Annual Report 2007

Third Parties

A "third party" is defined as any person, other than a political party or a candidate at an election, who accepts, in a particular year, a donation (i.e., a contribution given for political purposes) the value of which exceeds €126.97.

On receipt of a donation exceeding €126.97 in value, a third party must, before incurring any expenses for political purposes, register with the Standards Commission. Third parties are prohibited from accepting anonymous donations exceeding €126.97 in value and are prohibited from accepting "foreign donations". The maximum donation which a third party may accept from the same person in the same calendar year is €6,348.69.

During 2007, the Standards Commission wrote to a number of individuals/organisations which it considered might be potential third parties. Two organisations, Stop Bush Campaign and Libertas, registered as third parties during 2007.

In its annual report for 2006, the Standards Commission reported that it was still corresponding with two organisations it had contacted in 2006 and which had not yet confirmed whether they were required to register as a third party. The Shell to Sea Campaign informed the Standards Commission on 12 March 2007 that it was not required to register as a third party. The other organisation, Youth Defence, despite having been issued with a number of reminders, has not replied to the Standards Commission. While it is an offence to fail to register as a third party, the Standards Commission would be unable to seek a prosecution unless it had evidence that the individual/organisation had accepted a contribution which had been given specifically for political purposes.

In early 2007, the Standards Commission wrote to six organisations which were registered with it as third parties. Two third parties confirmed in writing to the Standards Commission that they had not operated as a third party during 2007. Four third parties provided a bank statement and Certificate of Monetary Donations in respect of their political donations account for 2006. Five third parties informed the Standards Commission that they intended to continue in existence as a third party during 2007.

The issue of third parties and their activities also featured in relation to the referendum on the Treaty of Lisbon. An issue which arose was the extent to which the provisions of the legislation would apply to individuals or groups campaigning at the referendum who are not based in this jurisdiction. The Standards Commission received legal advice which suggests that such individuals/groups are not subject to the Electoral Acts even if they have accepted donations for the purposes of funding a campaign on the referendum. The Standards Commission has also been advised that individuals/groups who use only their own resources to fund a referendum campaign do not come within the definition of third parties. The Standards Commission wrote to the Minister for the Environment, Heritage and Local Government in March 2008 in relation to the advice which it had received and to inform him of how it intended to apply the provisions of the Electoral Acts relating to third parties at the referendum on the Treaty of Lisbon.

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