Dáil Éireann Debate, Tuesday - 16 October 2018
305. Deputy Noel Rock asked the Minister for Justice and Equality if he or officials from his Department have reviewed an index published by an organisation (details supplied) which listed Ireland 19th out of 180 states based on perceived levels of corruption; his views on the fact that there has been no notable change in the perception of corruption here between 2016 and 2017; and if he will make a statement on the matter. [42228/18]
View answer306. Deputy Noel Rock asked the Minister for Justice and Equality his plans to tackle corruption in the public sector; and if he will make a statement on the matter. [42229/18]
View answer307. Deputy Noel Rock asked the Minister for Justice and Equality his plans to tackle corruption in the private sector; and if he will make a statement on the matter. [42230/18]
View answerI propose to take Questions Nos. 305 to 307, inclusive, together.
As the Deputy will be aware, a number of important initiatives have recently commenced and extensive legislation was passed in June with a goal of tackling corruption in all its forms, both in the private and public sectors.
Responsibility for anti-corruption
The responsibility to develop and implement anti-corruption policies does not rest with any one single body or Department in Ireland. The competence to prevent, detect, investigate and prosecute corruption is spread across An Garda Síochána and a number of other agencies with a mandate to tackle corruption. These include tribunals of inquiry, commissions of investigation, inspectors, the Central Bank of Ireland, the Standards in Public Office Commission (SIPO), local authorities, the Ombudsman, Parliamentary Committees on Members' Interests, the Garda National Economic Crime Bureau and its newly established Anti-Corruption Unit, the Criminal Assets Bureau (CAB), the Office of the Director of Corporate Enforcement (ODCE), the Comptroller and Auditor General, the Public Accounts Committee and the Director of Public Prosecutions.
Equally, legislative provisions to prevent corruption are manifold and not exclusive to my Department. For example, the Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001, addresses the ethical conduct of public officials and the lobbying of public officials is covered by the Regulation of Lobbying Act 2015. The Standards in Public Office Commission is responsible for regulatory functions in relation to these statutes. Likewise, transparency and whistleblowing provisions are provided for via the Freedom of Information Act 2014 and the Protected Disclosures Act 2014. Additionally, policy and procedures relating to public procurement are primarily the responsibility of the Office of Government Procurement. There are many further features to effective anti-corruption policy framework, including anti money laundering provisions, tax transparency, and the enforcement of company law.
International Commitments
I can reassure the Deputy that Ireland remains firmly committed to the fight against corruption, both domestically and internationally. Ireland is a party to a number of international agreements, including the Council of Europe's Group of States against Corruption (GRECO), the United Nations Convention against Corruption (UNCAC) and the OECD Convention on Combating Bribery of Public Officials in International Business Transactions.
As a party to these international agreements, Ireland has undergone numerous evaluations and remains subject to peer reviews under the review mechanisms associated with these international standards. Ireland has recently completed a review of its implementation of Chapters II and V of UNCAC.
Review of Anti-Corruption Structures
Mr James Hamilton, former DPP and Anti-Corruption expert, is chairing a Review of Ireland’s Anti-Fraud and Anti-Corruption structures. This review is an Action Point, assigned to the Department of Justice & Equality, contained in the Government’s plan to tackle White Collar Crime, which was launched last November. The first meeting of the group took place on Monday, 24 September and is due to meet again next week.
Attendees included all bodies identified in the Terms of Reference as critical for this review, including all State bodies involved in the detection, prevention, investigation and prosecution of White Collar Crime. The Review Group includes officials from the Departments of Justice & Equality; Business, Enterprise & Innovation; Public Expenditure and Reform and Finance, An Garda Síochána, the DPP, the Office of the Director of Corporate Enforcement, the Banking and Payments Federation, the Revenue Commissioners and the Central Bank.
At the first meeting the group discussed their working methods, defined the scope of the Review and the Chair sought position papers from a number of Members outlining their own areas of responsibility. The group also discussed the possibility of opening a public consultation, allowing individuals to make submissions to the group in writing, and in person, at a possible public meeting in early 2019.
The Review Group is due to report in June 2019.
Legislation
As the Deputy will be aware, the Criminal Justice (Corruption Offences) Act became law on 5 June 2018. This Act repeals the previous seven prevention of Corruption Acts dating back as far as 1889. However it is more than a consolidation, it represents a complete overhaul of the criminal law in this area and introduces a range of new offences. Most offences apply to both the public and private sector. An offence of trading in influence is introduced for the first time. The offence contained in section 7 is directed solely at the public sector and it relates to Irish officials doing certain acts in relation to their office or using confidential information for the purpose of corruptly obtaining a gift, consideration or advantage. Similarly, the new offence in section 18 is directed solely at the private sector and introduces a strict liability offence whereby a body corporate will be guilty if anyone directly connected with the body corporate commits a corruption offence with the intention of benefitting the body corporate. This offence is rebuttable but it will be up to the body corporate to prove it took all reasonable steps to avoid the commission of the offence.
The Act includes strong penalties to reflect the seriousness of the offence. Penalties include up to ten years imprisonment and a possible unlimited fine in the case of bodies corporate. The Act is a comprehensive, modern piece of legislation that responds to various recommendations made by the Mahon Tribunal, the OECD, the United Nations and from GRECO, the Council of Europe anti-corruption body.
Transparency International
The Deputy refers to Transparency International's Corruption Perceptions Index 2017. The index, which ranks 180 countries and territories by their perceived levels of public sector corruption according to experts and businesspeople, uses a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. Ireland's score in 2017 was 74 out of 100 and, as the Deputy notes, this indicates little appreciable difference since 2016 in the perception of corruption in Ireland, according to this survey instrument.
It is important to note, however, that Ireland's score has improved significantly since 2012, having risen 5 points on the Index's scale from 69 to 74. Further, Ireland ranks well above the global average of 43 and that of Western Europe – the highest ranking region in the index with an average score of 66.
