Financial Crime World

Ireland’s Crackdown on Corruption: A Comprehensive Overview

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Ireland has made significant strides in combating corruption, with a robust legal framework in place to tackle bribery and corrupt practices. In this special report, we delve into the country’s anti-corruption conventions, specific offences, penalties, and defences.

International Conventions

Ireland has signed and ratified several international conventions aimed at combating corruption, including:

  • 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

Specific Offences

The Corruption Act outlines several specific bribery and corruption offences, including:

Active and Passive Corruption

  • Offering, giving, or accepting a gift, consideration, or advantage to influence an official’s decision.
  • Offering, giving, or agreeing to give a gift, consideration, or advantage to induce someone to exert improper influence over an official.

Active and Passive Trading in Influence

  • Offering, giving, or agreeing to give a gift, consideration, or advantage to induce someone to exert improper influence over an official.
  • Using confidential information for personal gain or corruptly obtaining a gift, consideration, or advantage.

Corruption in Relation to Office, Employment, Position, or Business

  • Using confidential information for personal gain or corruptly obtaining a gift, consideration, or advantage.
  • Facilitating the commission of an offence by giving or accepting a bribe.

Facilitation

  • Giving or accepting a bribe to facilitate the commission of an offence.

Creating/Using a False Document

  • Falsifying documents to conceal corruption or fraud.

Intimidation

  • Threatening or using violence to influence an official’s decision.

Penalties and Defences

Offenders face severe penalties, including imprisonment and fines. Companies can also be held liable for failing to prevent bribery by their employees or agents. A defence can be raised if a company proves it took all reasonable steps to avoid the commission of the offence.

Associated Persons

Spouses, agents, and other associated persons can be held liable for corruption offences if they are involved in facilitating or aiding the corrupt practice. Companies must also take reasonable steps to prevent bribery by their employees, agents, or subsidiaries.

Ireland’s comprehensive anti-corruption framework serves as a model for other countries seeking to combat corruption and promote transparency. As the country continues to evolve its laws and enforcement mechanisms, it is clear that the fight against corruption will remain a top priority.