Ireland
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
96. (1) A person shall not, in relation to an election: (a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted, or (b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter, or (c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate, or (d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate, or (e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote. Source: Local Elections Regulations, 1995 |
39. Are there limits on the amount a political party can spend? |
Code
No
Source
Statutory spending limits are not provided for political parties. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.13. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
Limits apply in relation to spending at Dáil and European elections. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.13. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
European election: € 230.000 3 seat constituency at a Dáil general or by-election: € 30,150 4 seat constituency at a Dáil general or by-election: € 37,650 5 seat constituency at a Dáil general or by-election: € 45,200
Source
Limits apply in relation to spending at Dáil and European elections. In particular, the following expenditure limits are provided in relation to candidates: - European election: 230.000 EUR - 3 seat constituency at a Dáil general or by-election: 30,150 EUR - 4 seat constituency at a Dáil general or by-election: 37,650 EUR - 5 seat constituency at a Dáil general or by-election: 45,200 EUR. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.13. |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Source
There are no limits on the amount of expenditure which may be incurred by a third party at an election. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.14. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Yes, for third parties
Source
No paid political advertising is allowed on TV and radio during the election campaign. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p. 9. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No data
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No data
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Source
Political parties and individual candidates receiving a monetary donation exceeding 126.97 EUR must open and maintain a political donations account and furnish a Donation Statement comprising the corresponding annual returns of such account to the Standards Commission every year (political parties by 31 March and elected representatives by 31 January, respectively; unsuccessful candidates must furnish a donation statement within 56 days of polling day). The Donation Statement, is accompanied by a Statutory Declaration stating that the information on the Donation Statement is correct and that all reasonable action has been taken to ensure its accuracy. The Donation Statement/Statutory Declaration must detail all donations over 5,078.95 EUR (for political parties) and 634,87 EUR (for elected representatives and unsuccessful election candidates), including information on their actual value and nature (i.e. cheque, cash or property/goods), as well as the name, address and description of the donor (i.e. whether the donor is an individual, company, etc.). Donation Statements do not include details on debts and assets of political parties/candidates. The Donation Statement/Statutory Declaration must be accompanied by i) a Bank Statement provided by the financial institution in which the bank account was opened and ii) a Certificate of Monetary Donations confirming that all monetary donations received during the year were lodged to the account and that all amounts debited from the account were used for political purposes. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.15. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Political parties/candidates (through their national/election agents) are also required to furnish Election Expenses Statements at Dáil and European elections. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.15. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Political parties/candidates (through their national/election agents) are also required to furnish Election Expenses Statements at Dáil and European elections. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.15. |
50. Do third parties have to report on election campaign finances? |
Code
Yes
Source
Expenditure incurred by political parties at local authority elections is accounted for under the Local Elections (Disclosure of Donations and Expenditure) Act 1999. Candidates, national agents and designated persons of political parties and third parties are to submit details of election expenditure to their relevant local authority within 90 days of polling day. Third parties are required to open political donations accounts and to deliver a Bank Statement and a Certificate of Monetary Donations to the Standards Commission. Third parties are exempted from the obligation to furnish a Donation Statement. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.16. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Though donations will only be disclosed if they exceed a certain level. Source
Details of the donations disclosed by political parties, candidates and individual donors are available in the Standards Commission website. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.17. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
The identity of donors must only be revealed if the donation is over € 5,078.95 for political parties and € 634,87 for elected representatives and unsuccessful election candidates. Source
The Donation Statement/Statutory Declaration must detail all donations over 5,078.95 EUR (for political parties) and 634,87 EUR (for elected representatives and unsuccessful election candidates), including information on their actual value and nature (i.e. cheque, cash or property/goods), as well as the name, address and description of the donor (i.e. whether the donor is an individual, company, etc.). Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p.15. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
Source
Ireland has developed a thorough system of regulation of party finance, which has been coupled, in practice, with the proactive and independent monitoring and advisory role played by the Standards in Public Office Commission. That said, further steps need to be taken in order to further increase transparency and to enhance control in this area. In particular, although donations (over a certain threshold) and expenditure (exchequer and election spending) statements are published, it is crucial that full party accounts, including itemised information on the total annual income and expenditure, debts and assets of political parties, are also made publicly available. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p. 27. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
