Ireland
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
There is a ban. Source
Electoral Act 1997 Section 23 A (2) (as amended by Electoral (Amendment) Act 2001: None of the persons referred to in any of paragraphs (a) to (f) of subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or (b) a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
There is a ban. Source
Electoral Act 1997 23 A (2) (as amended by Electoral (Amendment) Act 2001: None of the persons referred to in any of paragraphs (a) to (f) of subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or (b) a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed. |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
There is no ban. Source
Electoral Act 1997 26 (1) (as amended by the Electoral (Amendment) (Political Funding) Act 2021 Section 17): There shall be included in—(a) the report by the directors of a company under section 158 of the Companies Act, 1963 , and the annual return under section 125 or 126, as may be appropriate, of that Act, (b) the annual return to be made to the Registrar of Friendly Societies by a trade union (within the meaning of the Trade Union Acts, 1871 to 1990) or a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, and (c) the report of a building society (within the meaning of the Building Societies Act, 1989 ) under section 78 of that Act, particulars of all donations (within the meaning of section 22 or 46 or regulations made under section 72 ) exceeding €200 in value made by the company, trade union, society or building society, as the case may be, in the year to which the report or return relates, including particulars sufficient to identify— (a) the value of each such donation, and (b) the person to whom the donation was made. (2) For the purposes of this section—(a) “company” has the same meaning as in the Companies Acts, 1963 to 1990; (b) all donations made by the company, trade union, society or building society, as the case may be, to the same person in the year to which the report or return relates shall be aggregated and treated as a single donation; (c) in the case of a contribution of the kind referred to in subsection (2)(a)(vi) of section 22 or subsection (2)(a)(vi) of section 46 regard shall be had to the gross value thereof. |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
There is no ban. Source
Electoral Act 1997 26 (1) (as amended by the Electoral (Amendment) (Political Funding) 2012 Act 17): There shall be included in—(a) the report by the directors of a company under section 158 of the Companies Act, 1963 , and the annual return under section 125 or 126, as may be appropriate, of that Act, (b) the annual return to be made to the Registrar of Friendly Societies by a trade union (within the meaning of the Trade Union Acts, 1871 to 1990) or a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, and (c) the report of a building society (within the meaning of the Building Societies Act, 1989 ) under section 78 of that Act, particulars of all donations (within the meaning of section 22 or 46 or regulations made under section 72 ) exceeding €200 in value made by the company, trade union, society or building society, as the case may be, in the year to which the report or return relates, including particulars sufficient to identify— (a) the value of each such donation, and (b) the person to whom the donation was made. (2) For the purposes of this section—(a) “company” has the same meaning as in the Companies Acts, 1963 to 1990; (b) all donations made by the company, trade union, society or building society, as the case may be, to the same person in the year to which the report or return relates shall be aggregated and treated as a single donation; (c) in the case of a contribution of the kind referred to in subsection (2)(a)(vi) of section 22 or subsection (2)(a)(vi) of section 46 regard shall be had to the gross value thereof. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
There is no ban. Source
Electoral Act 1997 Section 26 (1) (as amended by the Electoral (Amendment) (Political Funding) Act 2012 Section 17): There shall be included in—(a) the report by the directors of a company under section 158 of the Companies Act, 1963 , and the annual return under section 125 or 126, as may be appropriate, of that Act, (b) the annual return to be made to the Registrar of Friendly Societies by a trade union (within the meaning of the Trade Union Acts, 1871 to 1990) or a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, and (c) the report of a building society (within the meaning of the Building Societies Act, 1989 ) under section 78 of that Act, particulars of all donations (within the meaning of section 22 or 46 or regulations made under section 72 ) exceeding €200 in value made by the company, trade union, society or building society, as the case may be, in the year to which the report or return relates, including particulars sufficient to identify— (a) the value of each such donation, and (b) the person to whom the donation was made. (2) For the purposes of this section—(a) “company” has the same meaning as in the Companies Acts, 1963 to 1990; (b) all donations made by the company, trade union, society or building society, as the case may be, to the same person in the year to which the report or return relates shall be aggregated and treated as a single donation; (c) in the case of a contribution of the kind referred to in subsection (2)(a)(vi) of section 22 or subsection (2)(a)(vi) of section 46 regard shall be had to the gross value thereof. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Trade unions are treated the same as corporations. Corporate donors must register if they want to make a donation of over €200 and include a statement that the donation was approved by the donor. Any donations over €200 must also be included in the corporate donor's annual report. Source
