Rights groups issue joint call for electoral law reform

The Irish Council for Civil Liberties (ICCL), Amnesty International and Transparency Ireland said the Electoral Act 2001 is fundamentally flawed because it defines “political purpose” too broadly.

In the joint letter, the groups said the legislation, “if applied as written”, would “close down many civil society organisations that advocate for social justice and that hold our political system to account” and “make the State almost immune to challenge by groups of people who are affected by the decisions it makes”.

They point out that civil society organisations are already subject to the Regulation of Lobbying Act 2015 and have suggested the Electoral Act 2001 should only apply to civil society during elections and referendums.

The letter states: “Rather than ‘weakening’ the law, our suggested change would strengthen democracy and ensure that Ireland complies with its international human rights and anti-corruption obligations, both of which commit Ireland to promoting the participation of civil society in government decision-making.”

In July, Amnesty International settled a court case with the Standards in Public Office Commission (SIPO) over a €137,000 donation which the watchdog said breached electoral legislation.

As part of the settlement agreement, the High Court heard that SIPO now accepts its decision that the donation was for political purposes and must be returned was “procedurally flawed”.