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International Anti-Corruption Conventions Apply in Ireland

Ireland has signed and ratified numerous international anti-corruption conventions aimed at combating bribery and corruption. These conventions include:

  • The EU Convention on the Protection of the European Communities Financial Interests (and Protocols)
  • The Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Officials in International Business Transactions
  • The Council of Europe Criminal Law Convention on Corruption
  • The Convention on the Fight against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union
  • The Additional Protocol to the Council of Europe Criminal Law Convention on Corruption
  • The United Nations Convention against Transnational Organised Crime
  • The United Nations Convention against Corruption

Bribery and Corruption Offences in Ireland

The principal bribery and corruption offences applicable in Ireland under the Corruption Act include:

  • Active and passive corruption: It is an offence to corruptly offer, give, agree to give, request, accept, obtain or agree to accept a gift, consideration or advantage as an inducement to do an act in relation to one’s office, employment, position or business.
  • Active and passive trading in influence: It is an offence to corruptly offer, give or agree to give a gift, consideration or advantage to induce another person to exert an improper influence over an official.
  • Corruption in relation to office, employment, position or business: It is an offence for an Irish official to do an act in relation to their office, employment, position or business for the purpose of corruptly obtaining a benefit.
  • Facilitation of corruption: It is an offence to facilitate the commission of any of the above-mentioned offences.
  • Creating or using false documents: It is an offence to create or use false documents in connection with the commission of a bribery or corruption offence.
  • Intimidation: It is an offence to intimidate another person in order to prevent them from reporting a bribery or corruption offence.

Foreign Public Officials and Domestic Public Officials

The Corruption Act applies to acts by both foreign public officials and domestic public officials, including:

  • Members of government
  • Parliament
  • Judiciary
  • Prosecutors
  • Employees of the state

Private Commercial Bribery

The Corruption Act applies to activities in the public and private sectors, and certain offences can apply to entirely private transactions between individuals or companies.

Failure to Prevent Bribery Offence

The Corruption Act includes a corporate offence which penalises a company for failing to prevent bribery by an individual. A body corporate will be guilty of an offence under the Corruption Act if an offence is committed by:

  • A director
  • Manager
  • Secretary
  • Officer
  • Employee
  • Agent
  • Subsidiary

with the intention of obtaining or retaining business.

Liability of Associated Persons

A person associated with another person or company (such as a spouse or agent) can be held liable for any offence under the Corruption Act if the elements of the offence are present. This includes cases where an associated person facilitates the payment of a bribe or is involved in other corrupt activities.

Conclusion

Ireland’s strong stance against bribery and corruption demonstrates its commitment to upholding ethical standards in both public and private sectors. The country’s comprehensive anti-corruption legislation ensures that individuals and companies are held accountable for their actions, and that efforts to combat corruption are effective and sustainable.