10/03/09 - Report to the Minister for the Environment on Third Parties and the Referendum on the Treaty of Lisbon

Chapter 6 - Concerns about the definition of "political purposes"

The definition of political purposes may capture individuals or groups who do not regard their activities as being for political purposes. A number of individuals/groups have commented on this fact. In some cases these comments were provided directly to the Standards Commission, while in other cases the comments were reported in the media. Some of the views expressed were as follows:

Irish Council for Civil Liberties

The following comments were contained in a submission prepared by Human Rights Consultants for the Irish Council for Civil Liberties (a copy of the submission was provided to the Standards Commission by the ICCL):

• Potentially any individual or group which accepts donations could be captured by the definition of a third party.
• The definition of "political purposes" and, in particular, section (i)(IV) of that definition could capture the advocacy and campaigning work of many non-governmental organisations (NGOs) based in Ireland.
• The provisions of the 1997 Act are capable of placing very extensive restrictions upon the extent to which donors may legitimately fund Irish non-governmental organisations which campaign to change Government policy.
• One practical result of the relative lack of legislative clarity in this area is that a number of Irish non-governmental organisations have managed to reach an uneasy modus vivendi with the Standards Commission, under which they have asserted that they do not receive donations for "political purposes", and the Standards Commission has accepted this at face value.
• A strict interpretation of the provisions by the Standards Commission might stifle the advocacy and campaigning work of NGOs.
• In American, Canadian and British legislation the restrictions on third parties are much more tightly circumscribed than is the case under Irish legislation and apply only to third parties which involve themselves in electoral activities during the period which precedes an electoral event. Such an approach would seem to provide a pragmatic model for the reform of the current Irish law.

Barnardos

Mr Fergus Finlay, Chief Executive of Barnardos, during a speech on the proposed Charities legislation, remarked that:

" Barnardos is one of many organisations in Ireland that believes it is not possible to achieve its objectives without an advocacy and campaigning position ...

"Many, if not most, of these organisations are going to find that their activities in the future are very seriously curtailed by a pattern of legislative and administrative change beginning to take shape ...

"Most of us, in the course of our ordinary activities, find ourselves involved in campaigns for policy change. Under this legislation (the Electoral Acts), it seems that we cannot raise or accept money from the public for doing so without being registered, effectively as a political party. If we register we undertake an entirely new commitment to reporting on an annual basis, in addition to the very severe limits on the money we can accept ...

"... the real effect of this legislation, whatever its purpose, will be to slowly stifle an important voice. People campaigning for human rights, for the rights of children and people with disabilities, or on a wide and important range of issues, make a vital contribution to democratic discourse. The Standards in Public Office Commission has pointed out that the flaw in the legislation is that it generates an unnecessary and undesirable impediment to that voice. What is surprising is that the Standards Commission has made its views known to Government, and the reaction of Government has so far been a deafening silence."

Amnesty International

Mr Seán Love, then Executive Director Amnesty International (Irish section), provided the following comments in reply to a request from the Standards Commission to consider whether Amnesty International might be required to register as a "third party":

"Whilst we (Amnesty International Irish section) appreciate the definition of political purposes is extremely wide I am not aware of Amnesty receiving any or some donations expressly for any of the specified "political purposes".

"We are advised that in circumstances where the Statute created penal sanctions it must be construed very strictly. In the absence therefore of any donations being given for "political purposes" within the meaning of the Act we do not accept that the provisions to which you refer require Amnesty to comply with the registration requirements of the 1997 Act."

"We are also strongly of the view that the intention of the legislature in enacting this legislation was not to inhibit the work of international human rights organisations, such as Amnesty."

"Were the act to be so construed it would have major constitutional implications for the rights of freedom of expression and association."

Having regard to these concerns, and also the concerns expressed regarding the lack of transparency of the funding of certain groups campaigning at the Treaty of Lisbon, it is clear that a balance needs to be found to ensure the funding of political campaigns is sufficiently transparent while at the same time ensuring that the capacity of NGOs legitimately to raise funds in support of their activities is not hampered. 

Back to contents