Phil Hogan (Carlow-Kilkenny, Fine Gael)

The ten amendments all relate to the introduction of new restrictions on indirect donations or "donations given through intermediaries", as they are described. The amendments respond to the Mahon tribunal recommendation that indirect donations be prohibited. In making its recommendation, the tribunal commented that, under the Electoral Act 1997:

... indirect contributions are permitted if the recipient knows the name of and the address of the person on whose behalf the donation is made. It is not, however, an offence to fail to inform the recipient of the person's true name and address.

These amendments will require that where an indirect donation is given, the identity of the person on whose behalf the donation is made must also be provided to the recipient.

It will be an offence to fail to provide this information and the intermediary making the indirect donation can be prosecuted. The amendments will introduce a mechanism that will make it an offence not to provide the name of an indirect donor. In doing so, it will have the effect of prohibiting anonymous indirect donations and will respond to the relevant Mahon tribunal recommendation.

Amendments Nos. 17 and 42 submitted by Deputy Brian Stanley on behalf of Sinn Féin are being discussed with this group. Each seeks to amend the same sections of the Bill as Government amendments Nos. 18 and 41, albeit for a different purpose. We have dealt with five related amendments from Sinn Féin on the corporate donations provision included in the Bill and the purpose of these combined amendments, including the amendments being dealt with, is to ban corporate donations. As I said, that is not constitutionally possible. The Government has set out its approach to this matter which is legally sound. Therefore, I oppose amendments Nos. 17 and 42.

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