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

2.3 - Consideration of Donation Statements

In accordance with section 4(1) of the Act, the Standards Commission considered the Donation Statements furnished by each of the unsuccessful candidates at the Dáil general election.

The following seven candidates who furnished Donation Statements disclosed that they had received a donation valued in excess of €2,539.48 in relation to the election:

• Siobhán Ambrose (Fianna Fáil, Tipperary South)
• Paudie Coffey (Fine Gael, Waterford)
• Ben Doyle (Progressive Democrats, Dublin South Central)
• Pat Fitzgerald (Fianna Fáil, Wicklow)
• Séamus Fitzgerald (Fine Gael, Kerry South)
• Cecelia Keaveney (Fianna Fáil, Donegal North East)
• Phil Prendergast (Labour, Tipperary South)

In each case, where it was not apparent that the candidates had returned the excess donation, the Standards Commission instructed the candidates concerned to either remit the amounts in excess to the Standards Commission or, alternatively, to confirm that the amounts concerned had been returned to the donors. By failing to return the excess donations to the donors within 14 days of receipt, the above candidates had contravened the provisions of section 23A(1) of the Act and may have committed an offence under section 25(1)(b) of the Act. However, where a person otherwise complies with the Act, i.e. by either returning or remitting the excess donation, it is the practice of the Standards Commission not to take any further action in terms of referring the matter to the DPP. In most cases the candidates complied with the Standards Commission's instructions. However, it was necessary to issue a reminder letter to Mr. Ben Doyle informing him that unless the appropriate action was taken in relation to the prohibited donations, the Standards Commission would consider referring the matter to the DPP. Mr. Doyle subsequently confirmed to the Standards Commission that the excess donations had been returned to the donors.

A number of candidates disclosed donations which they were not required to disclose either by virtue of the fact that the donations were below the disclosure threshold or were the total proceeds of a fund-raising event (only individual contributions to fund-raising events exceeding a net value of €634.87 must be disclosed). In each case the Standards Commission informed the candidates that the donations concerned could be removed from their Donation Statements. Most of the candidates, however, chose not to amend their Donation Statements.

The Standards Commission was not informed of the receipt of any anonymous donations. However, there were a number of instances where the full contact details for donors had not been provided on the Donation Statement. The Standards Commission wrote to the candidates concerned requesting full contact details for the donors concerned. In most cases this information was provided. In one instance, however, the candidate informed the Standards Commission that he was not aware of the donor's address. The Standards Commission advised the candidate that if the donor's address could not be established, the donation, which was in excess of €127 would have to be regarded as a prohibited anonymous donation and as such would have to be remitted to the Standards Commission. An address for the donor was subsequently provided. One candidate disclosed a donation on his Donation Statement the value of which was less than €127.00. The candidate did not provide a name and address for the donor. However, as the value of the donation was less than €127.00, the Standards Commission did not pursue the matter with the candidate.

No candidate informed the Standards Commission of the receipt of a foreign donation. Some of the Donation Statements disclosed donations from persons not resident in the island of Ireland. In each case the Standards Commission received the necessary confirmation from the candidate that the persons concerned were Irish citizens and that the candidates were not prohibited from accepting donations from them.

103 candidates disclosed donations on their Donation Statements. Donations totalling €531,379.82 were disclosed. (€6,701.60 of this was returned to the donors). 196 candidates furnished a "nil" Donation Statement. Details of the donations disclosed by unsuccessful candidates at the Dáil general election are contained at Appendix 1 to this report (pdf 279kb). Candidates who furnished "nil" Donation Statements are not included in Appendix 1.

The Standards Commission is still pursuing the correct completion of a Donation Statement/Statutory Declaration with Ms. Evelyn Cawley (non-party, Wicklow). Ms. Cawley's original Donation Statement was returned in order that details of donors who had made donations below the disclosure threshold could be removed. The amended Donation Statement has yet to be received. If an amended Donation Statement is not received, the Standards Commission will have to consider whether to refer Ms. Cawley to the DPP for possible prosecution of the offence of failing to comply with the provisions of section 24(2)(a) of the Act.

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