The Standards in Public Office Commission recently rejected an application by me, amongst others, for an investigation of the Your Country Your Call competition and lobbying effort.
You can read their rejection, and my analysis of its shortcomings in Your Country Your Call: SIPO fail the test.
I wasn’t the only person whose request was rejected and one of the others sent in a request regarding the correct method of lodging an appeal of same.
Most interesting line:
“if you are in a position to provide prima facie evidence that contributions were given to An Smaoineamh Mór by the donors, for political purposes, the Commission will be prepared to pursue the matter further.”
This is the full response they got, with personal information redacted, reproduced with their permission.
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Subject: An Smaoineamh Mór and third parties
Electoral Act 1997, as amended (the Act) and An Smaoineamh Mór
Dear Sir
I refer to your email of 28 October 2010 to [official A] asking to whom you should direct an appeal against the decision that it is not necessary for An Smaoineamh Mór to register as a third party, if you should decide to make such an appeal. The matter was referred to the Commission again recently, hence the delay in replying to your email. The Commission has confirmed its previous decision.
To recap, [official A] had informed you that, following a thorough examination of the matter, the Standards Commission was satisfied that contributions received by An Smaoineamh Mór were neither given nor received for political purposes.
A “third party” is defined by the Electoral Act 1997, as amended, as any person, other than a political party or candidate at an election, who accepts, in a particular year, a donation the value of which exceeds €126.97. A “donation” is defined as any contribution given for political
purposes, etc. “Political purposes” includes “(iv) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a policy or policies or functions of the Government or any public authority;”
In accordance with section 23C of the Electoral Act 1997, a third party is required to register with the Commission if it receives a donation exceeding €126.97. It is clear that donations must be given for political purposes before the recipient is required to register as a third party.
No evidence has been produced that money received by An Smaoineamh Mór was given for political purposes. An Smaoineamh Mór has rejected the suggestion that donations were given to it for political purposes. Without evidence to support the contention that donations were given to An Smaoineamh Mór for political purposes, there are no grounds for pursuing this matter further.
I wish to advise you that the decision of the Commission is final. There is no appeal against its decision. However, if you are in a position to provide prima facie evidence that contributions were given to An Smaoineamh Mór by the donors, for political purposes, the Commission will be prepared to pursue the matter further.
Yours sincerely
Official B
Standards Commission Secretariat