Electoral Act 1997 26 (1) (as amended by the Electoral (Amendment) (Political Funding) Act 2012 Section 17): There shall be included in—(a) the report by the directors of a company under section 158 of the Companies Act, 1963 , and the annual return under section 125 or 126, as may be appropriate, of that Act, (b) the annual return to be made to the Registrar of Friendly Societies by a trade union (within the meaning of the Trade Union Acts, 1871 to 1990) or a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, and (c) the report of a building society (within the meaning of the Building Societies Act, 1989 ) under section 78 of that Act, particulars of all donations (within the meaning of section 22 or 46 or regulations made under section 72 ) exceeding €200 in value made by the company, trade union, society or building society, as the case may be, in the year to which the report or return relates, including particulars sufficient to identify— (a) the value of each such donation, and (b) the person to whom the donation was made. (2) For the purposes of this section—(a) “company” has the same meaning as in the Companies Acts, 1963 to 1990; (b) all donations made by the company, trade union, society or building society, as the case may be, to the same person in the year to which the report or return relates shall be aggregated and treated as a single donation; (c) in the case of a contribution of the kind referred to in subsection (2)(a)(vi) of section 22 or subsection (2)(a)(vi) of section 46 regard shall be had to the gross value thereof. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
Anonymous donations over €100 cannot be accepted. Corporate donors must register if they want to make a donation of over €200 and include a statement that the donation was approved by the donor. Any donations over €200 must also be included in the corporate donor's annual report. Source
Electoral Act 1997 Section 23 (as amended by Section 8 of the Electoral (Amendment) (Political Funding) Act 2012).—(1) A political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election shall not, directly or through any intermediary, accept a donation exceeding €100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the party, member, representative or candidate, as the case may be. Electoral Act (as amended by Section 19 of the Electoral (Amendment) (Political Funding) Act 2012) Section 47 .—(1) A candidate at a presidential election shall not, directly or through any intermediary, accept a donation exceeding €100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the candidate. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes, above certain threshold
Comment
Anonymous donations over €100 cannot be accepted. Source
Electoral Act 1997 Section 23 (as amended by Section 8 of the Electoral (Amendment) (Political Funding) Act 2012).—(1) A political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election shall not, directly or through any intermediary, accept a donation exceeding €100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the party, member, representative or candidate, as the case may be. Electoral Act 1997 Section 47 (as amended by Section 19 of the Electoral (Amendment) (Political Funding) Act 2012) Section 47 .—(1) A candidate at a presidential election shall not, directly or through any intermediary, accept a donation exceeding €100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the candidate. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
There are no legal provisions in relation to donations from corporations with government contracts. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
There are no legal provisions in relation to donations from corporations with government contracts. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Comment
There are no legal provisions in relation to donations from corporations with partial government ownership. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Comment
There are no legal provisions in relation to donations from corporations with partial government ownership. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No
Comment
Certain state resources, such as special advisers paid from public funds or the use of state offices, can be used for election purposes, but these count as election expenses and are subject to the relevant limits and disclosures. This rule is not to be found in a statute. It is based on an interpretation of the decision of the Supreme Court in Kelly v. The Attorney General [2002] 4 Irish Reports 191, which deemed unconstitutional and deleted Schedule 2(c) of the Electoral Act 1997, which exempted resources available to legislators from being counted as election expenses. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Comment
There are limits. Source
Electoral (Amendment) Act 2001 Section 23A (inserted by section 49(d) of the Act of 2001) of the (Electoral) 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." |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
€2500 in any calendar year. Source
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." |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No, but limits for regular periods apply to campaign periods
Source
Electoral Act 1997.— Section 23A (inserted by section 49(d) of the Electoral (Amendment) 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." |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
€2500 in any calendar year. Source
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." |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
There are limits. Source
Electoral Act 1997. Section 23A (inserted by section 49(d) of the Electoral (Amendment) 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." |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
€1000 in any calendar year. Standards in Public Office Commission. 2017. Guidelines for Members of the Houses of the Oireachtas and Representatives in the European Parliament relating to acceptance, management and disclosure of donations, p. 15. Source
Electoral Act 1997. Section 23A (inserted by section 49(d) of the Electoral (Amendment) 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." |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
There are no legal provisions in relation to candidates' contributions to their own campaigns. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
