Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

Sinn Féin fully supports the entire group of Government amendments, although I have some questions for the benefit of clarity with respect to amendment No. 90.

The purpose of the amendments is to ensure full transparency and accountability, particularly with regard to money spent in the State for electoral purposes. We are in a unique position on this island because there are two jurisdictions with two different sets of electoral law and laws governing political donations, and a number of parties operate on an all-island basis, including that of the Minister of State, Sinn Féin, People Before Profit and the Socialist Party. This session, therefore, is a valuable opportunity to provide the maximum level of clarity in order that everyone will understand the implications of what we are agreeing to, and I reiterate I strongly support the Minister of State's amendments.

I am interested in the changes to section 22 of the Electoral Act 1997 given we will be adding subsidiary organisations operating outside the State to the scope of that section, which will have implications for donations made to subsidiaries operating outside the State, whether that is Sinn Féin or a branch of the Green Party in Belfast, or People Before Profit or the Socialist Party. Specifically with respect to the changes being made to section 22(2)(c)(i) of the 1997 Act, will the Minister of State be as explicit as possible with regard to the new status of requirements for political parties with respect to donations made to subsidiaries outside the State?

The separate question Deputy Nash raises is an important one and, again, full transparency is required. In consideration of any such changes, we also need to be clear we will not create additional anomalies. His amendment, if I understand it, seems to suggest that where a donation to a party organised on an all-island basis is accepted in the North, the rules of electoral donations that operate for that party in the South should apply both North and South. That would mean, however, that we would be extending the reach of the political donations legislation from the South to the North. I have no problem with that, given the sooner we have standard and harmonised rules North and South, the better for me, as the committee knows.

Nevertheless, it would create an anomaly in the North, if it were even legally possible, because all of a sudden, for political parties such as those I mentioned, the southern standards would have to be applied in the North, as opposed to the standards that would apply for the Ulster Unionist Party, the Democratic Unionist Party, the Social Democratic and Labour Party, SDLP, and Fianna Fáil. All of a sudden, there would be a two-tiered system in the North whereby the southern rules would apply to parties that are all-Ireland in nature and the Westminster rules would apply to those parties operating only in the North. I am not sure whether southern law could be extended to the North in that way, but that is a separate issue.

In any event, would we want to create an anomaly whereby the SDLP could accept larger donations but Sinn Féin, the Green Party, People Before Profit and the Socialist Party would be in a different situation? I think that is an equally important part of the consideration. I am not averse to the conversation at all but we need to be clear about the ramifications. What could not be the case, and I know Deputy Nash would not accept this in the South, is that one group of parties could accept larger donations than others. That makes no sense, but his amendment would have that effect on the level of donations acceptable in the North.

I acknowledge this is quite technical but will the Minister of State talk us through the ramifications that changes to section 22, especially for parties such as his and ours that are all-Ireland in nature? He might also respond to my query in regard to Deputy Nash's amendment or, if he prefers, we can discuss that on Report Stage.