Phil Hogan (Carlow-Kilkenny, Fine Gael)

Amendments Nos. 7, 12, 13, 18, 21, 22, 26, and 31 to 33, inclusive, which affect sections 8, 10, 16, 23 and 25, relate to donations given through an intermediary.

These 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 stated that under the Electoral Act 1997:

... indirect contributions are permitted if the recipient knows the name and address of the person on whose behalf the donation is made. It is not however an offence to fail to inform the recipient of that 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 makes it an offence not to provide the name of an indirect donor. In doing so, it will have the effect of prohibiting anonymous indirect donation and will respond to the relevant Mahon tribunal recommendation.

Amendment No. 7 will require that where a donation is made by an intermediary on behalf of another person, the name, description and postal address of the source of the donation must be given. This provision will apply to a Member of either House of the Oireachtas, a representative in the European Parliament, a candidate at a Dáil, Seanad or European election, a political party, a third party or an accounting unit of a political party. The related offences and penalties provisions are set out in amendments Nos. 12 and 13. Deliberately furnishing false or misleading information will be an indictable offence. Where a person is guilty of an offence he or she shall be liable on summary conviction to a fine not exceeding €1,269 or on conviction on indictment to a fine not exceeding €25,394, or a term of imprisonment not exceeding three years, or both.

Amendments Nos. 18, 21 and 22 apply equivalent requirements, offences and penalty provisions at a presidential election. Amendments Nos. 26 and 31 to 33, inclusive, will apply the same provisions to a candidate at a local election, a member of a local authority, a political party at a local election and a third party at a local election.

Section 24 of the Electoral Act 1997 already provides that a donation statement submitted by a political party, a Member of either House of the Oireachtas, a representative in the European Parliament or third party or a candidate at a Dáil, Seanad or European election shall include the name, description and postal address of the person by or on whose behalf the donation was made. There are other equivalent requirements at presidential and local elections. The amendments will tighten up these provisions.

There was an anomaly in the legislation which was highlighted in the Mahon tribunal's recommendations. If an indirect donation were given and the intermediary or go-between did not say who the source of the money was, it would not have been an offence under the legislation as originally drafted. With these amendments, it will be. If false or misleading information is provided in an attempt to mask the identity of the real donor, this will be an indictable offence.