Donations to TDs, Senators and MEPs 2015

disclosed to the Standards in Public Office Commission pursuant to section 24 of the Electoral Act 1997, as amended.

Report by the Standards in Public Office Commission to the in accordance with section 4(1) of the Electoral Act 1997

May 2016

Standards in Public Office Commission 18 Lower Leeson Street 2 D02HE97 Telephone: (01) 6395666 E-Mail: [email protected] Website: www.sipo.ie Twitter: @SIPOCIreland

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Contents

Foreword…………………………………………………………………………………...3

Chapter 1 Introduction………………………………………………………………..4

Chapter 2 General information relating to donations……..……………………….5

Chapter 3 Donations disclosed…………………………….……….…………...... 6

Chapter 4 Donor statements………………………………………………………...8

Chapter 5 Publication of donation statements furnished to the Standards Commission………………………………………………………………..9

Appendices

Appendix 1 Donations disclosed by Members………………………………10

Appendix 2(a) Donations disclosed by Section 24(1A) donors – listed by party………………………………………………………………..13

Appendix 2(b) Donations disclosed by Section 24(1A) donors – listed by donor…………………………………………………………….…14

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Foreword

I am pleased to furnish this report to the Ceann Comhairle in accordance with the provisions of section 4(1) of the Electoral Act 1997, as amended (the Act). The donation statements/statutory declarations described in the report were furnished to the Standards in Public Office Commission pursuant to section 24 of the Act. The certificates of monetary donations/statutory declarations and statements from financial institutions were furnished pursuant to section 23B of the Act.

______Justice Daniel O’Keeffe Chairperson May 2016

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Chapter 1 Introduction

In accordance with the provisions of Part IV of the Act, each person who, in the preceding year, was a Member of Dáil Éireann (TD), a Member of Seanad Éireann (Senator) or a Member of the European Parliament (MEP) is required, by 31 January each year, to furnish to the Standards Commission a donation statement/certificate of monetary donations/statutory declaration and, where appropriate, a bank statement in respect of the previous year.

Section 4(1) of the Act requires the Standards Commission to consider every statement and notification furnished to it in relation to political donations and, where it considers it appropriate to do so, to furnish a report in writing to the Ceann Comhairle on any matter arising.

This report concerns the statutory returns furnished in respect of the year 2015. Those required to provide a donation statement in respect of 2015 include -

 members of both Houses of the and MEPs who were members in 2015.

In accordance with section 4(5) of the Act the Commission's report must be laid before each House of the Oireachtas.

The relevant details relating to donations disclosed are given in the Appendices.

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Chapter 2 General information relating to donations

The Standards Commission had previously published guidelines for TDs, Senators and MEPs on donations setting out the requirements relating to various matters such as the acceptance and disclosure of donations, prohibited donations and political donation accounts. These are available on the Commission's website - www.sipo.ie

The following is a summary of relevant useful information.

Relevant amounts

On receipt of a donation of this value, a political donations account must €100 be opened (if one has not already been opened) by a TD, Senator or MEP. €100 An anonymous donation exceeding this amount cannot be accepted. Maximum cash donation (i.e. hard cash) that may be accepted by a TD, €200 Senator or MEP in any calendar year from a donor. Maximum donation that may be accepted by an accountable person (a TD, Senator, MEP, candidate at a Dáil, Seanad or European election, €200 political party, third party or accounting unit of political party) in any calendar year from a corporate donor unless the corporate donor is registered in the Register of Corporate Donors maintained by the Commission. Maximum aggregate donation that a company, trade union, society or building society can give before reporting it in annual returns made €200 under the Companies Act 1963, or to the Registrar of Friendly Societies or the report of a building society (under the Building Societies Act 1989). All donations received by a TD, Senator or MEP exceeding this amount €600 must be disclosed on the Donation Statement. Maximum donation that may be accepted by a TD, Senator or MEP in a €1,000 particular year from a person. Maximum donation that may be accepted by a political party, accounting €2,500 unit of a political party or a third party in any calendar year from an individual or a registered corporate donor in any calendar year.

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Chapter 3 Donations disclosed

The tables in the Appendices provide summaries of donations disclosed. The individual donation statements are on the Commission's website - www.sipo.ie.

A total of 238 Members or former Members were required to furnish donation statements in respect of 2015, as follows –

 166 TDs  *60 Senators  11 MEPs

*Former Senator Jimmy Harte is not included - the Commission accepts that he is not in a position to complete his return.

