Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I thank Senator Ruane for raising this issue. At the outset, I congratulate her on her recent award. It was well achieved and well deserved. I thank the Senator for giving me the opportunity to address Seanad Éireann on this important matter. The Electoral Act 1997, as amended, provides the statutory framework for dealing with political donations and sets out the regulatory regime covering a wide range of issues such as the funding of political parties but also 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 the limit of €100.

The Act also provides for the independent supervision of this regime by the Standards in Public Office Commission, SIPO. It has published a number of guidelines to inform election candidates, Members of the Houses of the Oireachtas, Members of the European Parliament, political parties, corporate donors and third parties of their obligations under the Act. My Department is aware of the issues raised by a number of civil society groups, having particular regard to this definition of "political purposes” as provided for in section 22(2)(aa) of the Act. My Department also notes their views that it may bring a wide range of non-government organisations within the scope of the Act. As Senator Ruane has pointed out, that may in turn affect the means by which they legitimately raise funds to run their normal day-to-day operations. I am also aware that SIPO has raised this issue in its annual reports over the years and, in its most recent annual report, it has recommended that an “electoral commission should be established, and a comprehensive review of the Electoral Acts should take place, preferably in the context of the creation of an electoral commission”.

It is envisaged that the establishment of such an electoral commission would bring significant change to the oversight of the electoral system in the State when it is established. Plans to establish an electoral commission are being advanced in my Department. That is being done in accordance with the commitment in A Programme for a Partnership Government and having regard to the recommendations earlier this summer, in the report of the interdepartmental group on the security of Ireland's electoral process and disinformation, that this work should be expedited and that the issue of spending limits and transparency requirements around referendums and electoral events should be examined further.

In this context, I hope to announce shortly, with the Minister of State, Deputy Phelan, a public consultation on establishing an electoral commission. Submissions received over the course of the proposed consultative process will be carefully analysed and will inform the development of future proposals to Government on this matter. There will likely be a wide range of views, from all perspectives, on the appropriateness or otherwise of the definition of "political purposes" in the Electoral Acts, a definition that has been in place since 1997. My Department will be pleased to consider any submissions or views that interested parties may wish to make on the important issue raised by Senator Ruane.