Seanad debates

Wednesday, 4 July 2007

Ethics In Public Office (Amendment) Bill 2007: Committee and Remaining Stages

 

1:00 am

Margaret Cox (Independent)

As I see it, the challenge is that as the threshold will create a differential level, it may be possible or permissible for somebody who wishes to avoid the legislation to hand me a cheque for €1,999 as a support for personal reasons. By placing it in my personal account I have an additional €2,000 to put against my political fundraising or work such as a leaflet drop or an advertisement in a newspaper. The people who will do so are those who want to avoid the legislation. As I understand it, and I may be incorrect, a definition of "support for personal reasons" is not included. In view of the absence of a definition, and by the nature of the fact one cannot legislate for every personal circumstance, the challenge will be to know whether it is personal or political. Much of the political support we get comes first from our friends. My biggest supporters are my best friends. If I was still in politics they could, if the need arose, give me €2,000 for personal reasons and that could assist me politically. That is a matter for me obviously and I am breaking the law. It is an ethical matter. I fear that by creating two separate levels — €650 for political donations in the Electoral Acts, which we are not amending, and a different level in this Bill — we are allowing that exploitation to take place. This was not the case previously but we are creating the framework that will allow that to happen.

If we look at the recent report and the limit of €5,000 for donations to political parties as aggregate value, my concern is whether no party received an amount exceeding €5,000. They probably did not because that is what the legislation allowed for. That is fine. There is nothing wrong with that. Let us not create an unlevel playing field where under one piece of legislation one can give €650, and above that amount one needs to declare it, and under this legislation one can give, for personal reasons, €2,000 without the need to declare it.

My second point concerns the amount of money one can give to support people. There is no doubt that all of us will go through times of need. If the limit is €650 or €2,000 and somebody gives us €750, €3,000 or €5,000 in a time of need and it is over the threshold, I understand from the legislation that one can go privately and put one's case to the commission and it makes a decision. Therefore, if it is private there is no need for the matter to be taken further. If it fulfils the definition of personal reasons and there is no political element to it there is no need to declare it because it is unlikely to influence one. Whether the limit is €2,000 or €650 will not make a difference because it keeps the playing pitch level. It is neither too much nor too little. If for personal reasons somebody needs to make a declaration in the particular circumstances and if the commission agrees with the particular point of view, it is never declared and nobody knows anything about it. Given that it is private and, hopefully, will not happen too often for most people, it is not too onerous on the commission to deal with amounts of money exceeding €650.

Comments

No comments

Log in or join to post a public comment.