Electoral (Amendment) (Political Funding) Act 2012
What is this act about?
This law, the Electoral (Amendment) (Political Funding) Act 2012, aims to regulate political funding by establishing a register for corporate donors, reducing donation limits, and requiring political parties to disclose their accounts.
Who it applies to: Members of the Oireachtas and the European Parliament, and candidates in Dáil, Seanad, or European elections; Political parties, third parties, and accounting units.
At a glance
- Country
- Ireland
- Area of law
- Commercial and corporate law
- Articles
- 44
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The registration of corporate donors.
- Limits on the value of donations that can be accepted by political figures and parties.
- The disclosure of accounts by political parties.
- State funding of political parties and gender balance.
Who does this act apply to?
- Members of the Oireachtas and the European Parliament, and candidates in Dáil, Seanad, or European elections.
- Political parties, third parties, and accounting units.
- Corporate donors and intermediaries involved in donations.
What are the key points?
- A register of corporate donors is established.
- Donation limits from a particular person in a particular year are €1,000 for individual politicians/candidates and €2,500 for political parties, third parties, or accounting units.
- Cash donations exceeding €200 are not allowed.
- Political parties must disclose their accounts.
Commercial and corporate law
Legal text
Legal text
Contents (44)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
Electoral (Amendment) (Political Funding) Act 2012 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2012 Electoral (Amendment) (Political Funding) Act 2012 Electoral (Amendment) (Political Funding) Act 2012 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 36 of 2012 ELECTORAL (AMENDMENT) (POLITICAL FUNDING) ACT 2012 ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General Section
Section 1
Section 2
PART 2
Amendment of Electoral Act 1992
Section 3
Section 4
PART 3
Amendment of Electoral Act 1997
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
PART 4
Amendment of the Local Elections (Disclosure of Donations and Expenditure) Act 1999
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
PART 5
Political Parties — Disclosure of Accounts
Section 40
Section 41
PART 6
State Funding of Political Parties and Gender Balance
Section 42
Section 43
Section 44
Acts Referred to Companies Acts Electoral (Amendment) Act 1998 1998, No. 4 Electoral (Amendment) Act 2001 2001, No. 38 Electoral (Amendment) Act 2002 2002, No. 4 Electoral (Amendment) Act 2007 2007, No. 14 Electoral (Amendment) Act 2011 2011, No. 14 Electoral (Amendment) (No. 2) Act 2009 2009, No. 9 Electoral Act 1992 1992, No. 23 Electoral Act 1997 1997, No. 25 Electoral Acts 1992 to 2011 Friendly Societies Acts 1896 to 1977 Industrial and Provident Societies Acts 1893 to 1978 Local Elections (Disclosure of Donations and Expenditure) Act 1999 1999, No. 7 Local Elections Acts 1974 to 2009 Qualifications (Education and Training) Act 1999 1999, No. 26 Number 36 of 2012 ELECTORAL (AMENDMENT) (POLITICAL FUNDING) ACT 2012 AN ACT TO ESTABLISH A REGISTER OF CORPORATE DONORS; TO PROVIDE FOR REDUCTIONS IN DONATION AND DONATION DECLARATION LIMITS; TO PROVIDE FOR DISCLOSURE OF ACCOUNTS BY POLITICAL PARTIES; TO AMEND THE LAW RELATING TO STATE FUNDING OF POLITICAL PARTIES; FOR THESE AND OTHER PURPOSES TO AMEND THE ELECTORAL ACT 1992, THE ELECTORAL ACT 1997 AND THE LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999; AND TO PROVIDE FOR RELATED MATTERS. [28th July, 2012] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
Preliminary and General Short title, collective citations, construction and commencement.
1.— (1) This Act may be cited as the Electoral (Amendment) (Political Funding) Act 2012.
Definitions.
2.— In this Act— “Act of 1992” means the Electoral Act 1992 ; “Act of 1997” means the Electoral Act 1997 ; “Act of 1998” means the Electoral (Amendment) Act 1998 ; “Act of 1999” means the Local Elections (Disclosure of Donations and Expenditure) Act 1999 ; “Act of 2001” means the Electoral (Amendment) Act 2001 ; “Act of 2011” means the Electoral (Amendment) Act 2011 .
