Dáil Éireann Debate, Thursday - 8 September 2022
629. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage if, in the interest of transparency, he plans to amend the Electoral Act 1922 in order that donation returns for third parties would be published as they are for Deputies, Senators, Members of the European Parliament and political parties; and if he will make a statement on the matter. [43398/22]
Amharc ar fhreagraThe Electoral Act 1997 (as amended) provides the statutory framework for dealing with political financing and sets out the regulatory regime covering a wide range of inter-related issues such as the funding of political parties; the reimbursement of election expenses; the establishment of election expenditure limits; the disclosure of election expenditure; the setting of limits on permissible donations; the prohibition of certain donations; the disclosure of donations; and the registration of third parties who accept donations given for political purposes which exceed €100.
The Act also provides for the independent supervision of this regime by the Standards in Public Office (SIPO) Commission who have published a number of guidelines to inform election candidates, members of the Houses of the Oireachtas, members of the European Parliament, political parties, corporate donors and third parties of their obligations under the Act.
The principal objectives of the Electoral Act 1997 are to ensure that there is openness and accountability in the relationships that exist between election candidates, elected members and political parties and those who would support them, whether by way of financial assistance or otherwise. The Act also seeks to achieve equity in the electoral process by limiting expenditure at elections and by providing a system whereby candidates at elections can recoup election expenses subject to certain criteria being met.
Under Part IV of the Act, a third party must, on receipt of a donation exceeding the value of €100, and before incurring any expenses for political purposes, or any further such expenses, furnish to SIPO: –
the name and address of the third party and the name and address of the person responsible for its organisation, management or financial affairs (i.e. the “responsible person”);
a statement of the nature, purpose and estimated amount of donations to, and proposed expenses of, the third party during the year; and
an indication of any connection the third party may have with any political party or candidate at an election or referendum or otherwise.
A third party is also required to open and maintain a political donations account on receipt of a donation exceeding the value of €100 and must lodge all further donations given for political purposes irrespective of value into that account. Not later than 31 March each year, the responsible person of a third party must provide to SIPO a statement, provided by the financial institution with which the third party has opened its political donations account, specifying the transactions that have taken place during the preceding year together with a certificate, in the form directed by SIPO, stating that all monetary donations received by the third party during the preceding year were lodged to that account and that all amounts debited from that account were used for political purpose. The statement and certificate must be accompanied by a statutory declaration.
While SIPO retain the statements, certificates and statutory declarations, they are not disclosed unless by order of a Court. As matters currently stand, third parties do not have to make donation statements for donations received above specified thresholds which differs from the obligations on political parties, candidates and elected members.
The Electoral Reform Act 2022 was passed by both Houses of the Oireachtas in July this year. The Act provides for the establishment of an independent statutory electoral commission – An Coimisiún Toghcháin. Part 7 of the Act provides for a number of amendments to the Electoral Act 1997 aimed at clarifying and strengthening the relevant provisions relating to the political donations and expenditure regime. During the passage of the Electoral Reform Bill through the Oireachtas I committed to an Coimisiún Toghcháin, when established, carrying out a comprehensive review of the Electoral Act 1997. It is envisaged that an Coimisiún will examine the 1997 Act with a view to making recommendations on any aspects of the Act that may require amendment.
