Criminal Justice (Corruption Offences) Act 2018

The Criminal Justice (Corruption Offences) Act 2018 was enacted on 5 June 2018 and commenced in full on 30 July 2018. The main purpose of the Act is to consolidate the law regarding the prevention of corruption. It gives effect or further effect to the following international instruments:

• the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union done at Brussels on 26 May 1997
• the Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on 21 November 1997
• the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 27 January 1999
• the Additional Protocol to the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 15 May 2003
• the United Nations Convention Against Corruption done at New York on 31 October 2003
• Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law
• it provides for the repeal of the Prevention of Corruption Acts 1889 to 2010 and to for consequential amendments to other enactments; for related matters.

Main provisions/offences include:

• new offence of active and passive trading in influence
• new offence of an Irish official doing a corrupt act in relation to his or her office as recommended by the Mahon Tribunal.
• new offence of giving a gift, consideration or advantage knowing that it will be used to commit a corruption offence.
• new offence for creating or using false documents.
• new offence of intimidation where a threat of harm is used instead of a bribe.
• the presumption of corrupt gifts extended to connected persons, such as family members and close business associates.
• the presumption of a corrupt donation expanded which makes failure to disclose or return a donation grounds for the presumption to apply.
• new provisions for forfeiture of public office and for prohibition from seeking public office for up to ten years for Irish Officials.
• new strict liability offence for bodies corporate where any individual connected with the company has been found guilty of corruption. The penalty for the company can be an unlimited fine.

Bill. Explanatory Memo and Debates