PART 2
Amendment of Electoral Act 1992 Amendment of section 25 of Act of 1992.
3.— Section 25 (amended by section 11 of the Act of 2001) of the Act of 1992 is amended— (a) in subsection (7)— (i) by substituting the following paragraphs for paragraphs (f) and (g): “(f) where the party is registered as organised to contest elections in a specified part of the State, a reference to that fact and to the part of the State concerned, (g) the name of any political group in accordance with subsection (8), and”, and (ii) by inserting the following new paragraph after paragraph (g): “(h) the name and address of each accounting unit of the political party and the name and address of the responsible person or persons of the accounting unit.”, and (b) by inserting the following new subsection after subsection (9): “(10) In this section and section 25A ‘accounting unit’ and ‘responsible person’ have the same meaning as they have in section 22 of the Electoral Act 1997 .”.
Amendment of section 25A of Act of 1992.
4.— Section 25A (inserted by section 11 of the Act of 2001) of the Act of 1992 is amended by inserting the following new subsection after subsection (4): “(4A) (a) when replying to an inquiry under subsection (4) the officer of the party shall provide the Registrar with the name and address of each accounting unit of the political party and the name and address of the responsible person or persons of the accounting unit, including any changes that have occurred during the period from when the particulars were last provided to the Registrar, (b) the Registrar shall enter the particulars provided under paragraph (a) in the Register.”.
PART 3
Amendment of Electoral Act 1997 Amendment of section 2 of Act of 1997.
5.— Section 2 of the Act of 1997 is amended by inserting the following definitions in subsection (1): “ ‘Act of 1999’ means the Local Elections (Disclosure of Donations and Expenditure) Act 1999 ; ‘register of corporate donors’ means the register established under section 23D (inserted by section 14 of the Electoral (Amendment) (Political Funding) Act 2012);”.
Amendment of section 3 of Act of 1997.
6.— Section 3 (amended by section 7(a) of the Act of 2011) of the Act of 1997 is amended in subsection (1) by— (a) inserting “23AA,” after “23A,”, (b) inserting “23D,” after “23B,”, and (c) inserting “48AA,” after “48A,”.
Amendment of section 22 of Act of 1997.
7.— Section 22(2) of the Act of 1997 is amended— (a) in paragraph (a) (amended by section 4 of the Electoral (Amendment) Act 2002 )— (i) in subparagraph (vi) by substituting “from the event,” for “from the event, or”, (ii) in subparagraph (vii) by substituting “the latter purpose, or” for “the latter purpose;”, and (iii) by inserting the following subparagraph after subparagraph (vii): “(viii) a payment by the person on their own behalf, or on behalf of one or more than one other person, of a fee or subscription for membership or continued membership of a political party;”, and (b) in paragraph (aa) (inserted by section 49(b)(ii) of the Act of 2001) by— (i) substituting “€100” for “£100” in the definition of “accounting unit”, (ii) substituting “€100” for “£100” in the definition of “third party”, and (iii) inserting the following definitions: “ ‘company’ means a company established under the Companies Acts; ‘corporate donor’ means— (i) a body corporate, (ii) an unincorporated body of persons, or (iii) a trust, which makes a donation, and for the purpose of this definition a body corporate and any subsidiary thereof shall be deemed to be one person;”.
Amendment of section 23 of Act of 1997.
8.— Section 23 (amended by section 49(c) of the Act of 2001) of the Act of 1997 is amended in subsection (1) by substituting “€100” for “£100”.
Amendment of section 23A of Act of 1997.
9.— Section 23A (inserted by section 49(d) of the Act of 2001) of the Act of 1997 is amended by substituting the following subsection for subsection (1): “(1) Without prejudice to subsection (2), none of the following persons, namely— (a) a member of either House of the Oireachtas, (b) a member of the European Parliament, (c) a candidate at a Dáil, Seanad or European election, (d) a political party, (e) a third party, or (f) an accounting unit, shall, directly or through any intermediary, accept from a particular person in a particular year— (i) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (a), (b), or (c), €1,000, (ii) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (d), (e), or (f), €2,500, or (iii) a donation of cash of an amount which exceeds €200.”.
