11/11/04 - Report to Ceann Comhairle re European elections of 11 June 2004

Other relevant provisions

2.16 "Third parties" and "other persons"

A "third party" is defined under section 22(2)(aa) of the Electoral Acts as a person, other than a registered political party or a candidate at an election, who receives a contribution for political purposes which exceeds €126.97 in value. As soon as may be after the receipt by it of a donation valued in excess of €126.97 a third party is required under section 23(c) of the Electoral Acts to register with the Standards Commission. Third parties are also subject to the requirements of the legislation concerning the opening and maintenance of political donations accounts and the acceptance of prohibited donations. The maximum donation which can be accepted by a third party from the same donor in any given year is €6,348.69.

Section 31(6) of the Electoral Acts provides that where election expenses are incurred at a European election by a body which -

i) was established by or on behalf of a political party or candidate for the purposes of incurring election expenses or making payments in respect of election expenses, or

ii) is a member of or is a branch or subsidiary organisation of a political party, or

iii) is effectively controlled by a political party or candidate or is or appears to be so connected with or associated with a political party or candidate that a reasonable person would believe that it is controlled or substantially influenced by that political party or candidate,

the expenses will be deemed to have been incurred on behalf of the candidate or party concerned and must be accounted for by the relevant election agent or national agent.

A person (including a "third party") who intends incurring expenditure at a European election and who is not the national agent of a political party, the election agent of a candidate or a person authorised by either agent to incur election expenses, must, pursuant to section 31(7) of the Electoral Acts, notify the Standards Commission of the proposed expenditure and provide details of the person proposing to incur the expenditure. Such persons are referred to throughout this report as "other persons". A "third party" who has already registered with the Standards Commission is also required to notify the Standards Commission in accordance with section 31(7) if it intends to incur election expenses at a European election.

Section 31(10) of the Electoral Acts provides that the publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to a European election purporting to promote or oppose, directly or indirectly, the interests of a political party or a candidate at the election, unless requested to do so by one of the following people:

- the national agent of a political party, or a person authorised in writing by such agent.
- a candidate at the election, a candidate's election agent or a person authorised in writing by such candidate or agent.
- an "other person" who produces to the publisher a certificate from the Standards Commission confirming that the person has complied with section 31(7) of the Electoral Acts.

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