21/01/05 - Report re presidential election 2004

6. Political Donations Accounts

Section 48B of the Act requires that a political donations account must be opened if the candidate or the presidential election agent receives a monetary donation exceeding €126.97. The political donations account must be separate from any other personal account held by the candidate or the presidential election agent.

Where a monetary donation exceeding €126.97 was received by the candidate before the appointment of the presidential election agent, the candidate was required to open a political donations account and lodge to the account that first donation and any further monetary donations (of whatever value) received before the appointment of the presidential election agent.

Where a monetary donation exceeding €126.97 was received by the candidate or the presidential election agent after the appointment of the presidential election agent, the presidential election agent must open a political donations account and lodge to the account that first donation and any further monetary donations, of whatever value, received by the candidate or the presidential election agent.

Donations in both £Sterling and Euro amounts were received by Mrs. McAleese prior to the appointment of the presidential election agent. Accordingly, Mrs. McAleese opened a £Sterling political donations account and a Euro political donations account. After his appointment as presidential election agent, Mr. Barrett also opened a £Sterling political donations account and a Euro political donations account. Monies on hand in Mrs. McAleese's political donations accounts were subsequently transferred to Mr. Barrett's political donations accounts.

As both Mrs. McAleese and the presidential election agent were required to open political donations accounts, the presidential election agent was required, in accordance with section 48B(2) of the Act, to furnish statements from the financial institution in which the accounts were opened specifying the transactions that took place in relation to the accounts during the period beginning on the date of opening of the accounts and ending on polling day.

The statements from the financial institution were required to be accompanied by a Certificate of Monetary Donations signed by the presidential election agent in which he confirms that all monetary donations received during the period from the opening of the accounts up to polling day were lodged to the accounts and that all amounts debited from the accounts were used for promoting the election of the candidate or to otherwise affect the outcome of the election. The Certificate of Monetary Donations is accompanied by a Statutory Declaration where the presidential election agent declares that, to the best of his knowledge and belief, the Certificate is correct in every material respect and that he has taken all reasonable action to ensure that this is the case.

The Certificate of Monetary Donations/Statutory Declaration form and statements from the financial institution were required to be furnished to the Standards Commission by 17 December 2004. As stated in Paragraph 3 above, these documents were received from Mr. Barrett within the statutory deadline. Information from the Certificate of Monetary Donations/Statutory Declaration form and statements from the financial institution are not disclosed unless as a result of a Court Order or if required in relation to an investigation being conducted by the Standards Commission.

The Standards Commission is satisfied that both Mrs. McAleese and Mr. Barrett have complied fully with their respective obligations in relation to the opening and maintenance of a political donations account.

Back to contents