Donations disclosed by TDs, Senators and MEPs for 2002

Part 5. Political Donations Accounts / Certificates of Monetary Donations

The requirement to open a separate political donations account was introduced by section 23B of the 1997 Act, as introduced by section 49 of the Electoral (Amendment) Act, 2001, and commenced with effect from 1 January 2002. If a TD, Senator or MEP received a monetary donation of more than €126.97 during 2002, the Donation Statement and Statutory Declaration furnished to the Standards Commission by that person was required to be accompanied by a Certificate of Monetary Donations and a separate Statutory Declaration, as well as a statement from the financial institution where the TD, Senator or MEP had opened the political donations account. A TD, Senator or MEP who failed to comply with this requirement would be guilty of an offence under the legislation.

In some cases where a Donation Statement showed that a monetary donation in excess of €126.97 had been received, the persons concerned failed to comply fully with the provisions of the legislation referred to in the previous paragraph. In one case a TD did not open a political donations account and, instead, as requested by the Standards Commission in such situations, gave details of the monetary donations which had been received. Other TDs lodged the monetary donations they had received to an existing political donations account which they had been using prior to 2002. While this is not in strict compliance with the requirements of the legislation, which demands that an account be opened after 1 January 2002, the Standards Commission is satisfied that the action taken was reasonable.

A number of TDs have indicated that they have closed their political donations accounts. The legislation provides that once a monetary donation in excess of €126.97 is received, the person "shall open and maintain an account ... and shall lodge that donation and any further monetary donations received ... to that account." The requirement to maintain the account is ongoing with no timescale attached. If the TDs in question receive a monetary donation in the future, of whatever value, it must be lodged to a political donations account given that a monetary donation of more than €126.97 has already been received by them. It is not the case that they can wait until a further monetary donation of more than €126.97 is received before they have to re-open the account, or, as may prove necessary, open a new account.

A number of TDs and Senators have not yet furnished statements from the relevant financial institutions and/or Certificates of Monetary Donations. As, in accordance with the terms of the legislation, the Certificates of Monetary Donations, their accompanying Statutory Declarations and statements from financial institutions are not laid by the Standards Commission before the Houses of the Oireachtas and are not put on public display (unlike the position in relation to Donation Statements and their Statutory Declarations), the Standards Commission has decided to publish this report in advance of it completing its enquiries in relation to these matters. In this regard, the Standards Commission will, if necessary, issue a separate report at a later date.

It should be noted that if a TD, Senator or MEP did not disclose, in his or her Donation Statement, a monetary donation in excess of €634.87 and did not complete a Certificate of Monetary Donations, it was accepted by the Standards Commission in each such case that neither did the TD, Senator or MEP receive any monetary donation in excess of €126.97 and, therefore, the need to open a political donations account did not arise.

A report on political donations accounts, covering unsuccessful candidates at the Dáil and Seanad general elections, was published by the Standards Commission in January 2003. The report highlighted the difficulties encountered in terms of compliance with the relevant provisions of the legislation. For the reasons set out in the report, the Standards Commission took the decision that it would not refer files to the Office of the Director of Public Prosecution or An Garda Síochána with a view to prosecutions being initiated for failure to comply with the statutory requirements. Instead, the Standards Commission sought a written explanation from each unsuccessful candidate who was obliged to, but did not, open an account. The Standards Commission also sought and obtained details of the monetary donations that would have been lodged to an account had one been opened.

In relation to returns made in respect of 2002 only, the Standards Commission decided to adopt the same approach as above in the case of TDs, Senators and MEPs who failed to comply with the requirements of the legislation regarding political donations accounts. A copy of the report relating to unsuccessful candidates was sent to each TD, Senator and MEP. It was pointed out in a covering letter that they should now be fully conversant with the statutory obligations and that there can be no reasonable grounds in the future for failing to open and maintain a political donations account, where this is required

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