Many refer to it as the parties financing law. However, as its full title clearly indicates, Act XXIV of 2015 aims “to regulate the formation, the structures, functioning and financing of political parties and their participation in elections”.
Sadly, it is generally suspected that the law is only respected in its breach. One proviso says: “Political parties shall not receive donations… which are evidently made in the expectation of, or in return for, some specific financial or political advantage…” Only fools and horses will believe that.
The law demands that political parties name individuals and companies donating more than €7,000 and sets the maximum amount of a donation at €20,000.
Many suspect political parties receive far more than those amounts, and their commercial interests provide a good cover for one to be creative and beat the system. Proving that must, admittedly, be easier said than done and the regulator – the Electoral Commission – cannot be said to be very proactive in that sense.
True, it may be handicapped by a Constitutional Court ruling, which found it cannot be both investigator and judge in party-financing issues. However, the 2018 judgment did recognise the Electoral Commission’s duty to keep an eye on political parties in terms of their obligations. The Constitutional Court further noted that political parties are expected to furnish information demanded by law, thus allowing the commission to fulfil its regulatory duty.
However, a political party is quick to seek court redress to defend its rights – as, indeed, the Nationalist Party had done in the case mentioned above – but, oh, so slow in meeting its duties.
The law is clear as to how political parties should accept and receive donations and contributions. Likewise, it clearly lays down certain duties, including in terms of what the treasurer does and how and when accounts are kept and presented for inspection.
Indeed, the Electoral Commission is even bound to make a copy of the audited accounts it received available for public inspection.
It has now emerged that the commission has been repeatedly chasing the party in opposition to submit its accounts and reports of donations. This dates back to January 2022.
Of the two larger political parties, only Labour features under ‘Donation reports’ in the Electoral Commission’s website ‘Statement of accounts and donations reports’ section for 2023. In 2022, Labour features under both parts – accounts and donations – and the Nationalist Party is absent altogether. The same applies for 2021. The Nationalist Party featured in both parts for the year 2020.
The Nationalist Party leader avoided giving a clear reply when asked about this: “On the party’s accounts, we will continue doing our duty as everyone should do,” he said.
People in glasshouses should never hurl stones. Especially a party in opposition, which, rightly and in line with its duty, expects to breathe down the governing party’s neck and insist on it being in full respect of the law.
If the Nationalist Party wants to ensure standards in public life are high, it has no option but to lead by example, good example.
Not to say anything, of course, about the questions politicians from the two main parties have faced with regard to tax and asset declaration issues.
The first imperative for political parties, leaders and officials is to have their house in order.
It is only with a clear conscience that they can demand the highest standards from adversaries.