Rónán Mullen (Independent)

We are being asked to accept that it would not be repugnant to the Constitution to restrict corporate donations to, say, 1 cent, €1 or €10 but that a complete ban, on the other hand, would somehow be constitutionally repugnant. No case law has been cited. We all know that Governments are very good at claiming to have legal advice to back up their position. Notwithstanding Senator Bacik's very valid point regarding the Quinn's Supermarket case - it may well be true that corporate entities have rights under those Articles of the Constitution - my point is that it is stretching credibility to say that one may restrict corporate donations to an unlimited degree and not fall foul of the Constitution but it is not possible to go the whole hog and restrict them completely.

My amendments sought not to restrict such donations completely but effectively to legislate them out of existence. However, my fundamental point remains, that in the absence of any jurisprudence being cited or any legal advice being shown to us, the appropriate course is for the Minister to indicate his policy preference. If it is his preference to ban such donations, we should legislate for that and see what the President and the Supreme Court do should a reference be made under Article 26.