Corporations in firing line if staff act corruptly
The robust anti-corruption legislation signed into law over the summer front-loads tough penalties of up to ten years’ imprisonment for bribery offences.
The Criminal Justice (Corruption Offences) Act 2018 was signed into law at the end of July. Justice Minister Charlie Flanagan described it as a “complete overhaul” of Ireland’s anti-corruption laws.
As well as a ten-year sentence, those convicted of corruption under the new law face immediate dismissal from office in the case of public servants or elected politicians.
Convicted public officials face a ten-year ban from seeking office as well as an unlimited fine and seizure of the bribe.
The Act also introduces a new corporate liability offence if a staff member acts corruptly. The corporation can offer a due diligence defence and seek to prove that it took reasonable steps to prevent such acts.
Rigorous checks
Thus the Act aims to incentivise rigorous checks and balances to prevent corruption at corporate level.
Six Mahon Tribunal recommendations have been enacted in relation to corruption and the Act also brings Ireland into line with EU, OECD, Council of Europe and UN provisions.
The new law encompasses
- active and passive trading in influence
- corrupt acts in relation to public offices
- the giving of a gift, consideration or advantage knowing that it will be used to commit a corruption offence
- the creation or use of false documents
- intimidation where a threat of harm is used instead of a bribe
- the presumption of corrupt gifts extended to connected persons
- failure to disclose or return a donation
- seizure and forfeiture of bribes