A person who was a TD, Senator or MEP during 2010 was required to furnish a Donation Statement to the Standards Commission by 31 January 2011. Donations (see definition in Appendix 3) received during 2010 which exceeded a value of €634.87 were required to be disclosed. Donations from the same person in the same year must be aggregated for the purposes of observing the disclosure threshold and the maximum acceptance limit (€2,539.48).
In early January 2011 the Standards Commission wrote to all 237 Members enclosing a Donation Statement/Statutory Declaration form for completion and return by 31 January 2011.
All of the statutory documentation was returned to the Commission by mid-February 2011 with the exception of three members. The 3 Members in question were:
| Party | Documentation not returned by mid February 2011 |
|---|---|
| Fianna Fáil | Mr Noel Treacy, TD |
| Fine Gael |
Senator Liam Twomey
Mr George Lee, former TD |
Mr Noel Treacy submitted the required documentation on 24 February 2011; Senator Liam Twomey did so on 2 March 2011 and Mr George Lee did so on 3 March 2011.
A total of 237 Donation Statements and Statutory Declarations in respect of 2010 were received. Donations were disclosed as follows:
| Party | Category | No. with donations |
Cash (€) |
Non-cash (€) |
|---|---|---|---|---|
| Fianna Fáil | Senator | 1 | nil | 1,200.00 |
| TD | 6 | 11,729.42 | 34,000.00 | |
| Fine Gael | Senator | 1 | 2,500.00 | nil |
| TD | 3 | 22,050.00 | 750.00 | |
| Green Party | TD | 2 | 3,739.00 | nil |
| Labour Party | MEP | 1 | 10,980.50 | nil |
| TD | 4 | 2,300.00 | 660.00 | |
| Non Party | Senator | 1 | 9,934.05 | nil |
| Grand Total | 19 | 63,232.97 | 36,610.00 |
15 TDs disclosed donations with a total value of €75,228.42 while three Senators disclosed a total of €13,634.05. Donations with a total value of €10,980.50 were disclosed by 1 MEP. The total of donations disclosed was €99,842.97.
For each donation exceeding a value of €634.87, the person furnishing the Donation Statement must indicate the value and nature of the donation as well as the name, a description and postal address of the donor. Section 22(2)(d) of the Electoral Act 1997 (the Electoral Act), as amended, provides that donations from the same person in the same year must be aggregated for the purposes of observing the disclosure threshold and the maximum acceptance limit. Section 24(3) of the Electoral Act provides that the Donation Statement must be accompanied by a Statutory Declaration made by the person furnishing the Donation Statement, stating to the effect that, to the best of his/her knowledge and belief, the Donation Statement is correct in every material respect and he/she has taken all reasonable action in order to be satisfied as to the accuracy of the Donation Statement.
Details of the donations disclosed in respect of 2010 are available in a report to the Ceann Comhairle which was published in May 2011. The report is also available on the Standards Commission website.
Section 24(1A) of the Electoral Act provides that an individual must furnish a Donation Statement/Statutory Declaration to the Standards Commission, if he/she, in a particular year, makes donations exceeding €5,078.95 in aggregate value to two or more persons who were members of the same political party when the donations were made, or to a political party, and to one or more of its members. The Donation Statement/Statutory Declaration, must give details of the donations and the persons to whom they were made and must be furnished by 31 January of the following year.
If a donor does not intend to comply with this requirement and a Member or candidate at an election is aware of this, he/she is prohibited from accepting a donation from that individual. If such a donation is received, the Standards Commission must be notified within 14 days and the donation or its value remitted to the Standards Commission.
No Donation Statements from individual donors were received for 2010.
