30 March 2022
The government has knowingly missed an opportunity to fix an anomaly in Irish law which means community groups or volunteer organisations could be prosecuted for normal fundraising work. Speaking following the publication of the Electoral Reform Bill, the Executive Director of the Irish Council for Civil Liberties branded the Bill a “wasted opportunity” to address unfair restrictions on charities and NGOs:
“We are in the bizarre situation where a community group set up to oppose, for example, the building of an oil refinery, could find themselves brought to court for seeking donations above a certain amount, but the company building the refinery can spend as much as it wants to influence the government. The government could have fixed this critical issue, which they have been aware of for years, while developing this Bill but have instead wasted the opportunity”
The wording of the 1997 Electoral Act means that organisations who lobby the government for social change are subject to the same restrictions as political parties with respect to donations and finances. These restrictions have meant that community organisations campaigning for equality or protection of the environment have been threatened with court action and have been forced to return donations. These same restrictions do not apply to commercial interests seeking to influence public policy.
Mr Herrick continued:
“We welcome some positive measures in the Bill, such as the plans to establish an electoral commission. However, they will be of little comfort to voluntary groups who have had to restrict their work because of the unfair rules which mean that political financing laws apply in appropriately to them.”
The Oireachtas Committee on Housing, Heritage and Local Government recommended that the issue be addressed as part of the pre-legislative scrutiny process in August 2021. Despite the cross-party support for change, the government have ignored the recommendation.
ENDS/
The Irish Council for Civil Liberties (ICCL) is Ireland’s oldest independent human rights campaigning organisation. We monitor, educate and campaign to secure human rights for everyone in Ireland.
For comment: Liam Herrick
For media queries: sinead.nolan@iccl.ie