Limits on donations from corporate donors.
10.— The Act of 1997 is amended by inserting the following section after section 23A (inserted by section 49(d) of the Act of 2001): “23AA.— (1) None of the following persons namely— (a) a member of either House of the Oireachtas, (b) a member of the European Parliament, (c) a candidate at a Dáil, Seanad or European election, (d) a political party, (e) a third party, or (f) an accounting unit, shall, directly or through any intermediary, accept from a particular corporate donor in a particular year a donation the value of which exceeds €200 unless— (i) the corporate donor is registered on the register of corporate donors, and (ii) a statement is made on behalf of the corporate donor and furnished with the donation to the donee confirming that the making of the donation was approved by the corporate donor.
Donations by intermediaries.
11.— The Act of 1997 is amended by inserting the following new section after section 23AA (inserted by section 10 of the Electoral (Amendment) (Political Funding) Act 2012): “23AB.— A person who makes a donation on behalf of another person shall notify in writing— (a) the member of either House of the Oireachtas, (b) the member of the European Parliament, (c) the candidate at a Dáil, Seanad or European election, (d) the political party, (e) the third party, or (f) the accounting unit, to whom the donation is made— (i) that the donation is made on behalf of a person other than the person making the donation, and (ii) the name, description and postal address of the person on whose behalf the donation is made.”.
Amendment of section 23B of Act of 1997.
12.— Section 23B (inserted by section 49(d) of the Act of 2001) of the Act of 1997 is amended in subsection (1) by substituting “€100” for “£100”.
Amendment of section 23C of Act of 1997.
13.— Section 23C (inserted by section 49(d) of the Act of 2001) of the Act of 1997 is amended by substituting “€100” for “£100”.
Registration of corporate donors.
14.— The Act of 1997 is amended by inserting the following section after section 23C (inserted by section 49(d) of the Act of 2001): “23D.— (1) The Standards in Public Office Commission shall establish and maintain, in such form as it considers appropriate (including electronic form) a register of corporate donors (in this section referred to as the ‘register’).
Amendment of section 24 of Act of 1997.
15.— Section 24 of the Act of 1997 is amended— (a) in paragraph (a) of subsection (1)— (i) by substituting the following subparagraphs for subparagraphs (i) and (ii): “(i) the value of the donation, (ii) the name, description and postal address of the person by or on whose behalf the donation was made,”, and (ii) by inserting the following subparagraphs after subparagraph (ii): “(iii) the date on which the donation was received, (iv) whether the donation was requested from the donor, and if so, the name and postal address of the person who requested the donation, and (v) whether a receipt issued to the donor in respect of the donation, and if so, the date on which the receipt issued and the name of the person who issued the receipt.”, (b) in paragraph (a) of subsection (1A) (inserted by section 50(g) of the Act of 2001) by substituting “€1,500” for “£4,000”, (c) in subsection (2)— (i) in paragraph (a) by substituting “(i) to (v)” for “(i) and (ii)”, and (ii) in paragraph (b) by substituting “(i) to (v)” for “(i) and (ii)”, and (d) in subsection (4)— (i) by substituting “€1,500” for “£4,000”, and (ii) by substituting “€600” for “£500”.
Amendment of section 25 of Act of 1997.
16.— Section 25 of the Act of 1997 is amended— (a) in subsection (1)— (i) in paragraph (a) by substituting “section 23, 23A or 23AA” for “section 23 or 23A”, and (ii) in paragraph (b)— (I) by substituting “said section 23, 23A or 23AA” for “said section 23 or 23A”, and (II) by substituting “under section 23A or 23AA” for “under section 23A”, (b) by inserting the following subsections after subsection (1B) (inserted by section 8 of the Act of 1998): “(1C) A person shall be guilty of an offence if he or she knowingly furnishes a statement referred to in section 23AA(1)(ii) (inserted by section 10 of the Electoral (Amendment) (Political Funding) Act 2012) which is false or misleading in any material respect. (1D) A person shall be guilty of an offence if he or she knowingly furnishes information to the Standards in Public Office Commission under section 23D (inserted by section 14 of the Electoral (Amendment) (Political Funding) Act 2012) which is false or misleading in any material respect. (1E) A person shall be guilty of an offence if he or she— (a) contravenes section 23AB (inserted by section 11 of the Electoral (Amendment) (Political Funding) Act 2012), or (b) knowingly furnishes information under section 23AB which is false or misleading in any material respect.”. (c) in subsection (2)(b) by substituting “subsection (1)(d), (1A)(b), (1C), (1D), or (1E)(b)” for “subsection (1)(d) or (1A)(b)”, and (d) in subsection (2A) (inserted by section 4(c) of the Electoral (Amendment) Act 2002 ) by substituting “section 23, 23A or 23AA” for “section 23 or 23A”.
