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Public ethics watchdog SIPO could not probe undeclared donations to Paschal Donohoe last year

By the time the electoral statements had been amended, the statute of limitations had run out for the Commission.

THE PUBLIC ETHICS watchdog could not follow up on reports of undeclared donations received by Minister for Public Expenditure Paschal Donohoe from the 2016 general election as too much time had passed.

Last year, Donohoe had to make amendments to his electoral statements – given to the Standards in Public Office Commission (SIPO) after every election – after it was revealed he did not report a donation worth more than €1,000.

The donation was made in the form of postering work, carried out on behalf of local Dublin businessman Michael Stone.

Previously unreleased internal briefs have now revealed that Sipo could not commence prosecution proceedings under the Electoral Act as investigations or follow ups cannot take place more than five years after an offence was alleged to have happened.

An internal briefing said: “As such, several potential offences relating to the 2016 election are statute barred.”

It said however that similar undeclared donations from the 2020 general election – again relating to postering work by Stone – could be pursued.

The briefing said these could be “prosecuted on indictment” but would have to be brought through the courts and proven “beyond reasonable doubt.”

A second course of action was detailed where the undeclared donations would be dealt with by way of complaint to SIPO.

The briefing document said: “The Commission previously received legal advice that it could carry out a similar information-gathering exercise using implied powers to ensure constitutional procedural fairness.”

It also advised there were “more limited grounds” available where SIPO could decline to investigate a complaint. This included a scenario where the subject matter “is not, in the opinion of the Commission, of sufficient gravity to warrant investigation”.

Donohoe was later informed by SIPO no further action would be taken and that amendment of his election returns was consistent with their approach to compliance.

During the period in which the investigation took place, Donohoe had to recuse himself from ministerial duties relating to the Standards Commission. He also made statements and apologies to the Dáil.

The briefing documents were only released by SIPO under FOI laws following an appeal to the Information Commissioner.

However, they provide no significant clarity on how the decision was made not to go ahead with action over the undeclared donations.

The postering work came to light following a complaint by the journalist Liam Deegan.
It led to the disclosure by Donohoe that a commercial van was used during his election campaign in 2016.

This was provided along with the labour of six individuals and was later said by the minister to have a value of €1,057.

At the time, Donohoe said: “I always hold myself to the very highest of professional standards and I profoundly regret that this matter wasn’t dealt with correctly in 2016.

“In light of the information that’s now available to me, I’ve taken the steps to address the issue as comprehensively as I can.”

It also emerged that further undeclared work was carried out on behalf of Minister Donohoe during the 2020 general election.

A SIPO briefing said: “In a statement by [businessman] Michael Stone on 24 January 2023, he claims that he previously incorrectly informed the Minister that he had not provided any assistance regarding the 2020 general election. However, having re-examined the matter he realised this was incorrect.”

Another amended electoral statement was submitted by Minister Donohoe and Fine Gael to include €1,256.20 extra for the “erection of some posters.

Asked about the investigation and their refusal to release documents about it, SIPO said they had no comment

A spokesperson said: “It is the practice of the Standards in Public Office Commission not to comment on individual compliance matters.”

A statement from Donohoe and the Department of Public Expenditure said they had nothing further to add and that SIPO was “independent in the performance of its functions”.

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    Install the app to use these features.
    Mute Tweed Cap
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    Nov 9th 2015, 2:33 PM

    Sure we only love a bit of dishonesty and corruption. We wouldn’t have it any other way.

    188
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    Mute Alien8
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    Nov 9th 2015, 3:34 PM

    Considering that my jeep occasionally spews out tons of smoke and failed the NCT, I have trust that emissions are the most important item thing to Irish lawmakers.

    No, wait – it turns out it failed because the font was the wrong sans serif, the smoke is grand! Now just have to decide to get new licence plates or put €20 in ash tray.

    39
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    Mute Get Lost Eircodes
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    Nov 9th 2015, 6:35 PM

    Apparently in the US VW are going to cough up $500-$750 per customer as compensation for their deception…

    21
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    Mute stoned.walled
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    Nov 9th 2015, 2:34 PM

    Very few people rock up to a dealership and drive out in a new car, they order months in advance, so expect to see a fall of in a few months, particularly 161 regs

    I thought that would be logical enough to realise for a journalist!

    137
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    Mute Carmo Vanderval
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    Nov 9th 2015, 4:36 PM

    When you have to force out a new story every 20 minutes standards inevitably drop.

    38
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    Mute family guy
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    Nov 9th 2015, 11:24 PM

    I very much doubt sales will fall. They are a great car generally.

    11
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    Mute Eddie O'shea
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    Nov 9th 2015, 3:15 PM

    I’d be more inclined to buy a vw now seeing the ingenuity they used to trick the tests

    75
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    Mute Luke Evans
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    Nov 9th 2015, 3:26 PM

    Irish people love German cars. every second car i see nowadays in an Audi, BMW, Merc or VW

    74
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    Mute Carmo Vanderval
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    Nov 9th 2015, 4:38 PM

    I saw you standing out by the M50 there his morning, Luke, Fair play man.

