Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I thank Senator Warfield. I must apologise for the Minister, Deputy Eoghan Murphy, who is unable to attend but he has asked me to respond on his behalf.

Senator Warfield is familiar with the 1997 Electoral Act, which provides the framework for dealing with political donations and sets out a wide range of related matters on the funding of political parties; the reimbursement of election expenses; the establishment of election expenditure limits; the disclosure of election expenditure; the setting of limits on permissible donations; the prohibition of certain donations; the disclosure of donations; and the registration of third parties who accept donations given for political purposes which exceed €100.

The Act also provides for the independent supervision of the donations regime by the Standards in Public Office Commission. In broad terms, where a political donation in excess of €100 is received by an election candidate, an account in a financial institution must be opened in the State. In addition, there are a number of reporting requirements that need to be met in regard to the holding of such an account, for example, financial statements itemising all transactions in the account are required to be produced annually. While SIPO does not disclose the contents of political donations accounts unless ordered to do so by a court, donation statements made by election candidates, Members of the Oireachtas, Members of the European Parliament or political parties are, on the other hand, made publicly available. A donation statement is required when a political donation exceeding an aggregate of €600 is received from a donor.

Furthermore, under the Act an election candidate, a Member of the Oireachtas, a Member of the European Parliament, a political party or a third party who accepts donations for political purposes may not accept a range of donations, including a donation, of whatever value, from an individual other than an Irish citizen who resides outside the island of Ireland or a donation from a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland from which one or more of its principal activities is directed. Clearly, foreign donations of any amount are prohibited under the Act and where such donations have been made, it is incumbent upon the recipient to either return the donation to the donor or to remit it to SIPO. In addition, the recipients of prohibited donations must comply with a direction given by SIPO in the matter. Failure to do so is an offence under the Act. The Standards in Public Office Commission may make such inquiries as it considers appropriate and may require any person, political party or third party to furnish any such information as it considers appropriate for the purpose of exercising its duties under the Act.

For the avoidance of doubt, the principal purpose of the Act is to provide for openness and transparency with regard to political funding at elections and at referenda. The Act's provisions relate to persons, political parties and third parties who accept donations for political purposes.

The Senator is concerned that under the current law persons or organisations who do not accept political donations do not fall within scope of the Act and are not prohibited from using their resources in support of promoting a particular outcome at an election or a referendum. Legislating to change that would require considerable consideration by the Oireachtas before it would be changed. However, the Senator is raising an issue of systematic operations that may be targeting elections that have nothing to do with any of those contestants in the election. That is an issue we need to consider as an Oireachtas in terms of how it is appropriate that that sort of activity should be regulated but as I said, the Standards in Public Office Commission is empowered to pursue anyone who accepts donations from overseas as they would be breaking the law.