New EU rules on private sector corruption to become law in Ireland

Political Correspondent

A European Union directive will be added to existing Irish laws on corruption, making it a criminal offence for anyone in a company to be involved in bribery.

Minister McDowell said Ireland’s laws in this area were already comprehensive.

All EU member states now have to criminalise such private sector activities. Ireland’s anti-bribery legislation is covered under the Prevention of Corruption Acts which carry a maximum 10-year prison sentence.

The 114-year-old laws were updated last year.

They state a person found guilty of corruption may receive an unlimited fine as well as a prison sentence.

The laws also cover corrupt activities in the public sector such as a presumption of corruption where there has been a failure to disclose a political donation.

“Our legislation makes it an offence for anyone, whether an individual or a company, to offer, give or accept a bribe “This is an offence for those in public office and for those in the private sector,” Mr McDowell said.

It includes a presumption of corruption when people receive bribes in relation to decisions on planning, land zoning and granting licences.

It also provides for search warrants for gardaí investigating suspected corruption.

The Government’s approval of the law, put forward by the Danes yesterday at a European Council of Ministers meeting, means it will be introduced into Irish law pending the approval of the Dáil and Seanad.

The Oireachtas now has the power to scrutinise all EU laws before they are introduced into Irish law.

This addition to the nation’s anti-corruption laws is part of a flurry of legislative activity to combat white-collar crime.