Each political party was required to furnish a Donation Statement to the Standards Commission by 31 March 2011. Donations received by a political party exceeding an aggregate value of €5,078.95 are required to be disclosed. The maximum value of donations which a political party can accept from the same person in the same calendar year is €6,348.69. Donations received from the same donor in the same calendar year must be aggregated for the purposes of observing the disclosure and maximum acceptance limits. The total value of donations disclosed by parties during 2010 was €67,907.55, the lowest amount disclosed since the introduction of the disclosure requirement 14 years ago. None of the three main political parties (Fianna Fáil, Fine Gael nor the Labour Party) disclosed any donations in 2010.
Details of the donations disclosed by political parties in respect of 2010 are available in a report which the Standards Commission furnished to the Ceann Comhairle in May 2011. The report is also available on the Standards Commission website.
The report relating to the Donegal South West Dáil bye-election, published by the Standards Commission in April 2011, shows that candidates disclosed total election spending of €115,042. 73. The spending limit was €30,150 per candidate (3 seat constituency). Five of the six election agents furnished their Election Expenses Statements by the statutory deadline. One unsuccessful candidate (Ms Ann Sweeney) did not return an Election Expenses Statement. She had withdrawn her candidature after the latest date for doing so but was still legally required to provide an Election Expenses Statement. Failure to furnish an Election Expenses Statement and Statutory Declaration within 56 days of polling day is an offence under the Electoral Act. On 9 March 2011 the Standards Commission referred the matter to the Gardaí as the Election Expenses Statement remained outstanding. On 9 May 2011, Ms Sweeney furnished an Election Expenses Statement to the Standards Commission, disclosing spending of €1,331.00. The Gardaí were advised that the statement had been received. In total therefore, candidates disclosed election spending of €116,373.73.
Three of the four Election Expenses Statements furnished by national agents were received by the statutory deadline, while the remaining National Agent Election Expenses Statement (from Sinn Féin, and a “nil” return) was received later.
Below is a summary of the information provided by election agents and national agents in their Election Expenses Statements. Expenditure opposite the candidate’s name represents expenditure incurred by the candidate’s election agent.
| Candidate | Total (€) |
|---|---|
| Doherty, Pearse (SF) | 24,939.23 |
| National Agent | nil |
| Total | 24,939.23 |
| McBrearty, Frank (Lab) | 11,485.53 |
| National Agent | 18,431.23 |
| Total | 29,916.76 |
| Candidate | Total (€) |
| Ó’Domhnaill, Brian (FF) | 1,609.53 |
| National Agent | 25,594.18 |
| Total | 27,203.71 |
| O’Neill, Barry (FG) | nil |
| National Agent | 28,987.16 |
| Total | 28,987.16 |
| Pringle, Thomas (NP) | 3,995.87 |
| Sweeney, Ann (NP) | 1,331.00 |
| Total | 116,373.73 |
Four of the five unsuccessful candidates returned their Donation Statements by the statutory deadline. One unsuccessful candidate (Ms Ann Sweeney) did not return a Donation Statement. Failure to furnish a Donation Statement and Statutory Declaration within 56 days of polling day is an offence under section 25 of the Act. On 9 March 2011 the Standards Commission decided to refer the matter to the Gardaí as the Donation Statement remained outstanding. On 9 May 2011, the Standards Commission received the required documentation from Ms Sweeney and advised the Gardaí of this.
One of the four unsuccessful candidates, Mr Frank McBrearty Junior, disclosed a donation of €1,470.00.
The report is available on the Standards Commission’s website.
The elected candidate, Deputy Pearse Doherty is required, as a member of the Dáil, to furnish to the Standards Commission, by 31 January each year, an annual Donation Statement and accompanying documentation. The Donation Statement which was furnished by Deputy Doherty by 31 January 2011, in respect of 2010, did not disclose any donation.
As highlighted in previous Annual Reports, the Standards Commission continues to experience difficulties in supervising the provisions of the legislation relating to accounting units (see definition in Appendix 3).
