OECD calls on Government to tighten anti-corruption laws

The Organisation for Economic Co-operation and Development (OECD) has called on Ireland to strengthen its anti-corruption laws and tackle the issue of Irish companies bribing foreign officials.

The Paris-based OECD’s working group on bribery today published its review of a report last year into Ireland’s enforcement of the Convention on Combating Bribery, which was ratified by the Government in 2003.

The convention is aimed at reducing corruption in developing countries by encouraging sanctions against bribery in international business deals.

Last year's damning report found that Ireland had failed to meet its obligations under the convention, most notably in addressing the bribery of overseas public officials by Irish companies.

It highlighted the absence of Government efforts to raise awareness amongst  Ireland's business community that bribing foreign public officials is a crime punishable by up to 10 years' imprisonment and an unlimited fine.

Today's review called on Ireland to urgently expand corporate liability for acts of foreign bribery. It argued that Ireland's current system means successful conviction of Irish companies for corruption "appears unlikely due to the very high barriers required to establish corporate criminal liability".

The working group's review was not entirely critical, noting that the Government had made "significant efforts" to raise awareness of the laws on foreign bribery. An anti-corruption website (www.anticorruption.ie) was established by the Government in May to help raise awareness of bribery legislation.

The review also welcomed the Prevention of Corruption (Amendment) Bill 2008, "which proposes to make possible the prosecution of Irish nationals for acts of bribery committed entirely abroad, and to provide for the protection of whistleblowers". This bill is currently before the Oireachtas.

However, the OECD said it was "disappointed" the Government did not take the opportunity when drafting this amendment to incorporate the two existing laws governing the offence into one single piece of legislation in order to remove potential obstacles to bringing prosecutions.

Minister for Justice Dermot Ahern said the report was encouraging and highlighted the willingness by the Government to improve its approach.

Mr Ahern said he had notified the OECD that he was "favourably disposed" to considering implementing some of its recommendations by way of amendment to the Prevention of Corruption (Amendment) Bill 2008.

"It is in Ireland's national interest that we are proactive in this area and that we are seen internationally to treat this offence with the seriousness it deserves," the Minister said.

The OECD working group visited Dublin last June, meeting representatives of the Government, the Garda, the business community and the legal profession during its three-day trip.