PRISON TERMS of up to 10 years and unlimited fines will be contained in proposed legislation to reform the laws on corruption and bribery.
Ministers, TDs and civil servants who are convicted of a corruption offence could be the subject of a court order to forfeit their office and be excluded from seeking office again for up to 10 years.
The draft scheme of the Criminal Justice (Corruption) Bill 2012 was brought to Cabinet by Minister for Justice Alan Shatter on Tuesday and approved by his colleagues. “The Government is determined that corruption in any form will not be tolerated. Ireland must be a country, and be seen as a country, where business and public life can only be undertaken honestly and openly,” Mr Shatter said. “Those engaged in business and politics have nothing to fear and everything to gain from the maintenance of proper ethical standards.”
Courts will be empowered to order officials to forfeit their position if they are convicted of corruption. This will apply to county councillors, company directors, ministers, TDs and civil servants.
“A court may apply this penalty where it is in the interest of maintaining or restoring public confidence in the public administration of the State and where it is in the interest of justice to do so,” Mr Shatter’s spokeswoman said.
In the event that a court orders an official to forfeit their position, it may decide on how long a period they should be excluded from seeking any public office. The maximum period is 10 years.
The Bill will replace and update existing offences relating to giving or receiving bribes, while introducing new offences in relation to corrupt influence peddling. It will replace seven overlapping corruption Acts stretching back to Victorian times.
The Bill will contain a new offence of making payments knowingly or recklessly to a third party who intends to use them as bribes. Mr Shatter said this took the recommendations of the Mahon tribunal into account.
It is also intended to enhance the ability of the Director of Public Prosecutions to bring prosecutions by providing for the presumption of corruption. This could apply in cases where a public official accepts a gift in breach of ethics or has a lifestyle or property out of proportion to their official income and declared interests.
Suspected bribes can be seized and forfeited under current legislation. These provisions will be strengthened by allowing courts to order the forfeiture of assets equal to the value of any bribe given or received.
Fianna Fáil justice spokesman Dara Calleary described the Bill as an essential legislative basis for high standards in public life.
“This legislation is extremely important as the start of the response to the challenges presented by the findings of the Moriarty and Mahon tribunals.”