It is an offence for the responsible person of an accounting unit to fail to furnish, by 31 March each year, a Certificate of Monetary Donations and Bank Statement to the Standards Commission. Only a small percentage of accounting units comply with their statutory requirements in this regard, as the following table shows. The documentation was required to be furnished to the Standards Commission by 31 March 2010.
| Party | Number of Accounting Units | Returned on time |
|---|---|---|
| Fianna Fáil | 57 | 27 |
| Fine Gael | 45 | 17 |
| Green Party | 34 | 17 |
| Labour | 34 | 19 |
| Progressive Democrats | 18 | 6 |
| Sinn Féin | 15 | 6 |
Following a number of reminders, all but three accounting units had furnished the required statutory documentation by early June 2010. On 2 June 2010 and 18 June 2010 respectively, the following accounting units were referred to the Gardaí.
| Party | Accounting units |
|---|---|
| The Labour Party | Thomastown; Trinity College |
| Green Party | Cork South Central |
These three accounting units furnished the relevant documents after the intervention of the Gardaí. It is a matter of regret that it was necessary to refer three accounting units to the Gardaí. However, there was a major improvement on the level of compliance by accounting units in respect of 2009 and the Standards Commission wishes to acknowledge the efforts of the political parties in bringing about this improvement. However, there is still room for further improvement and the Standards Commission restates its intention to refer non-compliant accounting units to the Gardaí in the future, if necessary.
On receipt of a donation exceeding €126.97 in value, a third party (see definition in Appendix 3) must register with the Standards Commission and is subject to the same rules about acceptance of donations as political parties.
A third party must, by 31 March each year, furnish the Standards Commission with -
One of the main differences between a third party and a political party, insofar as donations are concerned, is that a third party is not obliged to submit a Donation Statement/Statutory Declaration, whereas a political party is obliged to submit one.
In early March 2010, the Standards Commission wrote to ten third parties that had been in existence prior to that time seeking a Certificate of Monetary Donations/Statutory Declaration and a bank statement, if appropriate, in relation to their political donations accounts. The Standards Commission also wrote to 35 new third parties which had registered for the second referendum on the Treaty of Lisbon which was held on 2 October 2009. All 45 third parties were required to submit the relevant documents by 31 March 2010 in respect of 2009.
The tables below identify the third parties that were registered in 2009 and indicate whether documentation was received from them by the statutory deadline. The third column indicates their status at the end of 2009, i.e., whether they continued to be registered as third parties and therefore active, or were no longer active and opted to be de-registered.
A letter issued on 13 April 2010, to all third parties that had failed to furnish the required documentation by 31 March, advising that the Commission would refer the matter to the DPP if the outstanding documentation was not received by 14 May 2010. All but two third parties furnished the documentation by 14 May 2010.
| Existing Third Parties | Statutory Documentation received by 31 March 2010 | Status at 31 December 2009 |
|---|---|---|
| Campaign Against EU Constitution | No (but received by 14 May 2010) | De-registered |
| CÓIR | Yes | Registered |
| Democratic Alliance | Yes | Registered |
| Immigration Control Platform | Yes | Registered |
| The Irish Alliance for Europe | No | Did not reply to correspondence and the Commission formed the view that it had disbanded |
| Libertas | No (but received by 14 May 2010) | De-registered |
| The National Platform | Yes | De-registered |
| Peace and Neutrality Alliance | No (but received by 14 May 2010) | Registered |
| Pro Life Campaign | Yes | Registered |
| Tipperary Against the Lisbon Treaty | No (but received by 14 May 2010) | De-registered |
| New Third Parties | Statutory Documentation received by 31 March 2010 | Status at 31 December 2009 |
|---|---|---|
| Business for Europe | No (but received by 14 May 2010) | De-registered |
| Cork Chamber of Commerce | Yes | De-registered |
