Overhaul of anti-corruption laws comes into force

Justice Minister
Charlie Flanagan

The Criminal Justice (Corruption Offences) Act 2018 repeals and replaces seven previous Prevention of Corruption Acts dating back as far as 1889, and provides for a number of new offences as well as stronger penalties.

The Act was signed into law by the President on 5th June 2018 following swift passage through the Houses of the Oireachtas this year.

Mr Flanagan said: “I am delighted to commence this hugely important piece of legislation that will completely overhaul Ireland’s anti-corruption laws.

“This is a robust piece of legislation with sufficiently tough and effective penalties.”

For conviction on indictment, the penalties for most offences are imprisonment for up to 10 years, an unlimited fine, forfeiture of any bribe, possible forfeiture of office for public servants and elected officials and possible prohibition on seeking public office for up to 10 years.

One of the key aspects of the new Act is a new corporate liability offence whereby a body corporate may be found guilty if anyone acting on behalf of that body commits a corruption offence.

A body corporate convicted under the Act could face a potentially unlimited fine. It will be a defence for the body corporate to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Mr Flanagan added: “I am very pleased that I have been able to address six recommendations of the Mahon Tribunal Report relating to corruption in this Act.

“The Act has also given effect to various recommendations made to Ireland by the OECD, the European Union, the Council of Europe and the United Nations monitoring bodies, who have all welcomed the provisions of new Act.”