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

Chapter 3 Definition of a donation to a candidate at a European election

3.1 What is included in the definition of a donation to a candidate at a European election

Section 22(2)(a) of the Electoral Acts provides that a donation to a candidate at a European election includes all or any of the following:

• a donation of money;
• a donation of property or goods;
• the free use of property or goods;
• a free supply of services;
• the difference between the commercial price and the (lower) price charged for the purchase, acquisition or use of property, goods or services;
• a donation received by way of a contribution made to the net profit from a fund-raising event organised for the purpose of raising funds for a candidate. Where a fund-raising event is organised by a candidate's political party to raise funds for the party, contributions to the event are considered to be a donation to the party, even if the funds are subsequently used to support the candidate.

3.2 What is excluded from the definition of a donation to a candidate at a European election

The list of items provided for in section 22(2)(b) of the Electoral Acts which are not regarded as a donation to a candidate are as follows:

• free post service provided by An Post to candidates under rule 22 of the Second Schedule to the European Parliament Elections Act, 1997;
• any payment, service or facility provided to a candidate out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party, pursuant to specified legislation, by virtue of the candidate being:
• a representative in the European Parliament;
• a member of the Dáil or Seanad;
• the holder of a qualifying office or position;
• the holder of an elective or other public office; or
• a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party;
• a free service provided by an individual, including use of the individual's motor vehicle, private telephone, etc., where the service provided is not part of the individual's work or business;
• a service provided at a European election by an employee of a political party, including use of the individual's motor vehicle, where the employee's remuneration is paid out of party resources or out of public funds and where the employee is not in receipt of any reward or benefit in kind other than his or her normal remuneration (including recoupment of expenses) for that service;
• normal media coverage and the transmission on radio or television of a broadcast on behalf of the candidate; and
• expenses incurred or payments made by a political party on behalf of the candidate;

NOTE: Money given directly by a political party to a candidate is regarded as a donation to the candidate. Election expenses incurred or payments made by a support group, other than a political party, on a candidate's behalf are also regarded as donations to a candidate.

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