Electoral (Amendment) Act, 2001

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Interpretation.

19A.—For the purposes of this Part—

‘account’ means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;

‘candidate’ means a person who on or before the date of the making of the order appointing polling day in relation to an election is declared by himself or herself or by others to be a candidate at the election concerned;

‘institution’ means—

(a) the holder of a licence under section 9 of the Central Bank Act, 1971 ,

(b) a building society incorporated or deemed to be incorporated under the Building Societies Act, 1989 , or a body incorporated in a corresponding manner under the law of any other Member State of the European Communities,

(c) a trustee savings bank within the meaning of the Trustees Savings Banks Act, 1989,

(d) ACC Bank plc,

(e) An Post, or

(f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 ( S.I. No. 395 of 1992 ), to carry on business in the State;

‘local political matter’ means a matter relating to the policy or policies or functions of a local authority or other statutory body in which are vested functions in relation to local government;

‘political purposes’ means any of the following purposes, namely—

(i)   (I) to promote or oppose, directly or indirectly, the interests of a political party or a member of a local authority, or

(II) to present, directly or indirectly, the policies or a particular policy of a political party, a member of a local authority or a third party, or

(III) to present, directly or indirectly, the comments of a political party, a member of a local authority or a third party with regard to the policy or policies of another political party, member of a local authority, third party or candidate at the election, or at a plebiscite or campaign 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 plebiscite or local political matter,

(ii) to promote or oppose, directly or indirectly, the election of a candidate at the 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 with regard to any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or third party or of another candidate at the election or otherwise,

(iii) otherwise to influence the outcome of the election, or a plebiscite or campaign;

‘plebiscite’ means a poll to ascertain the views or consent of qualified electors, within the meaning of section 67(2) of the Local Government Act, 1994 , in relation to a local political matter;

‘responsible person’, in relation to a third party, means a person who is responsible for the organisation, management or financial affairs of the third party;

‘third party’, in relation to a local election, plebiscite or campaign, means any person, other than a political party registered in the Register of Political Parties under Part III of the Act of 1992 or a candidate at an election, who accepts, in any particular year, a donation the value of which exceeds £100.

Limits on donation amounts.

19B.—(1) (a) Without prejudice to subsection (2), a candidate at an election shall not, directly or through any intermediary, accept in connection with the election from a particular person a donation the value of which exceeds £2,000.

(b) Without prejudice to subsection (2), none of the following persons, namely—

(i) a member of a local authority,

(ii) a political party, or

(iii) a third party,

shall, directly or through any intermediary, accept from a particular person in a particular year a donation the value of which exceeds—

(I) in case the first-mentioned person falls within subparagraph (i), £2,000,

(II) in case the first-mentioned person falls within subparagraph (ii) or (iii), £5,000.

(2) None of the persons referred to in subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—

(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or

(b) a body corporate or an unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed.

(3) For the avoidance of doubt, if the provisions of section 23A or 48A of the Electoral Act, 1997 , fall to be applied to anything referred to in subsection (1) or (2), the provisions of the said section 23A or 48A (as the case may be) and subsection (1) or (2) shall be construed as permitting only one donation of the value of £2,000 or £5,000, as the case may be (or two or more donations of a total value of the said amount) to be received from a particular person in relation to the same matter.

(4) Where a person makes more than one donation in the same year to the same member of a local authority or, in relation to the same election, plebiscite or campaign, to the same candidate or political party or, in connection with the same election, plebiscite or campaign, to the same third party, all such donations shall, for the purposes of this section, be aggregated and treated as a single donation received by the person concerned and references in subsequent provisions of this section to a donation the acceptance of which is prohibited by subsection (1) shall be construed accordingly.

(5) The limits referred to in subsection (1) shall not apply to the provision by any person of a constituency office to an individual or, if more than one such office is provided to the individual, whichever one of those offices is nominated in writing by the individual for the purposes of this subsection.

(6) Where, notwithstanding subsection (1) or (2), a donation the acceptance of which is prohibited by either subsection, is made to a person referred to therein the donee shall, not later than 14 days after the receipt of the donation, either—

(a) return the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned, to the donor and keep a written record of that return for the purposes of its being furnished to the local authority concerned, if required by it, or

(b) notify the local authority concerned of such receipt and remit the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof to the authority.

(7) A local authority shall dispose of all moneys, property or goods received by it under subsection (6) in such manner as it determines.

Variation of monetary amounts by order of Minister.

19C.—(1) The Minister may, by order, vary any monetary amount specified in section 19A, 19B, 19D, 19E or 19F having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section, and may, by order, amend or revoke any such order.

