Annual Report 2005

Prosecutions of offences under section 25 of the 1997 Act

Former Senator Liam Cosgrave

In his evidence to the Flood Tribunal on 3 April 2003, former Senator Liam Cosgrave admitted having received a contribution of £2,500 from Mr. Frank Dunlop in July 1997. In further evidence on 9 April 2003, Mr. Cosgrave admitted having made a false declaration when completing his Donation Statement and Statutory Declaration in relation to donations received during 1997.

In accordance with the provisions of section 24(1)(a) of the 1997 Act, Mr. Cosgrave had, on 29 January 1998, furnished a Donation Statement and Statutory Declaration form to the then Public Offices Commission in respect of the period 15 May 1997 (commencement date of the 1997 Act) to 31 December 1997. The Donation Statement had not included details of any donations from Mr. Dunlop.

In light of this evidence, the Standards Commission, having considered the Donation Statement and Statutory Declaration furnished by Mr Cosgrave on 29 January 1998, and comments subsequently furnished by Mr. Cosgrave on the matter, was of the opinion that Mr Cosgrave may have committed an offence under section 25(1)(d) of the 1997 Act by knowingly furnishing a Donation Statement or making a Statutory Declaration which is false or misleading in any material respect. The penalty for this offence is a fine not exceeding €25,394.76 and/or up to 3 years imprisonment.

In accordance with the provisions of section 4(3)(c) of the 1997 Act, the Standards Commission furnished a written report on the matter to the Director of Public Prosecutions (DPP) on 3 July 2003. The DPP subsequently requested the Gardaí to carry out an investigation into whether a criminal offence had been committed. Having concluded their investigations, the Gardaí submitted a file to the DPP in relation to the matter.

On 17 October 2005 Mr. Cosgrave pleaded guilty at the Dublin Circuit Criminal Court to having committed an offence under section 25(1)(d) of the 1997 Act. He was sentenced to community service, subject to suitability.

Gerard Hannan

In its Annual Report of 2004, the Standards Commission reported that a file had been referred to the Gardaí in relation to Mr. Hannan, an unsuccessful candidate at the European Parliament election of 11 June 2004. Mr. Hannan had failed to furnish a Donation Statement/Statutory Declaration form to the Standards Commission by the statutory deadline of 6 August 2004. This is an offence under section 25(1)(c) of the 1997 Act. The penalty for this offence is a fine not exceeding €1,269.74. Although a Donation Statement was subsequently received from Mr. Hannan and the Gardaí notified, the Gardaí proceeded with a prosecution of the offence. On 10 November 2005 Mr. Hannan pleaded guilty at Limerick District Court to committing an offence under section 25(1)(c) of the 1997 Act.

Mr. Hannan was fined €250.

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