Bribery And Corruption 2018

Author:Ms Claire McLoughlin and Karen Reynolds
Profession:Matheson
 
FREE EXCERPT
  1. What is the legal framework (legislation/regulations) governing bribery and corruption in your jurisdiction?

    Common Law Offences

    At common law, it is an offence to offer an undue reward to, or receive an undue reward from, a public official in order to influence that person in the exercise of his or her duties in that office contrary to the rules of honesty and integrity. These common law offences of bribery and attempted bribery are punishable by imprisonment or a fine, or both However, the common law bribery and attempted bribery offences have not been judicially considered in recent times and prosecuting authorities mainly rely on the statutory offences.

    Statutory Offences

    The principal statutory sources of bribery law in Ireland are:

    the Public Bodies Corrupt Practices Act 1889, as amended by the Prevention of Corruption Act 1916 and the Ethics in Public Office Act 1995 (the "Public Bodies Act"). the Prevention of Corruption Act 1906, as amended by the Prevention of Corruption (Amendment) Act 2001 and the Prevention of Corruption (Amendment) Act 2010 (the "Prevention of Corruption Act"). 2. Which authorities have jurisdiction to investigate and prosecute bribery in your jurisdiction?

    The following bodies are mandated to investigate alleged offences under Irish bribery law, relating to both foreign and domestic public officials:

    the Garda National Economic Crime Bureau (this is an office of the Irish police force); the Revenue Commissioners; the Criminal Assets Bureau; and the Office of the Director of Corporate Enforcement. The prosecution of offences is carried out by the Director of Public Prosecutions ("DPP").

    The Standards in Public Office Commission (the "SIPO Commission") is responsible for the investigation of breaches of the Ethics in Public Office Act 1995 (as amended). Following an investigation, the SIPO Commission may make a report to the Director of Public Prosecutions if it is of the opinion that an office holder or public servant the subject of the investigation has committed an offence.

  2. How is bribery defined?

    The Public Bodies Act

    The principal offences under the Public Bodies Act deal with corruption in Irish public office and apply in situations where a corrupt payment is being made to, or for the benefit of, an officeholder, their special adviser, a director, or an employee of an Irish public body. In these cases, it is an offence for a person to:

    corruptly, give, promise or offer, solicit, receive or...

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