Prevention of Corruption (Amendment) Act 2001

Presumption of corruption from failure to disclose political donations.

3

3.—(1) Where in any proceedings against a person to whom this section applies for an offence under the Public Bodies Corrupt Practices Act, 1889, as amended, or the Act of 1906, as amended, it is proved that—

( a) the person received a donation exceeding in value the relevant amount specified in the Electoral Act, 1997, or the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , as appropriate,

( b) the person failed to disclose the donation in accordance with that Act to the Public Offices Commission or the local authority concerned as appropriate, and

( c) the donor had an interest in the person doing any act or making any omission in relation to his or her office or position or his or her principal's affairs or business,

the donation shall be deemed to have been given and received corruptly as an inducement to or reward for the person doing any act or making any omission in relation to his or her office or position or his or her principal’s affairs or business unless the contrary is proved.

(2) This section applies to the following:

( a) a person required by section 24 of the Electoral Act, 1997, to furnish a donation statement to the Public Offices Commission,

( b) a person required by section 13 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , to furnish to the local authority concerned a statement of donations under subsection (1) of that section.

(3) In this section—

“donation”

( a) in relation to persons referred to in section 24 of the Electoral Act, 1997 , has the meaning assigned to it by section 22 of that Act,

( b) in relation to persons referred to in section 13 of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , has the meaning assigned to it by section 2 of that Act;

“donor” means the person who makes a donation or on whose behalf a donation is made.