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Tribunals of Inquiry Recommendations

Dáil Éireann Debate, Wednesday - 4 July 2018

Wednesday, 4 July 2018

Questions (345)

Micheál Martin

Question:

345. Deputy Micheál Martin asked the Minister for Housing, Planning and Local Government if all recommendations of the Moriarty tribunal have been implemented; the recommendations that are outstanding; and when they will be implemented. [29040/18]

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Written answers

The Electoral (Amendment) (Political Funding) Act 2012 (the "2012 Act"), which was enacted on 28 July 2012, significantly enhanced the openness and transparency of political funding in Ireland. These were issues that were central to the recommendations made in the Moriarty Tribunal Report which was published in March 2011. Ultimately, the 2012 Act comprehensively addressed these core issues while also having regard to Government commitments at that time as well as recommendations from the Council of Europe Group of States Against Corruption (GRECO) and the Standards in Public Office Commission (SIPO) on other related matters.

  The Tribunal recommended that all political donations, apart from those under a modest threshold, be reported and published. Under the 2012 Act, which amended the Electoral Act 1997, the threshold at which donations must be declared by a political party to SIPO fell from €5,078.95 to €1,500. The declaration threshold for a donation received by a candidate or an elected representative was reduced from €634.87 to €600.  In addition, a limit of €200 was placed on donations in cash. 

The threshold for the receipt of anonymous donations was reduced to €100. The donation threshold amount that gives rise to the requirement to open a political donations account was also reduced to €100. Anonymous indirect donations were banned under the 2012 Act. There was a reduction from €5,078.95 to €200 in the threshold at which donations must be reported by companies, trade unions, societies and building societies in their annual reports or returns. In addition, the threshold for donors other than companies, trade unions, societies and building societies, in reporting donations to SIPO was reduced from €5,078.95 to €1,500 for aggregate donations given in the same year.

The Moriarty Tribunal in its Report also noted that the desirability and feasibility of a complete ban on private political funding is pre-eminently a matter for the Houses of the Oireachtas and for public debate and consideration, having regard to constitutional issues that might arise, and to the national financial exigencies. With reference to this comment in the Tribunal Report, a noteworthy provision in the Act is the introduction of a ban on the acceptance of donations over €200 for political purposes from a corporate donor unless the donor has registered with SIPO. In this instance, the objective was to restrict the influence of corporate donors. Such donations also need to be accompanied by a statement confirming that the donation has been approved by a general meeting of the members of the body, or by its trustees.  By restricting corporate donations in this manner, the 2012 Act went beyond the recommendations made by the Tribunal. 

The 2012 Act provides for a reduction in the maximum amount that can be accepted as a political donation by an individual from €2,539.48 to €1,000. This €1,000 limit applies in respect of donations to a member of either House of the Oireachtas, a Member of the European Parliament or a member of a local authority, as well as a candidate at a Presidential, Dáil, Seanad, European Parliament or local election. The maximum amount that can be accepted as a donation by a political party, an accounting unit of a political party or a third party has been reduced from €6,348.69 to €2,500. In addition, the 2012 Act provides that political parties are required to submit audited annual accounts to SIPO for publication. This requirement also goes beyond the Moriarty Tribunal recommendation by providing that both the income and expenditure of political parties is reported and open to public scrutiny.

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