26/03/03 - Report on involvement by individuals and groups in the referenda on abortion and the Nice Treaty and the Dáil general election

Relevant legislation

Electoral Act, 1997.

Electoral (Amendment) Act, 2001.

Section 22(2)(aa) of the 1997 Act, as inserted by the 2001 Act, provides that a third party means any person, other than a political party registered in the Register of Political Parties under Part III of the Electoral Act, 1992 or a candidate at an election, who accepts, in a particular year, a donation the value of which exceeds €126.97. A person includes an individual, a body corporate and an unincorporated body of persons.

Section 23C of the 1997 Act, as inserted by the 2001 Act, provides that, as soon as may be after the receipt by it of a donation the value of which exceeds €126.97 and before incurring any expenses for political purposes or, as the case may be, incurring, subsequent to that receipt, any further such expenses, a third party shall furnish to the Standards Commission in writing:

(a) the name and address of the third party and the name and address of the responsible person, or each responsible person, in relation to the third party,

(b) a statement of the nature, purpose and estimated amount of the donations to, and proposed expenses of, the third party in any year, and

(c) an indication of the third party's connection, if any, with any political party or candidate at a Dáil, Seanad or European election or referendum or otherwise.

Section 22(2)(a) of the 1997 Act, as amended by the 2001 Act, provides that a donation means any contribution given for political purposes by any person, whether or not the person is a member of a political party, and includes all or any of the following, namely -

• a donation of money;
• a donation of property or goods;
• the free use of property or goods;
• the free supply of services;
• the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service, where the price, fee or other consideration is less than the commercial price.

Section 22(2)(aa) of the 1997 Act, as inserted by the 2001 Act, provides that political purposes means any of the following purposes namely;

(i)(I) to promote or oppose directly or indirectly, the interests of a political party, a political group, a member of either House of the Oireachtas or a representative in the European Parliament, or

(II) to present, directly or indirectly the policies or a particular policy of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party, or

(III) to present, directly or indirectly, the comments of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party with regard to the policy or policies of another political party, political group, a member of either House of the Oireachtas, representative in the European Parliament, third party or candidate at an election or referendum or otherwise, or

(IV) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a policy or policies or functions of the Government or any public authority;

(ii) to promote or oppose, directly or indirectly, the election of a candidate at a Dáil, Seanad or European election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or a political group or of another candidate at the election or otherwise;

(iii) otherwise to influence the outcome of the election or a referendum or campaign referred to in paragraph (i)(IV) of this definition.

Section 22(2)(aa) of the 1997 Act, as inserted by the 2001 Act, provides that the responsible person in relation to a third party means the person or persons responsible for the organisation, management or financial affairs of the third party.

Section 23A of the 1997 Act, as inserted by the 2001 Act, limits to €6,348.69 the aggregate value of donations which a third party can accept from the same donor in a calendar year. The section also provides that a third party cannot accept a donation, of whatever value, from an individual (other than an Irish citizen) who resides outside the island of Ireland or from a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland from which the carrying on of one or more of its principal activities is directed.

Section 23B of the 1997 Act, as inserted by the 2001 Act, provides that, if it received a monetary donation of more than €126.97, a third party must open and maintain a political donations account and furnish to the Standards Commission, by 31 March in every year, a statement provided by the financial institution in which the political donations account was opened specifying the transactions that have taken place in relation to the account during the preceding year together with a certificate stating that all monetary donations received by the third party during the preceding year were lodged to the said account and all amounts debited from the account were used for political purposes.

Section 25(1)(e) of the 1997 Act, as inserted by the 2001 Act, provides that the responsible person of a third party shall be guilty of an offence if he or she fails to comply with section 23C.

Section 4 (1) of the 1997 Act, provides that the Standards Commission shall consider every notification furnished to it under section 23 and, if it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil (Ceann Comhairle) on any matter arising in relation to such notifications. Pursuant to section 4 (5) of the 1997 Act, the Chairman of the Dáil is required to lay the report before both Houses of the Oireachtas.

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