New funding regulations denounced as harassment

Several campaign groups have condemned as "draconian" and "a form of harassment" new Department of Environment regulations which limit their ability to raise funds from private and overseas sources.

Mr Justin Barrett, spokesman for the Mother and Child Campaign which is seeking a No vote in the upcoming abortion referendum, said he had no doubt the regulations had been introduced "because the Government has started to lose referendums. They're designed to weaken any political campaign group which is not part of the establishment."

Mr Joe Murray, co-ordinator of the lobby Afri, which campaigned for a No vote in the Nice Treaty referendum, said "at the very least" the regulations amounted to "bureaucratic harassment of small organisations by the Government". At worst, he said, the regulations were "bordering on the criminal as they're trying to prevent groups from campaigning of life- and-death issues".

Under the regulations, contained in the Electoral (Amendment) Act 2001, lobby groups which receive a donation of €127 or more must register with the Public Office Commission.

No group or "third party" can accept a donation from the same person in the same year exceeding an aggregate of €6,349, nor can any group accept a donation of any value from a person, other than an Irish citizen, who resides outside the island of Ireland.

All groups must lodge donations in a bank account and a statement specifying all transactions in relation to the account must be forwarded to the Commission each year. Failure to make such a "statutory declaration" is punishable by a €1.270 (£1,000) fine, plus an ongoing fine of €127(£100) a day.

Failure to notify the Commission of a relevant donation also results in a €1,270 (£1,000) fine. Filing a false statement can result in a fine of up to€25,390 (£20,000) plus three years in prison.

A number of non-governmental organisations, including the Irish Council for Civil Liberties, the Public Communications Centre and Amnesty International, met informally yesterday to discuss the new regulations.

Mr Damian Ó Broin, programme manager of the Public Communications Centre, said there was "growing disquiet" that the legislation might inhibit advocacy work.

In the case of an overseas development organisation which obtained funds overseas, "it might have to choose either to abandon that funding or give up its advocacy work", he noted.

"There is also concern that this will impose a high administrative burden on small organisations."

Mr Barrett said his group, like others, was taking legal advice on the matter. He confirmed the Mother and Child Campaign had received some foreign donations. However, he said, it had no intention of returning them.

As he understood the Act, such donations could be used to cover day- to-day expenses but not referendum campaigning.

A Department spokesman said foreign donations could not be used for any "political purposes", including promoting or opposing, "directly or indirectly", a policy of a political party.

Mr Barrett said he was particularly concerned, he said, that an "audit" could be called in the middle of a campaign. "You could have Government people all over your office, looking through your papers. This goes beyond public interest. It amounts to harassment."

Underlining the confusion regarding the scope of the Act, the European Movement yesterday said it understood the ban on foreign donations only applied in the context of referendums, contrary to the Department's opinion.