Amendment of section 26 of Act of 1997.
17.— Section 26 of the Act of 1997 is amended in subsection (1) by substituting “€200” for “£4,000”.
Amendment of section 46 of Act of 1997.
18.— Section 46(2) of the Act of 1997 is amended in paragraph (aa) (inserted by section 49(f) of the Act of 2001) by— (a) substituting “€100” for “£100” in the definition of “third party”, and (b) inserting the following definitions: “ ‘company’ means a company established under the Companies Acts; ‘corporate donor’ means— (a) a body corporate, (b) an unincorporated body of persons, or (c) a trust, which makes a donation, and for the purposes of this definition a body corporate and any subsidiary thereof shall be deemed to be one person;”.
Amendment of section 47 of Act of 1997.
19.— Section 47 (amended by section 49(g) of the Act of 2001) of the Act of 1997 is amended in subsection (1) by substituting “€100” for “£100”.
Amendment of section 48 of Act of 1997.
20.— Section 48 of the Act of 1997 is amended in subsection (1)— (a) by substituting “€600” for “£500”, (b) by substituting the following paragraphs for paragraphs (a) and (b): “(a) the value of the donation, (b) the name, description and postal address of the person by or on whose behalf the donation was made,”, and (c) by inserting the following paragraphs after paragraph (b): “(c) the date on which the donation was received, (d) whether the donation was requested from the donor, and if so, the name and postal address of the person who requested the donation, and (e) whether a receipt issued to the donor in respect of the donation, and if so, the date on which the receipt issued and the name of the person who issued the receipt.”.
Amendment of section 48A of Act of 1997.
21.— Section 48A (inserted by section 49(h) of the Act of 2001) of the Act of 1997 is amended by substituting the following subsection for subsection (1): “(1) Without prejudice to subsection (2), none of the following persons, namely— (a) a candidate, (b) a presidential election agent, or (c) a third party at a presidential election, shall directly or through any intermediary, accept from a particular person in a particular year— (i) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (a) or (b), €1,000, (ii) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (c), €2,500, or (iii) a donation of cash of an amount which exceeds €200.”.
Limits on donations from corporate donors in relation to presidential elections.
22.— The Act of 1997 is amended by inserting the following section after section 48A (inserted by section 49(h) of the Act of 2001): “48AA.— (1) None of the following persons namely— (a) a candidate, (b) a presidential election agent, or (c) a third party at a presidential election, shall, directly or through any intermediary, accept from a particular corporate donor in a particular year a donation the value of which exceeds €200 unless— (i) the corporate donor is registered on the register of corporate donors, and (ii) a statement is made on behalf of the corporate donor and furnished with the donation to the donee confirming that the making of the donation was approved by the corporate donor.
Donations by intermediaries at presidential election.
23.— The Act of 1997 is amended by inserting the following new section after section 48AA (inserted by section 22 of the Electoral (Amendment)(Political Funding) Act 2012): “48AB.— A person who makes a donation on behalf of another person shall notify in writing— (a) the candidate, (b) the presidential election agent, or (c) the third party at a presidential election, to whom the donation is made— (i) that the donation is made on behalf of a person other than the person making the donation, and (ii) the name, description and postal address of the person on whose behalf the donation is made.”.
Amendment of section 48B of Act of 1997.
24.— Section 48B (inserted by section 49(h) of the Act of 2001) of the Act of 1997 is amended in subsection (1) by substituting “€100” for “£100”.
Amendment of section 48C of Act of 1997.
25.— Section 48C (inserted by section 49(h) of the Act of 2001) of the Act of 1997 is amended by substituting “€100” for “£100”.
