Amnesty takes aim at Sipo ban on foreign cash
A BLANKET ban on receiving foreign money for political campaigning is damaging Irish citizens’ rights to freedom of expression, a new report from Amnesty International Ireland has claimed.
Under Irish law, non-governmental organisations (NGOs) are not allowed receive money from overseas donors for political campaigns, including elections or referendums under Section 23 A2 of the 1997 Electoral Act.
However, yesterday, the human rights organisation said the law was having the unintended consequence of stopping public interest campaigns being run by NGOs. In its annual review of human rights in Ireland, Amnesty said: ‘There was concern at the growing impact of the Electoral Act 1997 on civil society organisations’ funding.
‘The Act imposes a blanket ban on overseas donations, and severe limits on domestic donations, for campaigning for ‘political purposes’.
‘This is so broadly defined that it can include the general advocacy work of a wide range of human rights and other organisations, and outside elections or referendum periods.
‘It also carries burdensome reporting requirements. Failure to comply with these limits and requirements is a criminal offence.’
Earlier this year, Amnesty International won a high-profile court battle against the Standards in Public Office Commission (Sipo) in connection with a donation they received from abroad in connection with their campaign to remove the Eighth Amendment on abortion.
It took the challenge after Sipo ordered it to return a donation of €137,000 from billionaire George Soros’s Open Society Foundation for a campaign to increase support for a referendum to repeal the Eighth.
As part of that settlement, the High Court heard that Sipo now accepts that its decision that the donation was for political purposes and must be returned was ‘procedurally flawed’.
Sipo also read out a letter to Justice Séamus Noonan, stating that it ‘considers it appropriate to consent to the order quashing the decision’.
The letter stated that: ‘Arising from third-party complaints, the Commission made inquiries with Amnesty in relation to the OSF grant. Sipo acknowledges that Amnesty co-operated fully with the Commissioner and responded to these inquiries.’
The review also said that a report published in January, by EU Fundamental Rights Agency on civil society freedoms, also had concerns with the Electoral Act.
It found the that investigations carried out by Sipo were often as a result of complaints.
It also warned that the blanket ban on funding from organisations abroad could have a negative impact on organisations such as Amnesty, because most of the funding involved comes from international trusts and foundations.
Yesterday’s Amnesty report also notes changes in treatment of sexual assaults.
‘In September, the Minister for Justice and Equality published Terms of Reference for a review of the investigation and prosecution of sexual offences, with a report due by 31 December 2018 or the earliest thereafter,’ it stated.
‘The review flowed from concerns expressed about protections offered to victims in sexual offences investigations and trials.’
The review mentioned in this regard the recent controversy surrounding a Cork rape trial, in which a female barrister referred to the type of underwear the complainant was wearing when she met the accused.
In addition, the review referenced the referendum on the removal of the criminal offence of blasphemy from the Constitution.
It said: ‘In October, a referendum to remove the criminal offence of blasphemy from the Constitution was passed by a two-thirds majority popular vote.
‘The offence is provided for in the Defamation Act 2009, where it carries a possible fine of €25,000.
‘While there have been no prosecutions under this Act, it had long caused concerns about its impact on freedom of expression.
‘Now that the constitutional provision on blasphemous matter has been deleted, the Government is free to remove the offence from the 2009 Act and has committed to doing so,’ the review stated.
‘Impact on civil society groups’