| European Youth for Ireland | No (but received on 19 July 2010) | Registered |
| New Third Parties | Statutory Documentation received by 31 March 2010 | Status at 31 December 2009 |
| Generation Yes | No (but received by 14 May 2010) | Registered |
| IBEC | Yes | De-registered |
| Ireland’s Future | Yes | De-registered |
| Ireland for Europe - Clare | Yes | De-registered |
| Ireland for Europe - Cork | Yes | De-registered |
| Ireland for Europe - Dublin West | Yes | De-registered |
| Ireland for Europe - Dun Laoghaire | Yes | De-registered |
| Ireland for Europe - Farmers | Yes | De-registered |
| Ireland for Europe - Fingal | Yes | De-registered |
| Ireland for Europe - Galway | No (but received on 14 June 2010) | De-registered |
| Ireland for Europe - Kildare | Yes | De-registered |
| Ireland for Europe - Limerick | Yes | De-registered |
| Ireland for Europe - Louth | Yes | De-registered |
| Ireland for Europe - Meath | Yes | De-registered |
| Ireland for Europe - Midlands | Yes | Registered |
| Ireland for Europe - Sligo | Yes | De-registered |
| New Third Parties | Statutory Documentation received by 31 March 2010 | Status at 31 December 2009 |
| Ireland for Europe - Tipperary | Yes | De-registered |
| Ireland for Europe - Wicklow | Yes | De-registered |
| Ireland for Europe - Seniors | Yes | De-registered |
| Ireland for Europe and The Treaty | Yes | Registered |
| Ireland in Europe | Yes | De-registered |
| Irish Society for Christian Civilisation | Yes | Registered |
| Irish Vote Yes Limited | No | Did not reply to correspondence (company was struck off) |
| Kerry No To Lisbon | No (but received by 14 May 2010) | De-registered |
| Lisbon Treaty Information Services | No (but received by 14 May 2010) | De-registered |
| Mayo No 2 Lisbon | No (but received by 14 May 2010) | De-registered |
| No 2 Lisbon 2 Campaign | No (but received by 14 May 2010) | De-registered |
| Peoples Movement | No (but received by 14 May 2010) | Registered |
| The Charter Group | No (but received by 14 May 2010) | Registered |
| The Liberal Society | Yes | Registered |
| We Belong Ltd | No (but received by 14 May 2010) | Registered |
| Women for Europe | No (but received by 14 May 2010) | Registered |
Two third parties, European Youth for Ireland and Ireland for Europe - Galway, were referred to the DPP on 19 May 2010 for failure to submit the required documentation in respect of 2009, by the statutory deadline of 31 March 2010, in accordance with section 25(1)(c) of the Electoral Act 1997, as amended. The Responsible Person for European Youth for Ireland, Mr Patrick Carroll, subsequently furnished the documentation on 19 July 2010. Mr Paul Mee, the Responsible Person for Ireland for Europe - Galway, furnished the documentation on 14 June 2010. The Standards Commission advised the DPP of the receipt of the documentation.
The Electoral Acts and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 (Party Leaders Allowance Act) provide for the Exchequer funding of qualified political parties. Political parties received a total of €13,480,749 in state funding for 2010. The money was paid to the parties under the Electoral Acts and under the Party Leaders Allowance legislation.
Five parties (Fianna Fáil, Fine Gael, Labour, Sinn Féin and the Green Party) received funding of €5,438,385 under the Electoral Acts and those five parties also received €8,042,364 under the Party Leader’s Allowance legislation. The funding is not subject to income tax and may not be used for electoral or referendum purposes. The level of funding is linked to pay increases in the civil service; however, the legislation which governs the funding is silent on pay decreases. Qualified political parties must furnish to the Standards Commission Statements of Expenditure of the funding received.
Non-party members of Dáil and Seanad Éireann also receive funding under the Party Leaders Allowance legislation. The amount payable to each non-party member elected to Dáil Éireann during 2010 was €41,152 and the amount payable to each non-party member elected or nominated to Seanad Éireann during the same period was €23,383. The total paid to non-party members was €304,905. Non-party members are not required, however, to provide a Statement of Expenditure of the allowance to the Standards Commission, or to any other authority.
Reports on the exchequer funding received in 2010 by political parties under both pieces of legislation are available on the Standards Commission’s website.