Seanad debates

Wednesday, 15 February 2012

Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage

 

2:00 pm

Photo of Fiach MacConghailFiach MacConghail (Independent)

I move amendment No. 14:

In page 12, before section 9, to insert the following new section:

9.—Full disclosure on all donations must be declared to the Standards in Public Office Commission.".

This is the nub of an important section of the Bill that relates to full disclosure. The amendment seeks to provide that full disclosure of all donations be made to the Standards in Public Office Commission. The Minister should indicate the reason the key recommendation made in the Moriarty report concerning maximum disclosure was not taken on board. The Bill fails to take on board the detailed recommendation made in the final report of the tribunal of inquiry known as the Moriarty tribunal which focused on maximum disclosure of all income of political parties, including commercial earnings, gifted income and all donations, including, where necessary, loans. This is an effort to address one of the fundamental areas in which the current legislation falls down. Strict and comprehensive disclosure requirements are necessary to make the origins of political finance more transparent. Disclosure helps to prevent inappropriate influence and favouritism which can be linked with political donations and dilutes the perception of corruption linked with political finance. Full disclosure by political parties of their funding sources is a widely recognised precaution against improper patronage or influence exerted by wealthy donors. Disclosure allows citizens to be aware of the origins of donations in order that they have the opportunity to analyse the motivations for the donations. Comprehensive and reliable disclosure of income by political parties and individual candidates is a fundamental element of a regulatory framework aimed at increasing the transparency and openness of political financing.

The Moriarty tribunal report contains many other recommendations and the concern of the Independent Senators which we also mention in respect of elections is to ensure there would be a mechanism by which immediate disclosure could occur in a way that informed citizens. We are not against private donations and at this stage must accept there will be some limited corporate donations and that will be encouraged. However, as the Moriarty tribunal report provides the backbone for some of the Bill, one should encourage such donations to be disclosed immediately to allow for a greater sense of transparency, after which there would be no ambiguity in this regard.

A further recommendation made in the Moriarty tribunal report was that the Standards in Public Office Commission should have greater support. Certainly, on Second Stage the Minister mentioned that the report by the Council of Europe Group of States Against Corruption, GRECO, had made recommendations that we consider providing the Standards in Public Office Commission with greater investigative and sanctioning powers, as well as for increased sanctions for breaches of the rule. Certainly, the Minister should indicate the reason the Bill does not opt for full and immediate disclosure of donations. In addition, he should consider how, particularly during general elections, donations might be disclosed immediately.

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