13/12/07 - Report on disclosure of donations and election expenses at Dáil general election of 2007

2.2 - Donation Statements and Certificates of Monetary Donations received from unsuccessful candidates

The Standards Commission produced a Donation Statement/Statutory Declaration form (GE/07/DS) for use by unsuccessful candidates at the Dáil general election. It also produced a Certificate of Monetary Donations/Statutory Declaration form (GE/07/CMD) for use by those unsuccessful candidates who had been required to open a political donations account. Candidates who were not required to open a political donations account were asked to confirm this on the CMD form but were not required to complete the Statutory Declaration which accompanied the CMD form.

On 13 June 2007 a Donation Statement/Statutory Declaration form and Certificate of Monetary Donations/Statutory Declaration form issued to each of the (301) unsuccessful candidates. Two candidates Mr. Colm Callanan (CSP) and Mr. Noel O'Gara contested the election in more than one constituency (Mr. Callanan contested two constituencies while Mr. O'Gara contested four constituencies). Mr. Callanan and Mr. O'Gara were only required to complete one Donation Statement in respect of their candidacies and were not required to complete separate Donation Statements for each of the constituencies they contested the election in. Completed Donation Statements and Certificates of Monetary Donations were required to be returned to the Standards Commission by 19 July 2007.

Receipt of Donation Statements

207 of the 301 unsuccessful candidates returned their Donation Statements by the statutory deadline of 19 July 2007. It is an offence under section 25(1)(c) of the Act to fail to furnish a Donation Statement / Statutory Declaration form and, where required to, a Certificate of Monetary Donations / Statutory Declaration form and accompanying bank statement by the statutory deadline. It is, however, the practice of the Standards Commission not to refer such matters to the Director of Public Prosecutions (DPP) unless, after a significant period of time and, having issued a number of reminders, the Donation Statement remains outstanding.

In that regard on 27 July, the Standards Commission sent a reminder to 54 candidates whose Donation Statements were still outstanding. A second reminder issued on 3 August 2007 to 44 candidates whose Donation Statements had still not been furnished. Each of these reminders referred to the offence under section 25(1)(c) of the Act for failure to furnish a Donation Statement. A final reminder issued on 13 August to 29 candidates who had yet to furnish a Donation Statement. This reminder informed those candidates that if a Donation Statement was not received within seven days of the date of that letter the Standards Commission would consider referring the matter to the DPP/Gardaí for an investigation of the offence under section 25(1)(c) of the Act.

On 29 August 2007 the Standards Commission sent files to Garda Headquarters concerning the following eight candidates: (Proceedings for an offence under section 25 of the Act may only be taken by, or with the consent of, the DPP. The Standards Commission has previously been advised by the Office of the DPP to correspond directly with Garda Headquarters in relation to such offences).

• Mr. Tom Harpur (Green Party, Wexford)
• Mr. Gino Kenny (Non Party, Dublin Mid West)
• Mr. Thomas King (Non Party, Galway West)
• Mr. Gerard Linehan (Non Party, Cork South Central)
• Councillor Ann Marie Martin (Fine Gael, Dublin South Central)
• Councillor Mags Murray (Progressive Democrats, Dublin West)
• Mr. Jim Tallon (Non Party, Wicklow)
• Ms. Madeleine Taylor Quinn (Fine Gael, Clare)

On 3 September 2007 the Standards Commission referred a further file to Garda Headquarters in respect of Mr. Raymond Kelly (Non Party, Dublin South West).

Donation Statements and where required Certificates of Monetary Donations and bank statements were subsequently received from Mr. Harpur, Mr. Kenny, Mr. Linehan, Ms. Martin, Ms. Murray, Ms. Taylor Quinn and Mr. Kelly. The Standards Commission notified Garda Headquarters of the receipt of the statutory documentation in each case. Donation Statements have still not been received from either Mr. King or Mr. Tallon.

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