Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I move amendment No. 78:

In page 123, between lines 13 and 14, to insert the following: “(2) Where a conviction under subsection (1) relates to a further offence under section 135(4), the person convicted shall be liable to a further penalty of €100 for each day or part of a day on which that further offence is committed.”.

This amendment provides for the insertion of a new section 137(2) into the offences provisions of the Bill, to provide for a daily fine of €100 for each day a person is late in complying with a request for written information required under written notice made by the electoral commission under section 135(1). Section 135 provides explicit powers to the electoral commission to obtain information from online platforms and buyers of online political advertisement relating to online political advertisements purchased for placement, display, promotion or dissemination during electoral periods.

Where a person does not comply with a requirement under section 135 and is found to be guilty of an offence under section 137(1), the provisions of section 137(2) shall apply in addition to any penalty applied under section 137(1). It should be noted that section 137(1)(b) provides that on conviction or indictment, the guilty person shall be liable to a fine, a prison term not exceeding five years or both. The current provision does not state the amount of the fine. That is a matter for the courts. What I am providing for in this amendment is an additional daily fine if the offence continues.