INDEPENDENT TD Michael Lowry was referred to the Director of Public Prosecutions (DPP) for failing to disclose documentation on 2009 donations to the Standards in Public Office Commission on time.
The commission’s annual report on donations disclosed by Oireachtas members revealed the Tipperary North TD submitted the required documentation on Monday March 15th. The deadline was January 31st.
Fianna Fáil Senator John Ellis, from Ballinamore, Co Leitrim, also missed the deadline and submitted the documents on February 26th, while Fianna Fáil Senator Mark Daly, from Kenmare, Co Kerry, did so on March 2nd.
The DPP has been advised of the receipt by the commission of the required documentation relating to the three Oireachtas members, none of whom declared any donations when they submitted the relevant forms.
Mr Lowry yesterday claimed the commission had “made a mistake”.
He said: “They sent the application form by e-mail to me. They asked us why we hadn’t completed part two. It hadn’t come up in the e-mail. We immediately sent it back and were told that was the end of the matter.” However, a spokesman for the commission insisted this was not the case.
“There was no mistake on the part of the standards commission in this process and Deputy Lowry is in error,” he said.
Mr Ellis said: “I wasn’t aware that mine had not arrived. When I was made aware, I immediately forwarded it.” Mr Daly has already said he did not complete the relevant form initially on the grounds that he did not receive any political donations in 2009.
The commission contacted 10 people when they missed the deadline. Seven submitted the relevant documentation quickly, while the outstanding three were referred to the DPP on February 23rd.
The seven were: Minister for Foreign Affairs Micheál Martin, former Fianna Fáil MEP Eoin Ryan, Fianna Fáil Senator Mary White, Fine Gael TD John Perry, Fine Gael Senator Liam Twomey, Labour TD Seán Sherlock and Labour MEP Nessa Childers. Mr Ryan disclosed the largest total donation amount at €22,300 from 16 donors.
Former taoiseach Bertie Ahern disclosed €14,000, with the donor recorded as “Fianna Fáil Dublin Central, St Luke’s, 161 Lr Drumcondra Road, Dublin 9” and the nature and value of the donation described as “use of office”.
Mr Ahern’s constituency colleague, Fianna Fáil TD Cyprian Brady, disclosed €19,000 from the same address.
A donation is defined as any contribution given for political purposes by any person, whether or not the person is a member of a political party. It can include money, property, goods and services.
Labour MEP Proinsias De Rossa disclosed a total of €21,316.47. He refunded €2,500 to a donor whose donation received exceeded the maximum prescribed limit. Labour MEP Alan Kelly disclosed €18,430.
Fianna Fáil MEP Brian Crowley disclosed €9,135, Fianna Fáil TD Dr James McDaid €9,000 for “use of office” and Fianna Fáil Senator Ivor Callely €7,450.
Labour Senator Ivana Bacik disclosed €7,725, Fine Gael MEP Seán Kelly disclosed €5,500 and Green Party leader John Gormley €4,759.76. Independent TD Maureen O’Sullivan disclosed donations to the value of €3,539.48, which included a €2,539.48 cheque from ASTI, the Association of Secondary Teachers Ireland.
According to the commission’s guidelines, the penalty for failing to provide a donation statement and statutory declaration is a fine of up to €1,269.74 and a further fine of up to €126.97 a day for every day after the conviction on which the failure to provide the documentation continues.
Proceedings for the offence may only be instituted by, or with the consent of, the DPP.
The maximum value of donations which an Oireachtas member or MEP may accept from the same donor in one calendar year, either directly or through an intermediary, is €2,539.48. That figure is converted from round figures in Irish pounds.
Anonymous donations, where the name and address of the donor is not known to the recipient, cannot exceed €126.97 in value. Donations of any value cannot be accepted from a person living outside Ireland, unless the person is an Irish citizen.