Amendment of section 61 of Act of 1997.
26.— Section 61 of the Act of 1997 is amended— (a) in subsection (2) (amended by section 7(c) of the Act of 2011)— (i) in paragraph (h) by substituting “47, 48A or 48AA” for “47 or 48A”, and (ii) in paragraph (i)— (I) by substituting “with section 47, 48A or 48AA” for “with section 47 or 48A”, and (II) by substituting “under section 48A or 48AA” for “under section 48A”, (b) by inserting the following subsections after subsection (2): “(2A) A person shall be guilty of an offence if he or she knowingly furnishes a statement referred to in section 48AA(1)(ii) (inserted by section 22 of the Electoral (Amendment)(Political Funding) Act 2012) which is false or misleading in any material respect. (2B) A person shall be guilty of an offence if he or she— (a) contravenes section 48AB (inserted by section 23 of the Electoral (Amendment) (Political Funding) Act 2012), or (b) knowingly furnishes information under section 48AB which is false or misleading in any material respect.”. and (c) in subsection (5)(b), by substituting “subsection (2)(d) or (g), subsection (2A), (2B)(b) or subsection (3)(c)” for “subsection 2(d) or (g) or subsection 3(c)”.
Amendment of section 71 of Act of 1997.
27.— Section 71 of the Act of 1997 is amended in subsection (1) by substituting “Parts III, IV, V and IX (inserted by section 41 of the Electoral (Amendment) (Political Funding) Act 2012)” for “Parts III, IV and V”.
PART 4
Amendment of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 Amendment of section 2 of Act of 1999.
28.— Section 2(1) of the Act of 1999 is amended in the definition of “donation”— (a) in paragraph (e), by substituting “commercial price,” for “commercial price, and”, (b) in paragraph (f), by substituting “the event, and” for “the event,”, and (c) by inserting the following new paragraph after paragraph (f): “(g) a payment by the person on their own behalf, or on behalf of one or more than one other person, of a fee or subscription for membership or continued membership of a political party,”.
Amendment of section 13 of Act of 1999.
29.— Section 13 of the Act of 1999 is amended in subparagraph (i) of subsection (1)(c) by substituting “€600” for “£500”.
Amendment of section 19A of Act of 1999.
30.— Section 19A (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended by— (a) substituting “€100” for “£100” in the definition of “third party”, and (b) inserting the following definitions: “ ‘company’ means a company established under the Companies Acts; ‘corporate donor’ means— (a) a body corporate, (b) an unincorporated body of persons, or (c) a trust, which makes a donation, and for the purposes of this definition a body corporate and any subsidiary thereof shall be deemed to be one person; ‘register of corporate donors’ means the register established under section 23D (inserted by section 14 of the Electoral (Amendment) (Political Funding) Act 2012) of the Act of 1997;”.
Amendment of section 19B of Act of 1999.
31.— Section 19B (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended— (a) by substituting the following subsection for subsection (1): “(1) (a) Without prejudice to subsection (2) a candidate at an election shall not, directly or through any intermediary, accept in connection with the election from a particular person— (i) a donation the value of which exceeds €1,000, or (ii) a donation of cash of an amount which exceeds €200. (b) Without prejudice to subsection (2), none of the following persons, namely— (i) a member of a local authority, (ii) a political party, or (iii) a third party, shall, directly or through any intermediary, accept from a particular person in a particular year— (I) a donation the value of which exceeds, in case the first-mentioned person falls within subparagraph (i), €1,000, (II) a donation the value of which exceeds, in case the first-mentioned person falls within subparagraph (ii) or (iii), €2,500, or (III) a donation of cash of an amount which exceeds €200.”, and (b) in subsection (3) by substituting “€1,000 or €2,500” for “£2,000 or £5,000”.
Limits on donations from corporate donors.
