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Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: This is a technical drafting amendment to rectify an incorrect reference in the Bill as published. The reference to the principal Act should have been to the 1997 Act. The intention is to refer to the Electoral Act 1997 and this intention is given effect through the amendment. The substantial revisions in the Bill are not altered as a result.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: I say to Senator Norris that we are living in a democracy.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: The Government was elected by the people. We are not a totalitarian regime.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: The Government is not controlling everything. We have a mandate from the people and we have received votes in the Dáil on the basis of votes received from the people for a particular reform agenda.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: I am elected by all of the people.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: Everyone in Carlow-Kilkenny, not just Trinity graduates.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: Not just graduates.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: There are quite a few amendments, a total of 19, in case Members had not noticed. They all deal with amendments to the key provisions in the Bill relating to the restriction of corporate donations and the registration of corporate donors. Before dealing with the substantive points raised by the amendments, I wish to address briefly the provisions contained in the sections identified for...

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: -----money or support to student societies, which would include a political party, and that it would be in some way suspect.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: Yes, on balance. On the other hand, the Senator had a problem earlier about support from the public purse, so how are we to fund the political system? The Bill to come later in the year, relating to the expenditure side, might help us in this regard. A lot of money is wasted across the board in supporting candidates at election time. We should have a detailed look at the appropriate level...

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: There is a constitutional requirement.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: I referred to three aspects. One is the Treaty on the Functioning of the European Union and another is the Constitution. All of those issues taken together are interrelated in regard to how they affect our Constitution and what we can apply under freedom of expression. We do not look at just one piece of legislation; we must look at all of them in the round, in particular how they affect...

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: Government Ministers do not publish the advice. I assure the Senator that the Attorney General gets external senior counsel advice and legal opinion on matters that are very important, such as these. I am assured that will happen in this case and that there is a robust legal requirement for me to deal with the legislation in this fashion.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: I cannot subscribe to the proposition being put forward by Senator Mullen. I am not going to go through case law in the various countries of the European Union. What I am saying is that my legal advice is that we have a constitutional prohibition at present on an outright ban on corporate donations. If it was otherwise, I would bring in different legislation. I will certainly-----

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: If Senator Mullen wants to test it, that is fine. He is in the business of testing many things.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: As the Cathaoirleach knows, I cannot interfere with the wishes or otherwise of President Michael D. Higgins. Perhaps the Senator might like to have lunch with him and discuss that-----

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: I will do my duty. I am doing my duty. Obviously, that does not always get the agreement of Senator Mullen, who has a particular point of view on this matter. He may not always be right, however.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: The Senator has shown nothing.

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: I agree with the sentiments expressed by Senator Bradford. Significant money is wasted on election campaigns and expenditure should also be examined. I am prepared to do that and I will publish legislation later this year entitled the electoral (amendment) (referendum spending and miscellaneous provisions Bill. It is an unwieldy title but it will do what the Senator wants. That will give...

Seanad: Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage (15 Feb 2012)

Phil Hogan: It was unconstitutional. This has been acknowledged by the party since. The issues raised by the Senator can be included as part of the constitutional convention, which will be announced by the Taoiseach in the next few weeks. People will have an opportunity to make submissions about an outright ban on corporate donations. A balance must be struck between political funding from the public...

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