The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007

Prospective

EXPLANATORY NOTE

(This note is not part of the Order)

The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 makes provision about donations to parties registered in the Northern Ireland register and any Northern Ireland regulated donee who is either an individual ordinarily resident in Northern Ireland or a members’ association wholly or mainly consisting of members of a Northern Ireland party (“Northern Ireland recipients”) from 1st November 2007.

The requirements of Part 4 of the Political Parties, Elections and Referendums Act 2000 (c.41)(“the 2000 Act”) are disapplied in relation to Northern Ireland until 31st October 2007 by virtue of section 11 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33) (“the 2006 Act”).

From 1st November 2007, Part 4 will apply to Northern Ireland. Consequently, Northern Ireland recipients will be subject to the restrictions on donations and reporting requirements of Part 4 which currently apply to political parties and regulated donees in Great Britain. They will also no longer be able to accept donations from overseas. However, the effect of section 71A and 71B of the 2000 Act, as inserted by the 2006 Act, is to enable Northern Ireland recipients to accept donations from Irish citizens and prescribed Irish bodies which meet prescribed conditions. Part 1 of this Order makes permanent modifications to Part 4 of the 2000 Act to this end. The condition which must be met in relation to Irish citizens is set out in article 3 of this Order. Article 4 sets out the categories of Irish bodies which are able to make donations to Northern Ireland recipients. Schedule 1 to this Order amends Schedule 6 to the 2000 Act to set out the information which must be provided in relation to donations from Irish donors in donation reports which Northern Ireland recipients are required to provide to the Electoral Commission (“the Commission”).

During the period from 1st November 2007 until 31st October 2010 (“the prescribed period”) section 14 of, and Schedule 1 to, the 2006 Act modify the 2000 Act to place a duty on the Commission to verify the information contained in donation reports submitted by Northern Ireland recipients. Part II of this Order sets out the duty of the Commission during the prescribed period. The steps which the Commission must take in relation to donation reports submitted by Northern Ireland recipients are set out in articles 7 to 9 of this Order. The Commission may verify information provided in the donation reports by, for example, checking the register on which an Irish body which has made a donation is listed or contacting the bodies listed in article 11 to whom it is able to disclose information.

Section 71E of the 2000 Act, as inserted by section 14 of and Schedule 1 to the 2006 Act, places a duty of confidentiality on the Commission in relation to information contained in donation reports from Northern Ireland recipients during the prescribed period. Under section 71E(4) of the 2000 Act, the Commission is empowered to release information contained in a Northern Ireland report if it relates to a donation which the Commission believes, on reasonable grounds, was a donation from an impermissible or unidentifiable donor which was required to be dealt with in accordance with section 56(2) of the 2000 Act. Article 10 sets out the requirements in accordance with which such information must be released.