Sipo report referral of 25 cases relating to candidates in 2020 general election to DPP

Twenty five files have been sent to the Director of Public Prosecutions (DPP) relating to candidates having failed to submit required documentation in respect of the 2020 general election, according to a report published by the Standards in Public Office Commission (Sipo).

Although the individuals have not been named, enforcement action is ongoing in “a number of cases”, it said.

Donations with a total value of €111,282 were disclosed by 64 unsuccessful candidates, a reduction on the 2016 election when €112,320 was disclosed by 102 candidates. Unsuccessful candidates were required to disclose all donations received in excess of €600 by April 4th last year.

Successful candidates were required to furnish donation statements before the end of last January to take in the full calendar year.

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Offences that can be forwarded to the DPP include failure to furnish donation and expenses statements, certificates of monetary donations or statements from a financial institution by the statutory deadline. No specific details were given regarding the 25 files.

The Sipo report provides information on election spending disclosed by candidates and political parties, the reimbursement of some expenses, and the disclosure of donations by unsuccessful candidates.

The "Pro Life Campaign" was listed in the report as an "other person", incurring expenses of €37,345. An other person is defined as somebody "who intends to incur expenses at the election to promote or oppose a candidate or a political party", other than candidates, election agents or national agents of political parties. Enoch Burke (with expenses of €633) and Josiah Burke (€1,062) were also listed as other persons.

Election expenses of just over €7.3 million were reported by both candidates and parties, a decrease of almost 13 per cent on about €8.4 million in 2016.

Last year 319 candidates qualified for reimbursement of expenses, amounting to €2.5 million, having been elected or received the required percentage of the first preference vote.

Depending on size of constituency, expenditure limits vary from about €30,000 to €45,000. Tipperary was the constituency where most money was spent overall.

Anonymous contributions

Prohibited donations include anonymous contributions of more than €100 and money coming from abroad unless it comes from an Irish citizen or a business with an office on the island of Ireland.

Of the €111,282 in declarable donations disclosed by unsuccessful candidates, the highest amount was reported by former Solidarity - People Before Profit TD Ruth Coppinger at €6,000.

A number of unsuccessful candidates received excess donations, generally where their political party had not registered as a corporate donor and was therefore prohibited from donating in excess of €200. Where excess donations were received from unregistered donors, including a party, the candidate was informed and advised to return the excess amount.

The top spenders listed in relation to the overall reported expenditure by political parties were Fianna Fáil and Fine Gael (€2.21 million and 2.17 million respectively), followed by Sinn Féin (€697,449), Labour (€481,067), and the Greens (€316,808).

However, in terms of spending on candidates Fianna Fail spent far more than any other party (€414,477 compared to €191,481 by Fine Gael, the next highest and the only other party to reach six figure sum expenditure).

Sipo said it was concerned that “front-loading” of campaign expenditure undermines the effectiveness of limits and “may create the perception that accounting for expenditure at elections is little more than a paper exercise”.

“The Commission considers that expenditure on goods, property or services used for electoral purposes in the two to three months leading up to a formal election call could reasonably be construed as intended to elicit support at the election for a candidate or political party and should be included in the reporting of expenses,” it said.