In-kind donations are treated the same as cash donations and the same rules and limits apply. Source
Electoral Act 1997 Section 22 (2) For the purposes of this Part—(a) “donation” means any contribution given for political purposes by any person, whether or not a member of a political party, to a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election and includes all or any of the following, namely— (i) a donation of money, (ii) a donation of property or goods, (iii) conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods, (iv) the supply of services without payment or other consideration therefor, (v) the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price, or (vi) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, the proportion attributable to that contribution of the net profit, if any, deriving from the event. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
In-kind donations are treated the same as cash donations and the same rules and limits apply. Source
Electoral Act 1997 Section 22 (2) For the purposes of this Part—(a) “donation” means any contribution given for political purposes by any person, whether or not a member of a political party, to a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election and includes all or any of the following, namely— (i) a donation of money, (ii) a donation of property or goods, (iii) conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods, (iv) the supply of services without payment or other consideration therefor, (v) the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price, or (vi) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, the proportion attributable to that contribution of the net profit, if any, deriving from the event. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
There are no legal provisions relating to parties' commercial activities. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
There are no legal provisions banning loans for parties' elections campaigns. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
There are no legal provisions banning loans for candidates' elections campaigns. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
There are no legal provisions on political parties or candidates participating in public tender/procurement processes. |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
If a candidate, representative, or accounting unit of a political party receives monetary donations of more than €100 in a given year, it and all subsequent donations must be routed through a 'Donations Account' at a financial institution. The definition of a financial institution includes An Post (the post office) and most banks, building societies and credit institutions. It does not, however, include a credit union. Source
Electoral Act 1997 Section 23B, as amended by Electoral (Amendment) Act 2001 49. (1) A member of either House of the Oireachtas, a representative in the European Parliament, a candidate at a Dáil, Seanad or European election, a political party, a third party or an accounting unit who or which receives, in any particular year, a monetary donation the value of which exceeds £100 shall open and maintain an account in an institution in the State and shall lodge that donation and any further monetary donations received by him or her or it to that account. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
In addition, to the regular funding of parties, there is a system of election expense refunds for candidates. Source
Electoral Act 1997, Section 16. 1. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
Electoral Act 1997, Section 16. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Source
Electoral Act 1997, Section 17 (3) The amount payable to qualified parties under subsection (2) shall be allocated to each qualified party in the same proportion as the total number of first preference votes obtained by every candidate of each such qualified party at the preceding general election bears to the total number of first preference votes obtained by candidates of all qualified parties at that election. (4) As soon as may be after the declaration of the result of a general election is completed in each constituency, the Minister shall furnish to the Public Offices Commission and the Minister for Finance, in writing: (a) particulars of the total percentage of first preference votes obtained at the election by candidates of each party referred to in section 16 calculated in accordance with paragraph (b) of the said section, (b) the name of each candidate elected, and (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 at the election exceeds one quarter of the quota, as ascertained from the copy of the notice furnished to the Minister under section 127 (2) of the Act of 1992. (5) Every payment made under this Part to a qualified party shall be exempt from income tax and shall not be reckoned in computing the income for the purposes of the Income Tax Acts of such party. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
A payment made to a qualified party shall not be applied to, or to recoup, election expenses incurred at an election. Source
Electoral Act 1997 Section 18. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
There are provisions. Source
Broadcasting Act 2009 Section 39 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Other
Comment
While there is no obligation on broadcasters to transmit party political broadcasts, those that do so shall ensure that they are allocated in an equitable manner and ensure that party political broadcasts are transmitted at times that are aimed at achieving a similar audience for all such broadcasts. Similar broadcast treatment shall be provided for all party political broadcasts, both at their introduction and at their conclusion. Such broadcasts may only be availed of by political parties included on the Register of Political Parties as provided for under Irish law. Source
Broadcasting Act 2009 Section 39 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