32.— The Act of 1999 is amended by inserting the following section after section 19B (inserted by section 58(m) of the Act of 2001): “19BB.— (1) (a) A candidate at an election shall not, directly or through any intermediary, accept in connection with the election from a particular corporate donor a donation the value of which exceeds €200 unless— (i) the corporate donor is registered on the register of corporate donors, and (ii) a statement is made on behalf of the corporate donor and furnished with the donation to the donee confirming that the making of the donation was approved by the corporate donor. (b) None of the following persons namely— (i) a member of a local authority, (ii) a political party, or (iii) a third party, shall, directly or through any intermediary, accept from a particular corporate donor in a particular year a donation that exceeds €200 unless— (I) the corporate donor is registered on the register of corporate donors, and (II) a statement is made on behalf of the corporate donor and furnished with the donation to the donee confirming that the making of the donation was approved by the corporate donor.
Donations by intermediaries.
33.— The Act of 1999 is amended by inserting the following new section after section 19BB (inserted by section 32 of the Electoral (Amendment) (Political Funding) Act 2012): “19BC.— (1) A person who makes a donation on behalf of another person shall notify in writing the candidate at an election to whom the donation is made— (a) that the donation is made on behalf of a person other than the person making the donation, and (b) the name, description and postal address of the person on whose behalf the donation is made.
Amendment of section 19C of Act of 1999.
34.— Section 19C (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended in subsection (1) by inserting “19BB,” after “19B,”.
Amendment of section 19D of Act of 1999.
35.— Section 19D (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended in subsection (1) by substituting “€100” for “£100”.
Amendment of section 19E of Act of 1999.
36.— Subsection (1) of section 19E (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended— (a) by substituting “€600” for “£500”, (b) by substituting the following subparagraphs for subparagraphs (i) and (ii): “(i) the value of the donation, (ii) the name, description and postal address of the person by or on whose behalf the donation was made,”, and (c) by inserting the following subparagraphs after subparagraph (ii): “(iii) the date on which the donation was received, (iv) whether the donation was requested from the donor, and if so, the name and postal address of the person who requested the donation, and (v) whether a receipt issued to the donor in respect of the donation, and if so, the date on which the receipt issued and the name of the person who issued the receipt.”.
Amendment of section 19F of Act of 1999.
37.— Section 19F (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended in subsection (1) by substituting “€100” for “£100”.
Amendment of section 19G of Act of 1999.
38.— Section 19G (inserted by section 58(m) of the Act of 2001) of the Act of 1999 is amended by substituting “€100” for “£100”.
Amendment of section 21 of Act of 1999.
39.— Section 21 of the Act of 1999 is amended— (a) in subsection (4B) (inserted by section 58(o) of the Act of 2001)— (i) in paragraph (a) by substituting “section 19B, 19BB or 19F” for “section 19B or 19F”, (ii) in paragraph (b) by substituting “section 19B, 19BB or 19F” for “section 19B or 19F”, and (iii) by inserting the following new paragraphs after paragraph (b): “(bb) knowingly furnishes a statement referred to in subparagraph (ii) of section 19BB(1)(a) or clause (II) of section 19BB(1)(b) (inserted by section 32 of the Electoral (Amendment) (Political Funding) Act 2012) which is false or misleading in any material respect, (bc) contravenes section 19BC(1) or (2) (inserted by section 33 of the Electoral (Amendment) (Political Funding) Act 2012), (bd) knowingly furnishes information under section 19BC(1) or (2) which is false or misleading in any material respect,”, and (b) in subsection (5) (amended by section 8(e) of the Electoral (Amendment) (No. 2) Act 2009 )— (i) in paragraph (a) by substituting “or section 19B, 19BB, 19BC, 19D,” for “or section 19B, 19D”, and (ii) in paragraph (a)(ii) by substituting “(4A)(b), (4B)(bb), (4B)(bd), or (4B)(d)” for “(4A)(b), or (4B)(d)”.
PART 5
Political Parties — Disclosure of Accounts Amendment of section 19 of Act of 1997.
40.— (1) Section 19 of the Act of 1997 is amended by inserting the following subsection after subsection (4): “(5) No payments shall be made under this section from the first day of January in any year unless and until— (a) an annual statement of accounts and a copy of the auditor’s report is furnished in accordance with section 87 to the Standards in Public Office Commission, and (b) the Standards in Public Office Commission has in accordance with section 88(4) notified the Minister for Public Expenditure and Reform that it is satisfied that the relevant annual statement of accounts complies with Part IX and the guidelines under section 89.”.