Source
Ireland has developed a thorough system of regulation of party finance, which has been coupled, in practice, with the proactive and independent monitoring and advisory role played by the Standards in Public Office Commission. That said, further steps need to be taken in order to further increase transparency and to enhance control in this area. In particular, although donations (over a certain threshold) and expenditure (exchequer and election spending) statements are published, it is crucial that full party accounts, including itemised information on the total annual income and expenditure, debts and assets of political parties, are also made publicly available. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p. 27. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Other
Comment
Standards in Public Office Commission. Source
Political parties and individual candidates receiving a monetary donation exceeding 126.97 EUR must open and maintain a political donations account and furnish a Donation Statement comprising the corresponding annual returns of such account to the Standards Commission every year (political parties by 31 March and elected representatives by 31 January, respectively; unsuccessful candidates must furnish a donation statement within 56 days of polling day). The Donation Statement, is accompanied by a Statutory Declaration stating that the information on the Donation Statement is correct and that all reasonable action has been taken to ensure its accuracy. The Donation Statement/Statutory Declaration must detail all donations over 5,078.95 EUR (for political parties) and 634,87 EUR (for elected representatives and unsuccessful election candidates), including information on their actual value and nature (i.e. cheque, cash or property/goods), as well as the name, address and description of the donor (i.e. whether the donor is an individual, company, etc.). Donation Statements do not include details on debts and assets of political parties/candidates. The Donation Statement/Statutory Declaration must be accompanied by i) a Bank Statement provided by the financial institution in which the bank account was opened and ii) a Certificate of Monetary Donations confirming that all monetary donations received during the year were lodged to the account and that all amounts debited from the account were used for political purposes. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p. 15. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Other
Comment
Standards in Public Office Commission, the Gardai (police). Source
As per the examining and investigative role of the Standards Commission, all of the statutory documentation furnished to the Standards Commission is reviewed. In general, unless there isevidence to the contrary, the documents are accepted as being accurate, subject to anyamendments that may be required to correct minor errors or omissions. When suspected violations of political financing regulations exist, the Standards Commission may make enquiries, as it considers appropriate, and may require any person to submit any information, document orthing in the possession or procurement of the person for the purposes of carrying out its dutiesunder the Electoral Acts. The Standards Commission carries out enquiries under the ElectoralActs in response to specific complaints received, issues arising in the media, or at the Tribunalsof Inquiry, or on its own initiative [...]. When the Standards Commission is of the opinion that a contravention may have taken place, itmust inform the person who has furnished the documentation of the possible contravention andafford him/her 14 days to provide comments on the matter. The Standards Commission musthave regard to any such comments. If, having regard to the person's comments, the StandardsCommission is still of the opinion that a contravention of the Act has taken place it must furnish areport on the matter and any other relevant information to the DPP. Where the Standards Commission is of the view that an offence has occurred it will refer the matter to the Gardai for investigation of the offence. The Standards Commission does not have prosecutorial/enforcement powers; all offences under the Electoral Acts must be prosecuted by or with the consent of the DPP. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), pp. 18-19. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Source
When suspected violations of political financing regulations exist, the Standards Commission may make enquiries, as it considers appropriate, and may require any person to submit any information, document or thing in the possession or procurement of the person for the purposes of carrying out its duties under the Electoral Acts. The Standards Commission carries out enquiries under the Electoral Acts in response to specific complaints received, issues arising in the media, or at the Tribunals of Inquiry, or on its own initiative. When the Standards Commission is of the opinion that a contravention may have taken place, it must inform the person who has furnished the documentation of the possible contravention and afford him/her 14 days to provide comments on the matter. The Standards Commission must have regard to any such comments. If, having regard to the person's comments, the Standards Commission is still of the opinion that a contravention of the Act has taken place it must furnish a report on the matter and any other relevant information to the DPP. Where the Standards Commission is of the view that an offence has occurred it will refer the matter to the Gardaí for investigation of the offence. The Standards Commission does not have prosecutorial/enforcement powers; all offences under the Electoral Acts must be prosecuted by or with the consent of the DPP. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), pp. 18-19. |
58. What sanctions are provided for political finance infractions? |
Code
Source
Irish legislation provides for a broad and flexible range of sanctions when infringements of partyfunding rules occur, including monetary fines, withdrawal of public funds, disqualificationpenalties and imprisonment in the event of serious breaches of legislation. Source: GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II), p. 26. See also Electoral Act No. 25, 1997. |