There are no provisions for free of subsidized access to media for candidates. The legislation only mentions 'Party political broadcasts'. |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Free postage for candidates and reimbursement of election expenses. Source
Electoral Act 1997, Section 22 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
if parties fail to respect legislative quotas they lose half of the State funding they receive annually. the law foresees an increasing in the legislative quota from 30 per cento to 40 per cent for elections to be held in 2020 Source
Electoral Act 1997, Section 17 (as amended by Section 42 of the Electoral (Amendment) (Political Funding) Act 2012. |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Yes, funds earmarked for gender activities
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
This is described as a type of bribery under Irish electoral law. Source
Electoral Act 1992, Section 135. |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The only spending by a party which is allowed is the sum of the amounts which have been assigned to the party by its candidates from within the candidates’ individual limit. Source
"Electoral Act 1997 (as amended by S.I. No. 113/2007 - Electoral Act 1997 (Limitation and Reimbursement of Election Expenses at Dáil Election) Order 2007) Section 32. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
Per candidate in a 5 seat constituency - €45,200; 4 seat - €37,650; 3 seat - €30,150. Source
"Electoral Act 1997 (as amended by S.I. No. 113/2007 - Electoral Act 1997 (Limitation and Reimbursement of Election Expenses at Dáil Election) Order 2007) Section 32. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
There are limits. Source
"Electoral Act 1997 (as amended by S.I. No. 113/2007 - Electoral Act 1997 (Limitation and Reimbursement of Election Expenses at Dáil Election) Order 2007) Section 32. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
Candidate in a 5 seat constituency - €45,200; 4 seat - €37,650; 3 seat - €30,150. Source
"Electoral Act 1997 (as amended by S.I. No. 113/2007 - Electoral Act 1997 (Limitation and Reimbursement of Election Expenses at Dáil Election) Order 2007) Section 32. |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
Once a third party or other person has complied with the relevant requirements and is deemed not to be connected to a political party or a candidate at an election, there is no limit to the amount of expenses which the third party or other person may incur. See Standards in Public Office Commission. 2020. Guidelines for the General Election to the 33rd Dáil 8 February 2020 [National Agents, Third Parties, Other Persons and Publishers], p. 20. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Yes, for third parties
Yes, for political parties
Comment
Broadcasters may not allow political advertising. However, party political broadcasts are permitted during election campaigns further to Section 39(2) of the Broadcasting Act 2009. While there is no obligation on broadcasters to transmit party political broadcasts, those that do so shall ensure that they are allocated in an equitable manner and ensure that party political broadcasts are transmitted at times that are aimed at achieving a similar audience for all such broadcasts. Similar broadcast treatment shall be provided for all party political broadcasts, both at their introduction and at their conclusion. Such broadcasts may only be availed of by political parties included on the Register of Political Parties as provided for under Irish law. Determinations in respect of the allocation of party political parties are a matter for broadcasters. To ensure that a party political broadcast does not rank as an advertisement (which is prohibited by Section 41(3) of the 2009 Act) no payment or similar consideration shall be applied for such broadcasts. Source
Broadcasting Act 2009, Section 41.— (3) A broadcaster shall not broadcast an advertisement which is directed towards a political end or which has any relation to an industrial dispute. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Yes, for political parties
Comment
Online media advertising is subject to the general spending limits for candidates and political parties. There is no spending limit for third parties. See Standards In Public Office Commission. 2020. Guidelines for the General Election to the 33rd Dáil 8 February 2020 [National Agents, Third Parties, Other Persons and Publishers], p. 20. Source
"Electoral Act 1997 (as amended by S.I. No. 113/2007 - Electoral Act 1997 (Limitation and Reimbursement of Election Expenses at Dáil Election) Order 2007) Section 32. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
Yes
Comment
The Electoral Reform Act 2022 (Sections 121, 122, 125) provides that online advertisements must contain be clearly labelled as a political advertisement and contain detailed transparency notice. Online platforms must verify the identity of purchasers of political advertisements. Foreign interests may not buy online political advertisements. However, as of 9 November 2023, these provisions had not yet been commenced by the relevant minister and it was not clear when they would come into force. |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Parties must present annual audited accounts and a statement that public funding was spent in conformity with regulations. See Standards in Public Office Commission. 2017. Annual Statements of Accounts Guidelines for Political Parties. Source
Electoral Act 1997 (as amended by the Electoral (Amendment) (Political Funding) Act 2012 Section 41) Section 84. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
The party's election expenses statement must contain details of all expenses incurred and payments made by the national agent and his/her authorised persons, including supplies of property, goods or services free or below cost which were used during the election period, details of authorised persons including the amount each authorised person was permitted to spend and the amount actually spent, confirmation of the portion of each candidate's spending limit which was assigned by the candidate to the national agent's political party, details of any disputed claims for payment, information concerning late claims for payment (i.e., claims received more than 45 days after polling day), details of expenses incurred on goods, property or services used during the election period where the costs were met from public funds. Source
