Commission backs political donations limits

The Standards in Public Office Commission has urged the Government not to increase the limits on the amount of money political…

The Standards in Public Office Commission has urged the Government not to increase the limits on the amount of money political parties are able to raise from private and business donors.

The Minister for the Environment, Mr Cullen, last year repeatedly indicated his desire to raise donation limits, and to ease the regulations facing political party headquarters, election officers and candidates.

The review of the country's electoral legislation by the independent body chaired by High Court judge Mr Justice Smith was requested by the Minister last year.

In its report, submitted on December 23rd, the commission said the existing legislation, which was introduced in 1997 and amended three times since, "is now well established".

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Urging the Minister to examine the implications of increasing spending limits, it said not one of the 10 political parties used up its full spending entitlement in the 2002 election.

Political parties must not be able to raise "excessive" contributions from the business community if the integrity of the existing legislation was to be protected."If the limits are increased, it will almost certainly be the case that the level of campaigning will grow in line with that increase, as will the gap between those, both individuals and parties, who are in a position to incur higher levels of expenditure and those who are not," it said.

"The model now existing in Ireland, as outlined in the Electoral Acts, is well regarded as reflecting good practice in terms of control, supervision and transparency."

While the commission accepted the setting of political donation limits was a matter for the Oireachtas, it issued a carefully-couched warning to the Minister not to go too far.

"In the interests of preserving the reputation of the current legislative regime, the Standards Commission would suggest that, in the event of it being proposed to increase the limits applying to acceptance of donations, careful attention would be given to avoiding a position where, in the estimation of the ordinary citizen, the new limits are excessive or are perceived as defeating the original intent and purpose of the legislation."

Under the existing legislation, all donations above €634.87 made to TDs, senators, MEPs, and candidates at Dáil, Seanad and European Parliament elections must be declared to the commission.

Labour TD Mr Eamon Gilmore said the Minister should scrap his plans to raise limits. "To do what he is proposing would simply further damage the standing of politics and politicians among the public."

The commission accepted that a Supreme Court ruling just before the May 2002 general election had caused difficulties for TDs and Ministers trying to keep their election spending limits within limits. The legal action was taken by a Fianna Fáil Dublin Mid-West candidate, Mr Des Kelly, who argued that outgoing members of the Oireachtas had an advantage over candidates who were not TDs or senators.

However, the commission said it hoped that the problems encountered in the 2002 campaign would not occur again as everyone would have benefited from "the learning experience".

"The legislation clearly set out the items which fall within the definition of election spending. The legislation also prescribes how, and by whom, election expenses may be incurred on behalf of candidates and political parties."