    40
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    Mute Beachmaster
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    Nov 9th 2015, 2:56 PM

    Overpriced, overrated and soulless cars.

    70
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    Mute Big bad bull
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    Nov 9th 2015, 3:20 PM

    Ah but if ya have a tdi, she goes like clappers…

    46
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    Mute brendan H
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    Nov 9th 2015, 4:15 PM

    @beachmaster is that Toyota your talking about the home appliance manufacturer,

    15
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    Mute Get Lost Eircodes
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    Nov 9th 2015, 6:37 PM

    Toyota…as Jeremy Clarkson once said …”as exciting as a hoover”…

    18
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    Mute noel smullen
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    Nov 9th 2015, 8:23 PM

    At least they are not hair dryers!

    2
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    Mute Cal Cryton
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    Nov 9th 2015, 3:55 PM

    Look, the level of emissions from a car is not going to affect my purchasing decision. Amazing how people over-estimate their own impact on the planet. The fact is China is opening enough coal powered power plants every 18 months to replace all the energy produced by the UK and Ireland in a single year. How does THAT impact the environment. I couldnt care less about this issue, UNLESS they also lied about the performance of the car. But there’s no evidence of that.

    52
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    Mute Rodger 5
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    Nov 9th 2015, 2:52 PM

    Best car in the class and will hold its value.

    50
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    Mute Armin Tamzarian
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    Nov 9th 2015, 7:27 PM

    Indeed, I would go as far as saying they are overpriced. ’11′ 12 and ’13 reg passats are a lot more expensive than a similar spec Mondeo with similar milage. I say that as an ex passat owner.

    9
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    Mute Life in no motion
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    Nov 9th 2015, 3:45 PM

    Nothing we love more than bog standard golfs

    I got sick of being asked why I didn’t get a golf when I got a new car last year

    40
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    Mute Darragh DB O'Neill
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    Nov 9th 2015, 2:40 PM

    There’s no official strategy in place but you can really get a good deal from VW at the moment. They will do most anything to keep their market place, even sell out at little to no profit

    40
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    Mute lez ferguson
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    Nov 9th 2015, 3:12 PM

    If people are going to buy cars with the wrong emission levels. Then they should pay the appropriate car tax level for their new higher level.

    36
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    Mute kevinhunt101
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    Nov 9th 2015, 4:45 PM

    It’s nothing to do with co2 levels, they determine the amount of motor tax

    22
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    Mute Limerick Ska
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    Nov 9th 2015, 5:47 PM

    The amount of motor tax you pay for a vehicle registered before July 2008 is proportionate to the size of your vehicle’s engine – in other words, the more powerful your vehicle, the higher the cost of your motor tax. For new cars registered since July 2008, motor tax charges are determined on the basis of CO2 emission bands with lower emissions resulting in lower charges.

    13
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    Mute Paul Doyle
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    Nov 9th 2015, 2:58 PM

    I always liked vw, why they felt they had to do this Wel never know, has me thinking now, ok I can live with them lying about emissions but what if they’re also lying about there safety results”

    34
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    Mute Armin Tamzarian
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    Nov 9th 2015, 7:24 PM

    Well, there is no software that can change the structural integrity of a car when it’s test driven into a wall at 40 mph!

    22
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    Mute Aidan Conheady
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    Nov 9th 2015, 2:43 PM

    I’m surprised that toyota didn’t make an appearance…

    32
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    Mute Martin Hayes
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    Nov 9th 2015, 6:14 PM

    I’ve never before heard so many ads and offers on VWs as I’ve heard in the past few weeks.

    12
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    Mute baz
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    Nov 9th 2015, 4:48 PM

    It probably helps when VW are offering car loans at just 1.9%

    12
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    Mute Joseph Siddall
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    Nov 9th 2015, 7:32 PM

    My new Skoda came with 0% finance. What’s not to like?

    9
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    Mute Get Lost Eircodes
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    Nov 9th 2015, 11:02 PM

    Not available on the new superb that’s what’s not to like :(

    6
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    Mute Martin Mc Donnell
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    Nov 9th 2015, 6:38 PM

    I wonder how many are pre-registrations??? I have heard they have stock piles of registered 151/152 cars up there.

    4
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    Mute Nial de Brun
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    Nov 9th 2015, 7:57 PM

    Might be s good time to buy Volkswagen shares

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    Mute Philip
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    Nov 9th 2015, 9:31 PM

    Looks like Americans are receiving a $1000 in compensation

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    Mute Get Lost Eircodes
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    Nov 9th 2015, 11:03 PM

    Yay €900!!!

    1
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    Mute Marpal
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    Nov 9th 2015, 8:50 PM

    Pre reg… Pre reg…. Pre reg

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    Mute Richard Mccarthy
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    Nov 10th 2015, 1:10 AM

    Yea yea yea

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