Criminal Justice (Corruption Offences) Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 9/2018
• Year: 2018

Number 9 of 2018
CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018
CONTENTS
PART 1
Preliminary and General
1. Short title and commencement
2. Interpretation
3. Regulations
4. Repeals
PART 2
Corruption Offences
5. Active and passive corruption
6. Active and passive trading in influence
7. Corruption in relation to office, employment, position or business
8. Giving gift, consideration or advantage that may be used to facilitate offence under this Act
9. Creating or using false document
10. Intimidation
PART 3
Corruption Occurring Partly in or outside State
11. Corruption occurring partly in State
12. Corruption occurring outside State
13. Location of proceedings relating to offences committed outside State
PART 4
Presumptions Relating to Corruption
14. Presumption of corrupt gift, consideration or advantage
15. Presumption of corrupt donation
16. Presumption of corrupt enrichment
PART 5
Penalties and Enforcement
17. Penalties
18. Offences under this Act and bodies corporate
19. Evidence
20. Seizure of suspected bribe
21. Forfeiture of bribe
22. Application of sections 40, 41, 42 and 45 of Criminal Justice Act 1994 to seized property
PART 6
Miscellaneous
23. Amendment of Criminal Justice Act 1994
24. Amendment of section 16B(1) of Proceeds of Crime Act 1996
25. Amendment of Schedule to Bail Act 1997
26. Amendment of section 6 of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
27. Amendment of section 7 of Criminal Procedure Act 2010
28. Amendment of Schedule 1 to Criminal Justice Act 2011
29. Amendment of Electoral Act 1992
30. Amendment of Seanad Electoral (University Members) Act 1937
31. Amendment of Seanad Electoral (Panel Members) Act 1947
32. Amendment of European Parliament Elections Act 1997
33. Amendment of section 16(1) of Local Government Act 2001
34. Saver
SCHEDULE 1
Irish Public Bodies
SCHEDULE 2
Enactments Repealed
Acts Referred to
Bail Act 1997 (No. 16)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Act 2014 (No. 38)
Coroners Act 1962 (No. 9)
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)
Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)
Criminal Justice Act 1994 (No. 15)
Criminal Justice Act 1999 (No. 10)
Criminal Justice Act 2011 (No. 22)
Criminal Procedure Act 2010 (No. 27)
Defence Act 1954 (No. 18)
Electoral Act 1992 (No. 23)
Electoral Act 1997 (No. 25)
Ethics in Public Office Act 1995 (No. 22)
European Communities Act 1972 (No. 27)
European Parliament Elections Act 1997 (No. 2)
Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7)
Local Government Act 2001 (No. 37)
Merchant Shipping (Registration of Ships) Act 2014 (No. 43)
Misuse of Drugs Act 1977 (No. 12)
Official Secrets Act 1963 (No. 1)
Planning and Development Acts 2000 to 2016
Prevention of Corruption (Amendment) Act 2001 (No. 27)
Prevention of Corruption (Amendment) Act 2010 (No. 33)
Prevention of Corruption Act 1906 (6 Edw. 7, c. 34)
Prevention of Corruption Act 1916 (6 & 7 Geo. 5, c. 64)
Prevention of Corruption Acts 1889 to 2010
Proceeds of Crime (Amendment) Act 2005 (No. 1)
Proceeds of Crime Act 1996 (No. 30)
Public Bodies Corrupt Practices Act 1889 (52 & 53 Vict., c. 69)
Seanad Electoral (Panel Members) Act 1947 (No. 42)
Seanad Electoral (University Members) Act 1937 (No. 30)
Number 9 of 2018
CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018
An Act to amend the law regarding the prevention of corruption (including offences relating to corruption) and, in doing so, to give effect to the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union done at Brussels on 26 May 19971 , the Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on 21 November 1997, the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 27 January 1999, the Additional Protocol to the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 15 May 2003 and the United Nations Convention Against Corruption done at New York on 31 October 2003 and to give partial effect to Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 20172 on the fight against fraud to the Union’s financial interests by means of criminal law; for that purpose, to repeal the Prevention of Corruption Acts 1889 to 2010 and to provide for consequential amendments to other enactments; and to provide for related matters.