Electoral Act 1997 Section 36. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
The following must be included in the election expenses statement: details of all expenses incurred and payments made by the election agent and his/her authorised persons, including supplies of property, goods or services free or below cost which were used during the election period ; details of authorised persons (which may include the candidate; a director of elections or the party's national agent) including the amount each authorised person was authorised to spend and the amounts actually spent; confirmation of the portion of the candidate's spending limit assigned by the candidate to his/her political party ... a copy of the written agreement between the candidate and the political party must be furnished by the election agent with his/her election expenses statement; details of any disputed claims for payment; information concerning late claims for payment (i.e., claims received more than 45 days after polling day) details of expenses incurred on goods, property or services used during the election period where the costs were met out of public funds. Source
Electoral Act 1997 Section 36. |
50. Do third parties have to report on election campaign finances? |
Code
Yes
Comment
"Third parties are subject to the same rules as candidates, agents, and parties in relation to the reporting of electoral expenses. The following must be included on the election expenses statement completed by the third party/other person: details of all expenses incurred and payments made by the third party/other person; details of any disputed claims ; details of any late claims for payment (i.e. claims received more than 45 days after polling day which must not be paid)." Source
Electoral Act 1997 Section 36. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The law says that the Standards in Public Office Commission must lay reports of election expenses before both houses of the legislature and make them available for inspection and copying for a period of three years. The Commission also posts these reports on its website. Source
Electoral Act 1997 37. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Parties and candidates must disclose the names of those who have made donations of over €600. Individual donors who make donations with a total value in excess of €1,500 in any calendar year to two or more members of the same political party (or to a political party and one or more of its members), are themselves required to furnish a donation statement and statutory declaration to the Standards Commission disclosing details of the donations. Source
Electoral Act 1997 Section 24 (as amended by Section 15 of the Electoral (Amendment) (Political Funding) Act 2012). |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
Comment
There is no such general provision. Candidates and parties must provide 'donation statements' and parties must give some information on income in their annual accounts. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
"The party's election expenses statement must contain details of all expenses incurred and payments made by the national agent and his/her authorised persons, including supplies of property, goods or services free or below cost which were used during the election period, details of authorised persons including the amount each authorised person was permitted to spend and the amount actually spent, confirmation of the portion of each candidate's spending limit which was assigned by the candidate to the national agent's political party, details of any disputed claims for payment, information concerning late claims for payment (i.e., claims received more than 45 days after polling day), details of expenses incurred on goods, property or services used during the election period where the costs were met from public funds. The candidate's statement must include details of all expenses incurred and payments made by the election agent and his/her authorised persons, including supplies of property, goods or services free or below cost which were used during the election period, details of authorised persons (which may include the candidate; a director of elections or the party's national agent) including the amount each authorised person was authorised to spend and the amounts actually spent, confirmation of the portion of the candidate's spending limit assigned by the candidate to his/her political party, a copy of the written agreement between the candidate and the political party must be furnished by the election agent with his/her election expenses statement, details of any disputed claims for payment, information concerning late claims for payment (i.e., claims received more than 45 days after polling day), details of expenses incurred on goods, property or services used during the election period where the costs were met out of public funds." Source
Electoral Act 1997 Section 24 (as amended by Section 15 of the Electoral (Amendment) (Political Funding) Act 2012). |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Special agency for political finance
Comment
The Standards in Public Office Commission (SIPO). Source
Electoral Act 1997 Section 36. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
The Standards in Public Office Commission (SIPO) investigates offences. The police and the Director of Public Prosecutions also investigate violations. Source
Electoral Act 1997 Section 25 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Carry out investigation
Refer for investigation
Request additional information from others
Request additional information from potential violator
Source
"Electoral Act 1997 Section 25 |
58. What sanctions are provided for political finance infractions? |
Code
Source
Electoral Act 1992 Section 157. |