Legal Challenge to Electoral Acts

national | rights, freedoms and repression | press release Tuesday May 22, 2007 12:38 by Michael Smith - HEAT michaelsmith at eircom dot net

HEAT to litigate anti-democratic restrictions on NGOs

HEAT, a Company campaigning on global warming, has issued legal proceedings against the Electoral Act 1997 for unconstitutionally restricting the rights of Non-Governmental Organisations (i.e. Campaigners) to campaign.

HEAT, a company campaigning on the issue of global warming, today issued proceedings by plenary summons in the High Court against the Electoral Act 1997. Michael Smith, a director of HEAT, claimed the Act had a “chilling effect on democracy by sowing confusion among NGOs about whether they can take donations and whether they need to register as “a third party”". This prevented HEAT from participating in the general election to the extent it wished. The Act restricts the amount a Company can receive for political purposes from any donor to €6,349. But it is not clear what “political purposes” means and many NGOs are loth to accept donations above this amount for that reason. The plenary summons grounding the legal action claims that sections 25, 23 A, and 23 C of the Electoral Act 1997 are unconstitutional. Section 25 creates a criminal offence if monies above this amount given to NGOs for political purposes are not returned to the donor. Section 23A prohibits the receipt of more than €6349 annually by NGOs for political purposes. Section 23C requires NGOs to register with the Standards in Public Office Commission as “third parties” if they accept over 130 Euro for political purposes. HEAT is seeking a declaration that the Oireachtas acted unconstitutionally by creating a vague standard to which criminal sanction applies and which places the Plaintiff and other like bodies in a position of not knowing whether the acceptance of financial donations for the purposes of promoting its views in the public domain will, or will not attract criminal sanction. HEAT is also seeking a declaration that the Oireachtas acted unconstitutionally in making the rules because they restrict freedom of association and freedom of expression.

Michael Smith said that the legislation discriminated against NGOs and in favour of companies like Ryanair which campaigned on global warming issues with absolutely no restriction but could claim that their funding was not covered by the Act since it was given, nor for political purposes but as shareholders funds or air fares. He also said that while restrictions on donations to politicians probably make sense, since politicians may be compromised in their decision-making by big donations, restrictions on donations to NGOs do not pose such potential compromises.

The members of HEAT are Michael Smith, Robert Ryan, James Nix, Gavin Harte, Marina Mitrovic, Mark Durkan, Jane McGovern, Andrew Legge. HEAT is a non-partisan Company Limited by Guarantee seeking to raise the profile of global warming and campaigning for government to legislate to reduce greenhouse gas emissions by 3% annually.

For further information call Michael Smith 0872731999