Draft bill aims to overhaul Irish anti-corruption laws

Justice Minister Charlie Flanagan
Justice Minister Charlie Flanagan

A draft bill to overhaul anti-corruption laws has been published by Justice Minister Charlie Flanagan.

The Criminal Justice (Corruption Offences) Bill 2017 follows a series of Government announcements aimed at tackling white collar crime.

The new bill will repeal and replace seven previous Prevention of Corruption Acts dating back as far as 1889, and provides for a number of new offences as well as stronger penalties.

Mr Flanagan (pictured) said: “Corruption undermines social cohesion and equality in society. It attacks the integrity of our democratic institutions, is detrimental to the economy and it demoralises citizens.

“I am delighted to be publishing this Bill today, which has been prioritised by this Government.

“When it is enacted, it will significantly strengthen our capacity to tackle corruption, both in public office and in commercial enterprises.”

The new offences include:

  • The new offence of “trading in influence” will criminalise the bribing of a person who may exert an improper influence over the decision-making of a public or foreign official.
  • It will be an offence for a public official to make use of confidential information acquired in the course of their duties to obtain an advantage, as recommended by the Mahon Tribunal.
  • It outlaws a person giving a gift where the person knows or reasonably ought to know that it will be used to facilitate corruption, also recommended by Mahon.
  • In total, the bill addresses six Mahon Tribunal recommendations.
  • The bill also includes a strict liability offence where a corporation can be liable for the actions of directors, managers, employees or agents who commit a corruption offence for the benefit of the corporation.

    Designed to prevent corruption in corporate bodies, it shall be a defence for a company to prove that it took all reasonable measures and exercised due diligence to avoid the commission of the offence.

    The main corruption offences will carry sentences of up to ten years in prison and unlimited fines. A court may also order that a public official guilty of corruption be removed from their position, and may ban them from seeking certain public appointments for up to ten years.

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