Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I move amendment No. 8:

In page 15, lines 23 and 24, to delete "whichever section of the Act of 1997 or the Act of 1999" and substitute "section 23A or 23AA of the Act of 1997 or section 19BB of the Act of 1999".

Section 15, which deals with the presumption of corrupt donations, applies particularly to Members of these Houses and to councillors. It provides that an impermissible donation made by a person with a business interest in a matter which is received and not returned will be presumed to be a corrupt donation. It is a very significant provision for Members of the Oireachtas. This amendment proposes to amend section 15(1)(b)(i) so that it mirrors the contents of section 15(1)(a)(ii). We are making provision for circumstances in which someone does not return a donation that is in breach of the enactments identified in section 15(1)(a). I want to identify the specific sections of the enactments in question, rather than merely referring broadly to "the Act of 1997" or "the Act of 1999". I would be interested to hear what the Minister has to say. I have not proposed an amendment to section 15(1)(c), which refers to a donor who "had an interest in the person concerned doing an act in relation to his or her office", but it seems to me that it is rather vague. Obviously, the person concerned would be a Member of the Oireachtas or of a local authority. The term "had an interest" seems very vague. Perhaps the Minister will look at that in advance of Report Stage. I would be interested to hear what he has to say.