Bribery and Corruption Offences in Ireland
Ireland’s Corruption Act provides a comprehensive framework for addressing bribery and corruption offences. This article outlines key aspects of the Act, including definitions, defences, penalties, and liability.
Key Bribery and Corruption Offences
The Corruption Act covers several significant bribery and corruption offences:
- Active and Passive Corruption (Section 5): Corruptly offering, giving, or accepting gifts or advantages for performing acts related to one’s office, employment, position, or business.
- Active and Passive Trading in Influence (Section 6): Corruptly influencing others by promising or asserting the ability to improperly influence an official.
- Corruption in Relation to Office, Employment, Position, or Business (Section 7): Doing acts for personal gain while in a public position.
- Giving a Gift, Consideration, or Advantage that May be Used to Facilitate an Offence under the Corruption Act (Section 8): Giving gifts that could be used for illegal activities.
- Creating or Using a False Document (Section 9): Creating or using fake documents to influence others.
- Intimidation (Section 10): Threatening harm to influence others.
Defences under the Corruption Act
The following common law defences may be applicable in relation to offences under the Act:
- A defence of duress
- A defence of necessity
- A defence of self-defence
- A defence of lawful authority
- Any other defence that is available at common law.
Penalties for Bribery and Corruption Offences
The penalties for bribery and corruption offences in Ireland can be severe, with fines ranging from up to EUR5,000 on summary conviction to unlimited fines on indictment. Imprisonment can also range from 12 months on summary conviction to ten years on indictment.
Liability of Associated Persons and Bodies Corporate
Associated persons such as spouses or agents can be held liable for bribery and corruption offences if they are involved in corrupt activities. However, a body corporate will only be guilty of an offence under the Corruption Act if an offence is committed by one of its directors, managers, secretaries, or other officers, or by any person purporting to act in that capacity, or by any employee, agent, or subsidiary.
Defence for Bodies Corporate
It may be a defence for a body corporate to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.