(2) For the purposes of this section, ‘change in the consumer price index’ means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the provision specifying the amount applying immediately before the making of the said order, including an order under this section, expressed as a percentage of the last-mentioned number.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.

Political donations accounts.

19D.—(1) A member of a local authority, a candidate at an election or a third party who receives, in any particular year, a monetary donation the value of which exceeds £100 shall open and maintain an account in an institution in the State and shall lodge that donation and any further monetary donations received by him or her to that account.

(2) A member of a local authority or an unsuccessful candidate at an election shall ensure that, in the case of a member, the donation statement furnished by him or her under section 19E to a local authority and, in the case of an unsuccessful candidate, the statement furnished by him or her under section 13, is accompanied by—

(a) a statement provided by the institution referred to in subsection (1) with which he or she has opened the account referred to therein specifying the transactions that have taken place in relation to the account, in the case of a member of a local authority, during the year preceding the year in which the said donation statement is furnished or, in the case of an unsuccessful candidate, during the period beginning on the date of opening of the account and ending on polling day at the election, and

(b) a certificate, in the form directed by the Minister, signed by the member or unsuccessful candidate, stating that all donations referred to in subsection (1) that were received by him or her during the said preceding year or said period, as the case may be, were lodged to the said account and all amounts debited from that account were used for political purposes.

(3) Not later than 31 March in every year, the responsible person of a third party shall furnish to the local authority concerned a statement provided by the institution referred to in subsection (1) with which the third party has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the preceding year together with a certificate, in the form directed by the Minister, signed by him or her stating that all donations referred to in subsection (1) that were received by the third party during the preceding year were lodged to the said account and all amounts debited from that account were used for political purposes.

(4) The certificate to be furnished under subsection (2) or (3) shall be accompanied by a statutory declaration made by the person by whom the certificate is furnished that, to the best of the person's knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the certificate.

(5) If a person to whom subsection (2) applies dies before the expiration of the period for the furnishing of the donation statement or, as the case may be, the statement under section 13 referred to in that subsection to the local authority concerned the requirements of that subsection with respect to that statement being accompanied by the statement and certificate referred to therein shall not apply.

(6) A local authority shall retain the statements, certificates and statutory declarations furnished to it pursuant to subsection (2) or (3) and shall not disclose the contents of those statements, certificates or declarations unless ordered by a court to do so or save when such disclosure is required in connection with an investigation held by the local authority.

(7) A member of a local authority, a candidate at an election, a third party or the responsible person of a third party, as the case may be, who fails to comply with subsection (1), (2), (3) or (4) shall be guilty of an offence.

Donation statement.

19E.—(1) Not later than the 31st day of January in every year, each person who, in the preceding year, was a member of a local authority shall furnish to the local authority concerned a written statement, in the form directed by the Minister, in respect of the preceding year indicating whether during that year the member received a donation the value of which exceeded £500 and stating in respect of each such donation (if any)—

(i) the value of the donation, and

(ii) the name, description and postal address of the person by or on whose behalf the donation was made.

(2) A statement furnished pursuant to subsection (1) (which shall be known, and is referred to in this Act, as a ‘donation statement’) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the person's knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(3) It shall be the duty of every person who is required by this section to furnish a donation statement and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.

(4) If the person to whom subsection (1) applies dies before the expiration of the period for furnishing a statement under that subsection, such statement shall not be required to be made to the local authority concerned.

Anonymous donations.

19F.—(1) A member of a local authority, a candidate at a local election or a third party at a local election or a plebiscite or in connection with a campaign or otherwise shall not, directly or through any intermediary, accept a donation the value of which exceeds £100 unless the name and address of the person by or on whose behalf the donation is made are known to the member, candidate or third party, as the case may be.

(2) Where, notwithstanding subsection (1), a donation, acceptance of which is prohibited by that subsection, is made to a member of a local authority, a candidate at a local election or a third party at a local election or a plebiscite or in connection with a campaign or otherwise, the member, candidate or party concerned shall, not later than 14 days after the receipt of such donation, notify the local authority concerned in writing of such receipt and remit the donation or the value thereof to the local authority.

(3) The said local authority shall cause a copy of each notification received under subsection (2) by it to be laid before the members of the local authority and shall dispose of all moneys, property or goods received under the said subsection in such manner as it determines.

Registration of third parties.

19G.—As soon as may be after the receipt by it of a donation the value of which exceeds £100 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 local authority concerned 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 the election or with plebiscite or campaign.”;