Dáil debates

Wednesday, 11 May 2011

Electoral (Amendment) (Political Donations) Bill 2011: Second Stage (resumed)

 

8:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)

In concluding the contributions from the Government side, I restate the view that this Fianna Fáil Private Members' Bill includes some very worthwhile proposals. Some of the measures in it are included in the programme for Government and they will be implemented. However, the Bill is too narrow in scope and it lacks ambition. It contains a number of technical flaws that make it unworkable. The Government will not support the Bill but will publish draft legislation in the coming weeks which will reform political funding in a more comprehensive and joined-up manner.

It is striking to hear in the contributions to the debate the relative unanimity among Members on all sides that the regulation of political donations needs to be significantly changed. Most Deputies have referred to the Moriarty tribunal recommendations while many speakers, including Deputy Micheál Martin of Fianna Fáil and Deputy Jonathan O'Brien of Sinn Féin, have drawn upon recommendations made by independent bodies, including the Standards in Public Office Commission, the Council of Europe group of states against corruption, known as GRECO, and Transparency International. It is clear from the extensive and detailed range of recommendations made by these independent bodies and by others that there is no shortage of analysis on the shortcomings in Ireland's arrangements for the funding of politics. The one aspect that has been lacking up to now has been a willingness to act.

This failure to act is one reason I am baffled by the apparent urgency the party opposite now attaches to this issue. In a generous interpretation it could be regarded as the zeal of the convert. There was ample opportunity in the past to implement the necessary reform measures but this was not taken. The programme for Government published by the previous Administration in the summer of 2007, committed to addressing the issue of corporate donations to political parties. If Fianna Fáil had acted then, this could be a different debate now and the mood of widespread public cynicism and mistrust which, unfortunately, accompanies this issue might not be as bad. Having come through a recent general election campaign, we are all aware of what is now expected of us. We need a system of political funding that inspires public confidence and which needs to be more transparent. Thankfully, we now have a Government which will act on those wishes and views of the public.

In responding to this debate on behalf of the Government, I also note concerns raised by some speakers, especially Deputy Ó Cuív, regarding spending by organisations during referendum campaigns. The Government agrees that change is needed in the regulation of spending and donations at referenda. The provision in the Fianna Fáil Bill, however, amounting to a relatively minor amendment in the definition of what constitutes a third party at a referendum, would appear to be wholly insufficient to achieve anything of substance.

I also note the contributions of Deputy Niall Collins, Deputy Thomas Pringle and others who have spoken. While the Government does not support the Fianna Fáil Bill, this side of the House looks forward to the continued input of Members in the implementation of the programme for Government. We are confident in our ability to bring about change, but we also know that we do not have a monopoly on wisdom or good ideas. However, the Government intends to overhaul radically how Irish politics and government work. The electoral (amendment) Bill is being drafted for implementation during the current Dáil session. As the Government legislation programme states, this Bill will amend the terms of reference of a constituency commission in a way that will provide for a report on Dáil constituencies to be made on the basis of a reduced number of Deputies in Dáil Éireann. The Bill will also reduce the spending limits for presidential elections and legislate for every Dáil by-election to be held within six months of the vacancy arising. Separately, the electoral (amendment) (political funding) Bill 2011, which is to be published during the current Dáil session, will amend the Electoral Acts and implement the political funding commitments set out in the programme for Government. The electoral commission Bill, which will be enacted during the lifetime of this Dáil, is also on the Government legislative programme.

The Fianna Fáil legislation that is before the House is a relevant input into the national debate on the role of politics and on how politics should be supported and funded. However, the Bill lacks conviction, is weak on detail and, in some respects, cannot be seen as credible. It appears to address some of the recommendations in the report of the Moriarty tribunal, albeit in a relatively piecemeal way and with a paucity of joined-up thinking. Provisions similar to those contained in the programme for Government have been included in the Fianna Fáil Bill. I refer particularly to those reducing donation limits and the threshold for their declaration. The provisions dealing with third party involvement in referendum campaigns are relatively limited and, in their present form, are unlikely to have a significant positive effect.

The principal measure in the Bill - that restricting corporate donations - does not appear to have been fully thought through. The loopholes in it would allow a number of corporate-type bodies to continue to make political donations. The Government has a different way of doing things. We believe our way is far more comprehensive and considered. We are offering a joined-up approach to reform. We aim to address how our political institutions work. In many cases, they do not work to their full potential. We will reform political funding, election spending and electoral administration. Our legislation will match the expectations of the Irish people for action with legislation and policy measures that will work. Accordingly, on behalf of the Government, I oppose this Bill.

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