21/01/05 - Report re presidential election 2004

5. Prohibited donations

Anonymous donations

Section 47 of the Act provides that a candidate at a presidential election must not accept a donation exceeding a value of €126.97 unless the name and address of the donor are known to the candidate. If an anonymous donation is received by the candidate, the presidential election agent is required, when furnishing his Donation Statement, to provide details of the anonymous donation(s) received and to remit any such donation(s), or the value thereof, to the Standards Commission. It is understood that no such anonymous donations were received.

Donations in excess of the prescribed limit

Section 48A of the Act provides that a candidate or the presidential election agent may not accept, in a particular year, directly or through an intermediary, a donation the value of which exceeds €2,539.48.

Where a donation valued in excess of the prescribed limit is received after his appointment, the presidential election agent must notify the Standards Commission within 14 days of its receipt and remit the donation (or the value thereof), or that part of a monetary donation which is over the limit, to the Standards Commission. As an alternative, the presidential election agent may, within 14 days of its receipt, return the donation, or that part of a monetary donation which is over the limit, to the donor and keep a written record of its return for the purpose of it being furnished to the Standards Commission, if required.

If donations valued in excess of the prescribed limit are received by the candidate before the appointment of the presidential election agent, the candidate must provide the presidential election agent with details of all such donations together with any other relevant document or information. The presidential election agent is then required to make the necessary return to the Standards Commission.

It is understood that no donations valued in excess of the prescribed limit were received.

Foreign donations:

A candidate or the presidential election agent is prohibited from accepting, directly or through an intermediary, a "foreign" donation. A "foreign" donation is a donation of any value given by an individual, other than an Irish citizen, who resides outside the island of Ireland or by a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland from which the carrying on of one, or more, of its principle activities is directed.

Where a "foreign" donation is received after his appointment, the presidential election agent must notify the Standards Commission within 14 days of its receipt and remit the donation (or the value thereof) to the Standards Commission. As an alternative, the presidential election agent may, within 14 days of its receipt, return the donation to the donor and keep a written record of its return for the purpose of it being furnished to the Standards Commission, if required.

If a "foreign" donation is received by the candidate before the appointment of the presidential election agent, the candidate must provide the presidential election agent with details of all such donations together with any other relevant document or information. The presidential election agent is then required to make the necessary return to the Standards Commission.

In his Donation Statement Mr. Barrett gives details of donations which were received from individuals who are not resident in the island of Ireland. In each case he has confirmed that the donor is an Irish citizen.

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