[5th June, 2018]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title and commencement
1. (1) This Act may be cited as the Criminal Justice (Corruption Offences) Act 2018.
	(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
		Interpretation
2. (1) In this Act—
	“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act;
	“consideration” includes valuable consideration of any kind;
	“corruptly” includes acting with an improper purpose personally or by influencing another person, whether—
	(a) by means of making a false or misleading statement,
	(b) by means of withholding, concealing, altering or destroying a document or other information, or
	(c) by other means;
	“court”—
	(a) in relation to the State, includes a court-martial, and
	(b) in relation to any other state, includes a military court by whatever name called;
	“director” means—
	(a) in relation to a company, a director within the meaning of the Companies Act 2014 , and
	(b) in the case of an Irish public body that is not a company, a person who is a member of the body or a member of a board by whatever name called that controls, manages or administers the body;
	“enactment” means a statute or an instrument made under a power conferred by statute;
	“foreign official” means—
	(a) a member of the government of any other state,
	(b) a member of a parliament, regional or national, of any other state,
	(c) a member of the European Parliament other than a person who is such a member by virtue of the European Parliament Elections Act 1997 ,
	(d) a member of the Court of Auditors of the European Union,
	(e) a member of the European Commission,
	(f) a public prosecutor in any other state,
	(g) a judge of a court in any other state, including a coroner’s court by whatever name called,
	(h) a judge of a court established under an international agreement to which the State is a party,
	(i) a member of a jury in court proceedings (whether criminal or civil), including an inquest in relation to the death of a person, in any other state,
	(j) an arbitrator, including any member of an arbitral board, panel or tribunal, in arbitral proceedings not governed by the law of the State,
	(k) a member of, or any other person employed by, or acting for or on behalf of, an organisation or body established under an international agreement to which the State is a party,
	(l) any other person employed by or acting on behalf of the public administration of any other state, including a person under the direct or indirect control of the government of such a state, or
	(m) a member of, or any other person employed by, or acting for or on behalf of, an international organisation established by an international agreement between states to which the State is not a party;
	“Irish official” means—
	(a) a member of Dáil Éireann,
	(b) a member of Seanad Éireann,
	(c) a member of the European Parliament who is such a member by virtue of the European Parliament Elections Act 1997 ,
	(d) the Attorney General,
	(e) the Comptroller and Auditor General,
	(f) the Director of Public Prosecutions,
	(g) a judge of a court in the State,
	(h) an arbitrator, including any member of an arbitral board, panel or tribunal, in arbitral proceedings governed by the law of the State,
	(i) a member of a jury in court proceedings (whether civil or criminal) in the State or in an inquest held under the Coroners Act 1962 ,
	(j) an officer, director, employee or member of an Irish public body (including a member of a local authority),
	(k) any other office holder appointed under an enactment who is remunerated out of moneys provided by the Oireachtas and who is independent in the performance of the functions of that office, or
	(l) any other person employed by or acting for or on behalf of the public administration of the State;
	“Irish public body” shall be construed in accordance with Schedule 1 ;
	“local authority” means a county, city or city and county council within the meaning of section 2 of the Local Government Act 2001 ;
	“Minister” means the Minister for Justice and Equality;
	“official” means an Irish official or a foreign official;
	“prescribed” means prescribed by regulations made by the Minister under section 3 ;
	“seized property” shall be construed in accordance with section 20 ;
	“state”, in relation to a state other than the State, includes—
	(a) a territory, whether in the state or outside it, for whose external relations the state or its government is wholly or partly responsible,
	(b) a subdivision of the government of the state, and
	(c) a national, regional or...