29/10/03 - Report on compliance by third parties in 2002 / 2003

Part 4. Political Donations Accounts / Certificates of Monetary Donations

The requirement to open a separate political donations account is contained in section 23B of the 1997 Act, as introduced by the Electoral (Amendment) Act, 2001. The requirement commenced with effect from 1 January 2002. If a registered third party received a monetary donation of more than €126.97 during 2002, it was required to open and maintain a political donations account in a financial institution in the State and to lodge that donation and any further donations received, of whatever value, to the account.

The responsible person of that third party was required to furnish to the Standards Commission a Certificate of Monetary Donations and a Statutory Declaration, as well as a statement from the financial institution where the third party had opened the political donations account. A responsible person of a third party who failed to comply with this requirement would be guilty of an offence under the legislation.

On 5 March 2003 the Standards Commission wrote to the responsible person of each registered third party and enclosed a Certificate of Monetary Donations and Statutory Declaration form for completion and return. The form was to be accompanied by a statement from the financial institution giving details of transactions relating to the political donations account during 2002. The Standards Commission also requested the responsible person to confirm, in writing, that no donation in excess of the limit of €6,348.69 was received and that no foreign donation was received by the third party.

Of the 27 registered third parties:

• 22 have fully complied with the legislation.
• Democrats against Nice has, to date, failed to provide a statement from a financial institution and has also failed to confirm that no donations in excess of the limit of €6,348 and no foreign donations were received. The Standards Commission is continuing to pursue this matter. The Certificate of Monetary Donations and Statutory Declaration form has been completed and furnished to the Standards Commission.
• Alliance for a NO Vote has, to date, failed to confirm that no donations in excess of the limit of €6,348.69 and no foreign donation were received. Recent correspondence to the address provided has been returned undelivered. The matter is being pursued.
• Neither Galway for a Safe Environment nor Éire ar son na Beatha opened a political donations account. Instead, they provided details of the monetary donations which were received. This was acceptable to the Standards Commission.
• One group, Concerned Christians against Nice , opened an account in a credit union, which is not a financial institution for the purposes of the legislation. The group complied with the provisions of the legislation in all other aspects.

As stated previously, in accordance with section 23(B)(8) of the Electoral Act, 1997, as amended, neither the statements of financial institutions nor the Certificate of Monetary Donations and Statutory Declaration forms are available for public inspection.

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