Late Filing of Returns

The 237 members should have furnished their donation statements by 31 January 2016. 234 members had fully complied with the statutory requirements by 9 February 2016. However 3 members had still not complied with their statutory requirements by this date and these are listed hereunder:

No documentation received Date documentation Party by 9 February 2016 submitted

Fine Gael Senator Cáit Keane 10 February 2016

Labour Party Senator James Heffernan 08 March 2016

Sinn Féin Senator Kathryn Reilly 28 February 2016

Sections 25(1)(c) and 25(2)(c) of the Act provide that a member who fails to return the donation statement/statutory declaration and certificate of monetary donations/statutory declaration, along with a statement from a financial institution by 31 January shall be guilty of an offence. Where a person is guilty of an offence under this section, the person shall be liable on summary conviction to a fine not exceeding €2,500 and to an on-going fine not exceeding €500 per day for each day, after a conviction, on which the statutory returns are still outstanding.

As all of those listed above have now complied with the legislative provisions, no files were sent to the Gardaí for prosecution.

Sections 23A(1)(i) and (ii) of the Act provide that where a donation exceeding the permissible limit is received then the donation must, within fourteen days of receipt,

6 be returned to the donor or, if it is a monetary donation, the part of it exceeding the limit must be returned to the donor. A written record of the return must be kept for the purpose of it being furnished to the Standards Commission, if required; or the recipient of the donation must, within fourteen days of receipt, notify the Standards Commission of receipt of the donation and remit the donation or the value thereof to the Standards Commission. In the case of a monetary donation, the part of it exceeding the limit must be remitted.

Mr Aodhán Ó Riordáin received a cash donation in excess of the limit of €200. He was informed that he was required to refund to the donor the excess donation of €800 and he has provided proof to the Commission that he has done so.

Mr Gerald Nash received a donation from a company that was not registered with the Commission as a corporate donor. He was informed that he could not accept a donation in excess of €200 from a corporate donor unless it was registered in the Register of Corporate Donors maintained by the Standards Commission. He has provided proof to the Commission that he returned the full amount of the donation to the donor.

The table in Appendix 1 shows that net donations with a total value of €33,870 were disclosed by Members in respect of 2015. The donation statements furnished by Mr Paschal Donohoe, TD and Mr , TD, disclosed donations from persons who were not resident in the island of Ireland. The Members confirmed that the donors in question are Irish citizens.

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Chapter 4 Donor Statements

Section 24(1A) of the Act provides that an individual must furnish a donation statement/statutory declaration to the Standards Commission, if he/she, in a particular year, makes donations exceeding €1,500 in aggregate value to two or more persons who were members of the same political party when the donations were made, or to a political party and to one or more of its members. The donation statement must give details of the donations and the persons to whom they were made and must be furnished by 31 January of the following year.

If a donor does not intend to comply with this requirement and a Member or a party is aware of this, he/she is prohibited from accepting a donation from that individual.

Three donation statements from individual donors were received in respect of 2015. The table in Appendix 2 sets out the details of the donations disclosed. Donations with a total value of €10,494 were disclosed by the three donors in respect of 2015.

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Chapter 5 Publication of Donation Statements furnished to the Standards Commission

The donation statements/statutory declarations are being laid today by the Standards Commission before each House of the Oireachtas, pursuant to section 24(7)(a) of the Act.

The donation statements/statutory declarations received are now available for public inspection and copying at the offices of the Standards Commission and are also on the Commission's website. A copy of this report and accompanying press release are also available on the website - www.sipo.ie.

Certificates of monetary donations and accompanying bank statements are not required to be laid before the Houses and are not available for public inspection.

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Appendix 1 - Donations disclosed by Members Total value of Party Member Donor donations € Michael Howard Fianna Fáil Senator Darragh O’Brien 4 Church Road, Malahide, 1,000 Co.Dublin Jacqueline Howard 4 Church Road, Malahide, 1,000 Co.Dublin *Fianna Fáil Micheál Martin TD 1,000 65/66 Mount Street, Dublin 2

Joseph Kenny 1,000 Senator Michael D’Arcy Mount St.Benedict,

Gorey,Co.Wexford Mark Walsh Four Greenfields, Ballyscavtin, 1,000 Gorey, Co.Wexford Alan Walsh Milestone House, Barnadown, 1,000 Gorey, Co. Wexford Harry Crosbie 1,000 7 Hanover Quay, Dublin 2 Walter Hobbs 17 Knocksinna Park, 1,000 Foxrock, Dublin 18 Fergus Flanagan ChurchRoad, Ballynaglugh, 1,000 Blackwater, Enniscorthy,Co.Wexford Thomas G Lynch San Marco, Brighton Road, 1,000 Foxrock, Dublin 18 David Hourihan 10 Seamount Abbey, Malahide, 1,000 Co.Dublin Vincent O'Reilly Adelaide, Kerrymount Ave, 1,000 Foxrock, Co.Dublin Rita Fox, Rumcove, Kilpatrick, 1,000 Gorey, Co. Wexford Senator Fidelma Healy Ray Donnelan, 1,000 Eames Whitestrand, Galway James M.Sheehan 800 c/o Galway Clinic, Galway City James Browne TD Stella Doradus 1,000 Coolfin, Portlaw, Co. Waterford Michael McNally Paschal Donohoe TD 2 Cloncurry Street, London, 1,000 SW6DR, England

