Answer ... The Criminal Justice (Corruption Offences) Act 2018 is the principal statutory source of anti-bribery and corruption legislation in Ireland. The key corruption and bribery offences are provided for in Part 2 of the Corruption Act and include the following.
Active and passive corruption: It is an offence to, directly or indirectly, corruptly offer, give, agree to give, request, accept, obtain or agree to accept a gift, consideration or advantage as an inducement to, or reward for, or otherwise on account of, doing an act in relation to one’s office, employment, position or business.
‘Corruptly’ is broadly defined under the 2018 act and includes acting with an improper purpose personally or by influencing another person, whether:
- by means of making a false or misleading statement;
- by means of withholding, concealing, altering or destroying a document or other information; or
- by other means.
Active and passing trading in influence: It is an offence to, directly or indirectly, corruptly offer, give or agree to give a gift, consideration or advantage in order to induce another person to exert an improper influence over an act of an official in relation to the office, employment, position or business of that official.
Similarly, it is an offence to, directly or indirectly, corruptly request, accept, obtain or agree to accept for one’s self or for any other person a gift, consideration or advantage on account of a person promising or asserting the ability to improperly influence an official to do an act in relation to his or her office, employment, position or business.
Corruption in relation to office, employment, position or business: An Irish official who, directly or indirectly, does an act in relation to his or her office, employment, position or business for the purpose of corruptly obtaining a gift, consideration or advantage for himself or herself, or for any other person, will be guilty of an offence.
It is also an offence for an Irish official to use confidential information obtained in the course of his or her office, employment, position or business for the purpose of corruptly obtaining a gift, consideration or advantage for himself or herself, or for any other person.
‘Irish official’ is broadly defined and includes Irish members of both the Irish and EU Parliament, government officials, the judiciary, jury members, arbitrators, officers, directors and employees of Irish public bodies and persons remunerated by the Irish government or employed by or acting for or on behalf of the public administration of the state.
Giving a gift, consideration or advantage that may be used to facilitate an offence under the Corruption Act: It is an offence to give a gift, consideration or advantage to another person where the person knows, or ought reasonably to know, that the gift, consideration or advantage, or a part thereof, will be used to facilitate the commission of an offence under the Corruption Act.
Creating or using a false document: It is an offence to, directly or indirectly, create or use a document that the person knows or believes to contain a statement which is false or misleading in a material particular, with the intention of inducing another person to do an act in relation to his or her office, employment, position or business to the prejudice of the last-mentioned person or another person.
Intimidation: It is an offence to, directly or indirectly, threaten harm to a person with the intention of corruptly influencing that person or another person to do an act in relation to his or her office, employment, position or business.
Offences under other legislation: Other relevant legislation in Ireland includes the following:
- The Ethics in Public Office Act 1995 (as amended by the Standards in Public Office Act 2001) (together, the ‘Ethics Acts’) obliges Irish public office holders and public servants to report and surrender gifts and payments above €650. The Ethics Acts also require that designated public servants furnish a statement in writing, declaring their financial interests. All office holders and public servants are expected to adhere to the fundamental principle that an offer of gifts, hospitality or services should not be accepted where it would, or might appear to, place him or her under an obligation.
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The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 transposed most of the provisions of the fourth EU Anti-Money Laundering Directive into Irish law. The act introduced a wide range of reforms, including:
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- the expansion of the definition of persons considered to be beneficial owners of bodies corporate, trusts and partnerships;
- enhanced customer due diligence requirements for designated persons;
- widening of the definition of politically exposed persons to include individuals residing inside the state; and
- the tightening of exemptions relating to certain electronic money products.
- The Regulation of Lobbying Act 2015 regulates lobbying in Ireland. Among other things, the act provides for the establishment and maintenance of a register of persons carrying on lobbying activities and a code of conduct relating to the carrying on of lobbying activities; and imposes restrictions on involvement in lobbying by certain former designated public officials. The act also creates offences for breach of the legislation, to include carry on lobbying activities without being registered to do so.