Dáil Éireann Debate, Thursday - 25 September 2025
281. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage to consider reviewing the statutory framework for political party funding and governance in light of recent public controversies; the reforms being considered to enhance transparency and compliance; whether new sanctions or monitoring mechanisms are planned; and if he will make a statement on the matter. [51021/25]
Amharc ar fhreagraThe Electoral Act 1997 (as amended) provides the statutory framework for dealing with political financing and sets out the regulatory regime covering a wide range of inter-related issues such as the funding of political parties; the reimbursement of election expenses; the establishment of election expenditure limits; the disclosure of election expenditure; the setting of limits on permissible donations; the prohibition of certain donations; the disclosure of donations; and the registration of third parties who accept donations given for political purposes which exceed €100; and the preparation and publication of annual statements of accounts by political parties.
The principal objectives of the Act are to ensure that there is openness and accountability in the relationships that exist between election candidates, elected members and political parties and those who would support them, whether by way of financial assistance or otherwise. The Standards in Public Office (SIPO) Commission is responsible for overseeing the implementation of the relevant Parts of the Electoral Act 1997 (as amended). In addition, SIPO may make such inquiries as it considers appropriate and may require any person, political party or third party to furnish any such information as it considers appropriate for the purpose of exercising its duties under the Act. Failure to comply is an offence under the Act.
In broad terms, Part III of the Act provides for the funding of registered political parties subject to meeting specified criteria relating to performance at Dáil elections. Parts IV and VI of the Act sets out the regulatory framework in respect of political donations and, in support of transparency, provides for donation statements to be furnished to SIPO by election candidates, Members of the Oireachtas, Members of the European Parliament and political parties. Part V of the Act provides for spending limits at Dáil, European Parliament and presidential elections and requires statements of election expenditure to be furnished to SIPO within 56 days of polling day. Part IX of the Act provides for the preparation of annual statements of accounts by each political party which must be furnished to SIPO within six months of the end of the calendar year to which the accounts relate. Part X of the Act provides for a political donations and election expenditure regime for elections to the Office of the Mayor of Limerick.
A number of amendments to the Electoral Act 1997 were introduced by way of Part 7 of the Electoral Reform Act 2022 which aimed to clarify and strengthen the relevant provisions relating to our political donations and expenditure regime. Part 7 strengthened a number of definitions within the 1997 Act to clarify what falls within the scope of a donation, what might constitute an exemption from a donation and the status of subsidiary organisations of political parties that have offices outside the State having regard to our donations regime.
It also requires the leaders of political parties to provide a written statement and accompanying statutory declaration each year to SIPO stating that donations from outside the State have been declared and that no other donations took place in the party’s donation statement for the preceding year. Furthermore, a new definition of ‘cryptocurrency’ was inserted into the 1997 Act together with a general prohibition on the acceptance of donations in the form of a cryptocurrency.
Part 7 also amended Part IX of the 1997 Act to provide that the annual statements of accounts prepared by each political party shall also apply to subsidiary organisations and shall include all property within the ownership of the political party (including property within the ownership of each of its subsidiary organisations) as well as a breakdown of the aggregate amount of donations received by the political party (including donations received by each of its subsidiary organisations).
Finally, An Coimisiún Toghcháin published its inaugural Research Programme 2024-2026 on 10 July 2024. Its research programme includes a commitment to undertake a review of the Electoral Act 1997. This policy area will be reviewed further by my Department once An Coimisiún has considered and reported on the issue.
