Donations Disclosed by TDs, Senators and MEPs for 2007

6. Political Donations Accounts/Certificates of Monetary Donations

Section 23B(1) of the Act requires TDs, Senators, MEPs and candidates at elections who receive a monetary donation exceeding €126.97 to open and maintain a political donations account.  This requirement commenced with effect from 1 January 2002.  If a TD, Senator, MEP or former member received a monetary donation exceeding €126.97 after that date (including as a candidate at a Dáil, Seanad or European Parliament election) he/she was required to open and maintain a political donations account and to lodge the initial donation and all subsequent monetary donations of whatever value to the account.  It was apparent from returns furnished to the Standards Commission that a number of political donations accounts which had been opened for the 2002 Dáil and Seanad general elections had not been maintained and were required to be re-opened for the 2007 general elections.  The Standards Commission strongly recommends that, once opened, a political donations account should be maintained until the person is no longer required to comply with the Electoral Acts.  This advice is contained in the revised guidelines for Members and MEPs on donations and prohibited donations which were issued by the Standards Commission in January 2008.

It was also evident that some Members/former Members had not lodged monetary donations received by them to their political donations account as required under section 23B of the Act.  While it is an offence to fail to furnish, when required, a Certificate of Monetary Donations and Statutory Declaration or a statement from a financial institution, or to knowingly furnish any one of these documents which is false or misleading in a material respect, there are no offences or penalties for failing to open a political donations account or for failing to lodge a donation to a political donations account.  In the absence of any sanction and in view of the fact that the donations in each case were ultimately used for political purposes, the Standards Commission did not take any further action in relation to the above candidates.

Section 23B(3) of the Act provides that a TD, Senator, MEP or former member who was required to open a political donations account, must furnish with his/her annual Donation Statement (referred to in Part 2 above) a statement from the financial institution where the political donations account is held specifying the transactions that have taken place in relation to the account during the preceding year.  He or she must also certify that all monetary donations received during the preceding year were lodged to the account and that all amounts debited from the account were used for political purposes.

The certificate must be in a form determined by the Standards Commission and, in accordance with section 23B(6) of the Act, must be accompanied by a statutory declaration that, to the best of the person's knowledge and belief, the certificate is correct in every material respect and that all reasonable action has been taken in order to be satisfied as to its accuracy.  The Standards Commission produced a Certificate of Monetary Donations/Statutory Declaration form (07/CMD) for use in respect of the 2007 calendar year.  The form was enclosed with the Donation Statement form issued to TDs, Senators, MEPs and former members in early January 2008.  It was also required to be completed and returned to the Standards Commission by 31 January 2007.

A TD, Senator, MEP or former member whose political donations account was not active during 2007 was required only to state this on the Certificate of Monetary Donations form and was not required to complete the Statutory Declaration or to forward a copy of the bank statement for 2007.

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