free post service provided by An Post to candidates at Dáil, Seanad and European elections;
2. any payment, service or facility provided to a person out of public funds by virtue of the him/her being a TD, Senator, MEP or the holder of another elective or public office (e.g. member of a local authority). The judgment of the High Court and Supreme Court in the Desmond Kelly case concerning this particular provision applies only in relation to the accounting for the use of such facilities as election expenses. The judgment did not alter the provisions of the Act with regard to the use of such facilities not being regarded as a donation.
3. a free service provided by an individual (where the service provided is not part of the person's business or profession).  This includes use of the invidual's vehicle;
4. a service provided at an election by an individual in the employment of a political party;
5. expenses incurred by a political party, on behalf of a TD, Senator, MEP or candidate at an election (as stated above a contribution of money, however, given by a political party is regarded as a donation from the party).

Section 22(2)(c)(ii) of the Act provides that where a donation made to a TD, Senator, MEP or candidate at an election is passed on to his/her poltical party and a written acknoweldgement of the donation is recieved from the party, the donation will be deemed to have been made to the party and is not regarded as a donation to the TD, Senator, MEP or candidate.

3B - Donation Statements received from TD, Senators, MEP and former TDs and Senators

In early January 2008 the Standards Commission wrote to each person who was a TD, Senator or MEP during any part of 2007 enclosing a Donation Statement/Statutory Declaration form for completion and return to it by 31 January 2007.  A copy of the Standards Commission's guidelines for TDs, Senators and MEPs on donations and prohibited donations was also enclosed.

A reminder letter issued on 14 February 2008 to nine people whose Donation Statement had not been received.  A second reminder letter issued on 6 February to two former TDs and one former Senator whose Donation Statement was still outstanding.  The reminder letter referred to the offence under section 25(1)(c) of the Act for failing to furnish a Donation Statement by the statutory deadline.  A final reminder issued to former Deputy Jim Glennon on 19 March 2008.  Mr Glennon was informed that if his Donation Statement was not received within 7 days, the Standards Commission would have to consider whether to refer the matter to the Gardaí for an investigation of the offence under section 25(1)(c) of the Act.  A Donation Statement was subsequently received from Mr Glennon on 3 April 2008.

Former Senator Derek McDowell contacted the Standards Commission on 25 February to inform it that he is currently travelling and would not be returning to Ireland until April. In view of the fact that Mr. McDowell had already furnished a Donation Statement as an unsuccessful candidate at the Dáil general election and that he had not been active in politics since then, it was decided to await his return before issuing further reminders about his Donation Statement. A faxed Donation Statement was received from Mr. McDowell on 17 April 2008.

A total of 297 Donation Statements and Statutory Declarations in respect of 2007 were received as follows:

• 166 from members of Dáil Éireann
• 60 from members of Seanad Éireann
• 13 from representatives in the European Parliament
• 34 from former members of Dáil Éireann
• 24 from former members of Seanad Éireann

In the case of persons who were members of both Houses during 2007 and MEPs who were also Members, a single Donation Statement only was required. 80 TDs, 40 Senators, 12 MEPs and 47 former Members furnished a "nil" Donation Statement. Donations with a total value of €855,995.05 were disclosed, of which €13,820.52 was returned to the donors as donations in excess of the maximum prescribed limit (see Part 5(b) below). Of the figure for total donations disclosed a total of €74,651.98 had already been disclosed by Members/former Members and representatives in the European Parliament who had also been unsuccessful candidates at the Dáil or Seanad general elections.

Section 24(1)(a) of the 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 during the preceding year he/she received a donation, or donations from the same person, which exceeded an aggregate value of €634.87.  Because the Act 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 also covers, any person who is not a member of the current Dáil or Seanad but who was a member of either of those Houses prior to the general elections in 2007.  In the case of former members who were unsuccessful at the Dáil or Seanad general elections a Donation Statement was required notwithstanding the fact that he/she may already have furnished a Donation Statement as an unsuccessful candidate at the elections.  Most of the former members who were unsuccessful at the Dáil or Seanad general elections disclosed the same donations on their Donation Statements as former members as they did on their Donation Statements as unsuccessful candidates.  However, some Members of the Seanad who had already furnished a Donation Statement as an unsuccessful candidates at the Dáil general election did not disclose donations on their annual return for 2007 which had already been disclosed on their Dáil general election Donation Statement.  The Standards Commission did not, however, ask the Senators concerned to amend their annual Donation Statements as the donations concerned had already been disclosed.  The total amount of the donations disclosed by the Senators concerned as unsuccessful candidates is included in the relevant appendices to this report.

For each donation exceeding a value of €634.87, the person must indicate the value and nature of the donation as well as the name, a description and postal address of the donor.  Section 22(2)(d) of the Act provides that donations from the same person in the same year must be aggregated for the purposes of observing the disclosure threshold and the maximum acceptance limit.  Section 24(3) of the Act provides that the Donation Statement must be accompanied by a Statutory Declaration made by the person furnishing the Donation Statement, stating to the effect that, to the best of the his/her knowledge and belief, the Donation Statement is correct in every material respect and he/she has taken all reasonable action in order to be satisfied as to the accuracy of the Donation Statement.

The Standards Commission produced a Donation Statement/Statutory Declaration form (07/DS) for use in respect of the 2007 calendar year.

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