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Lorcan Patrick Cleary 1 Steeple Close, Wimbledon, 1,000 SW19 5AD, England Shane O'Gorman 2 Castlepark Residence, 1,000 Castlepark Road, Dalkey, Co. Dublin Ronan Donohoe 71 Portland Road, London, W11 1,000 4LJ England Ross Niland 56 Warren House, London, W14 1,000 8TT England Patrick Keenan TD 5 Scotstown Road, 1,000 Mullaghon,Monaghan John Kiernan Joe O'Reilly TD Ballinamoney, 667

Bailieborough,Co.Cavan Kevin Kiernan Ballyheelan, Kilnaleck, Co. 667 Cavan Brendan Kiernan 667 Ballyconnell, Co. Cavan Michael Maguire 667 Virgina, Co. Cavan Gerard Reynolds 601 Carrick on Shannon, Co.Leitrim Eirinn Mc Kiernan 11 Thomas Ashe Street, Cavan 601 Town Michael Madden Alan Kelly TD 10 Graham Court, RYE, NY 1,000 10580, USA Declan Kelly Castletown, Portroe, Nenagh, 1,000 Co. Tipperary DHR Communications LTD, 750 Gerald Nash TD 80 Francis Street, Dublin 6 (returned) Mr and Mrs O’Reardon 1,000 Aodhán Ó Ríordáin TD 133 Biscayne, Malahide, (800 Co. Dublin returned)

*Transport Salaries Staffs Association, Brendan Ryan TD Nerneys Court, Off Temple 1,000

Street, Dublin 1 Paschal McCormack TD 325 Grace Park Manor, 1,000 Dublin 9

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Michael Chadwick Rocky Valley Drive, Social Democrats Róisín Shortall TD 1,000 Killmacanogue, Co.Wicklow Michael Chadwick Rocky Valley Drive, TD Killmacanogue, 1,000 Co.Wicklow

Michael Naughton 5 Burnaley Woods, Greystones, 1,000 Co.Wicklow Michael Chadwick Rocky Valley Drive, Catherine Murphy TD 1,000 Killmacanogue, Co.Wicklow

35,420 -750

-800 Total 33,870

*Registered Corporate Donor

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Appendix 2(a) - Donations disclosed by Section 24(1A) Donors – listed by party Total Recipient value of Recipient of donation Donor Party donations € Mr Declan Kelly Labour Alan Kelly TD 1,000 Castletown, Portroe, Nenagh, Co. Tipperary Mr Michael Madden 10 Graham Court, Rye, New York 10580, 1,000 USA Mr Declan Kelly Labour Party Tipperary 1,000 Castletown, Portroe, Nenagh, Co. Tipperary Mr Declan Kelly 499 Castletown, Portroe, Nenagh, Co. Tipperary Mr Michael Madden 10 Graham Court, Rye, New York 10580, 1,000 USA Mr Michael Madden 10 Graham Court, Rye, New York 10580, 495 USA

Michael Chadwick Social Stephen Donnelly TD Carrigoona House, Rocky Valley Drive, 1,000 Democrats Kilmacanogue, Co. Wicklow

Michael Chadwick Catherine Murphy TD Carrigoona House, Rocky Valley Drive, 1,000 Kilmacanogue, Co. Wicklow Michael Chadwick Róisín Shortall TD Carrigoona House, Rocky Valley Drive, 1,000 Kilmacanogue, Co. Wicklow Michael Chadwick Social Democrats Party Carrigoona House, Rocky Valley Drive, 2,500 Kilmacanogue, Co. Wicklow

TOTAL 10,494

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Appendix 2(b) - Donations disclosed by Section 24(1A) Donors – listed by donor Total value of Donor Recipient Party Recipient of donation donations € Mr Declan Kelly Labour Alan Kelly TD 1,000 Castletown, Portroe, Labour Party Tipperary 1,000 Nenagh, Co. Tipperary Labour Party Tipperary 499

Mr Michael Madden Labour Alan Kelly TD 1,000 10 Graham Court, Rye, Labour Party Tipperary 1,000 New York 10580, USA Labour Party Tipperary 495

Michael Chadwick Social Democrats Social Democrats Party 2,500 Carrigoona House, Rocky Valley Drive, Stephen Donnelly TD 1,000 Kilmacanogue, Co. Wicklow Catherine Murphy TD 1,000

Róisín Shortall TD 1,000

TOTAL 10,494

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