Political parties — disclosure of accounts.
41.— The Act of 1997 is amended by inserting the following new Part after Part VIII: “PART IX Political parties — disclosure of accounts Interpretation (Part IX).
83.— In this Part— ‘annual statement of accounts’ shall be construed in accordance with section 85; ‘Commission’ means the Standards in Public Office Commission; ‘financial year’ means a period of 12 months ending on 31 December; ‘guidelines’ means guidelines published by the Commission under section 89.
Duty to keep proper books of accounts.
84.— (1) The appropriate officer of a political party shall keep, or cause to be kept in such form, including electronic form, as may be set out in guidelines, all proper and usual books of accounts of the political party concerned.
Annual statement of accounts.
85.— (1) The appropriate officer shall prepare a statement of accounts (in this Part referred to as the ‘annual statement of accounts’) in respect of the political party concerned in respect of each financial year.
Annual audit of accounts.
86.— (1) The accounts of a political party in respect of a financial year shall be audited by a public auditor.
Annual statement of accounts etc. to be furnished to Commission.
87.— (1) The appropriate officer shall, no later than the end of the period provided for in section 86(3), furnish to the Commission— (a) the annual statement of accounts, and (b) a copy of the auditor’s report (unless the auditor was appointed by the Commission under section 86(4)), of the political party concerned.
Review by Commission.
88.— (1) The Commission shall consider every annual statement of accounts and auditor’s report furnished to it under section 87 and, where it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil on any matter arising in relation to such statement or report.
Guidelines.
89.— (1) For the purpose of providing practical guidance to political parties with respect to keeping proper books of accounts and preparing the annual statement of accounts and auditor’s report, the Commission shall prepare and publish guidelines.
Public inspection of annual statements of accounts.
90.— As soon as reasonably practicable after receiving an annual statement of accounts and auditor’s report under section 87 the Commission shall make a copy of the statement and report available for public inspection, without charge, at its principal office during normal working hours and on the Commission’s website.”.
PART 6
State Funding of Political Parties and Gender Balance Amendment of section 17 of Act of 1997.
42.— Section 17 of the Act of 1997 is amended— (a) in subparagraph (i) of subsection (2)(b) by substituting: (i) “general increase or decrease” for “general increase”, and (ii) “shall be increased or decreased” for “shall be increased”, (b) in subsection (4)— (i) by substituting the following paragraphs for paragraphs (b) and (c): “(b) the name of each candidate elected, (c) the name of each candidate who was not elected to whom the greatest number of votes credited at any stage of the counting of votes exceeds one quarter of the quota, and”, and (ii) by inserting the following new paragraph after paragraph (c): “(d) the gender of each candidate,”, and (c) by inserting the following subsection after subsection (4A) (inserted by section 50(c)(iv) of the Act of 2001): “(4B) (a) Payments calculated in accordance with this Part shall be reduced by 50 per cent, unless at least 30 per cent of the candidates whose candidatures were authenticated by the qualified party at the preceding general election were women and at least 30 per cent were men. (b) Paragraph (a)— (i) comes into operation on the polling day at the general election held next after section 42 of the Electoral (Amendment) (Political Funding) Act 2012 comes into operation, and (ii) ceases to have effect on the polling day at the general election held next after the expiration of 7 years from the polling day specified in subparagraph (i). (c) Payments calculated in accordance with this Part shall be reduced by 50 per cent, unless at least 40 per cent of the candidates whose candidatures were authenticated by the qualified party at the preceding general election were women and at least 40 per cent were men. (d) Paragraph (c) comes into operation on the day after the day on which paragraph (a) ceases to have effect.”.
Amendment of section 46 of Act of 1992.
43.— Section 46 (amended by section 1(a) of the Electoral (Amendment) Act 2007 ) of the Act of 1992 is amended by substituting the following subsection for subsection (3): “(3) Each nomination paper shall state the names (the surname being stated first), the address, the occupation (if any) and the gender of the candidate.”.
Amendment of section 127 of Act of 1992.
44.— Section 127 of the Act of 1992 is amended in subsection (1) by inserting “, of the gender of each candidate” after “in the case of a contested election”.
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