Seanad debates
Wednesday, 15 February 2012
Electoral (Amendment)(Political Funding) Bill 2011: Committee Stage
An outright ban on corporate donations raises particular questions with reference to the provisions of Article 40 of the Constitution relating to freedom of expression and freedom of association. Even if it was feasible in the context of the Constitution to ban corporate donations, one would then have to get over the hurdles in regard to the European Convention on Human Rights and the Treaty on the Functioning of the European Union. We must have regard to the compatibility of an outright ban on corporate donations with those legal and constitutional commitments. As I said earlier, these are issues that can be rightly addressed by the constitutional convention where, if it is a proposal that ultimately comes through that convention that a constitutional amendment can be proposed and brought forward, it can be considered at that stage. However, in terms of the practical, legal advice I have received in regard to dealing with matters under the European Convention on Human Rights, the Treaty on the Functioning of the European Union and Article 40 of the Constitution in regard to freedom of expression and freedom of association, I am legally advised it is not appropriate or possible to do it in this legislation. The measures in the Bill will restrict corporate donations substantially, having regard to compatibility with the Constitution and our commitments to international and European law.
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