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

Chapter 11 Donation Statements received from unsuccessful candidates

1 Donation Statements and Certificates of Monetary Donations

As stated in Chapter 10 above, unsuccessful candidates at the European election were required to furnish their Donation Statements and, where appropriate, Certificates of Monetary Donations, to the Standards Commission by 6 August 2004. Twenty four of the thirty one unsuccessful candidates returned their Donation Statements by the statutory deadline.

On 16 August 2004, the Standards Commission issued a reminder to four unsuccessful candidates whose Donation Statements were still outstanding at this point. On 23 August the Standards Commission sent a second reminder to three unsuccessful candidates whose Donation Statements had not yet been received. Each of these reminders drew attention to the fact that it is an offence to fail to furnish a Donation Statement by the statutory deadline.

A third and final reminder issued to the same candidates on 30 August 2004. The candidates were advised that if the Donation Statement was not received within seven days, the Standards Commission would consider referring the matter for possible prosecution.

On 13 September 2004, the Standards Commission wrote to An Garda Síochána requesting that they investigate the failure of Mr. Gerard Hannan,13 Salmon Weir, Annacotty, Limerick to furnish a Donation Statement. (The Standards Commission was previously advised by the Office of the Director of Public Prosecutions to deal directly with the Garda authorities, in the first instance, in relation to possible offences under the Electoral Acts.) The Standards Commission understands that An Garda Síochána is investigating the matter. At the time of going to print with this report, a Donation Statement had not been received from Mr. Hannan.

General observations

As provided by section 4(1) of the Electoral Acts, the Standards Commission considered the Donation Statements furnished by the unsuccessful candidates. Sixteen of the thirty unsuccessful candidates who furnished Donation Statements disclosed that they had received a donation valued in excess of €634.87 in relation to the election. One candidate, Ms. Maire Hainsworth, disclosed a donation of €350 although she was not required to do so. Details of the donations disclosed by unsuccessful candidates at the election are contained at Appendix 2 and Appendix 3 to this report.

The Standards Commission was not notified by any candidate at the election of the receipt of an anonymous donation or the receipt of a donation in excess of the prescribed limit. One candidate, Ms. Patricia McKenna (GP), disclosed a donation from a donor who is resident in the United States. Ms. McKenna confirmed on her Donation Statement that the donor is an Irish citizen.

Certificates of Monetary Donations

Seventeen of the thirty unsuccessful candidates who furnished a Donation Statement also furnished a Certificate of Monetary Donations. It is assumed that the remaining thirteen candidates who did not furnish a Certificate of Monetary Donations did not receive a monetary donation exceeding €126.97 in relation to the election.

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