Corrupt officials face up to 10 years in jail under new Bill

Holders of public office

could face up to 10 years in prison and removal from office if convicted of corruption under new laws planned by the Minister for Justice.

Frances Fitzgerald is to bring an adjusted Corruption Bill to Cabinet within weeks aimed at strengthening the law in this area.

In addition to lengthy prison sentences, it will allow for unlimited fines.

A judge can also order the official to forfeit their office and exclude them from seeking public office for a number of years.

Under current legislation, a person convicted of being corrupt faces a fine of €250,000, or a jail term of up to three years, or both.

Under the new Bill, a public official will be presumed corrupt if he or she fails to declare their interests and if he or she accepts a gift in breach of ethical or disciplinary codes.

The proposed legislation will criminalise any person who accepts money associated with their role and those who take a bribe with a view to influencing a public official or planning official.

Family members

It will also make it punishable for any spouse, civil partner, child or parent of a public office holder to receive any gift or advantage.

The scope of the legislation will cover any interference with the appointment of a person to an office and with the acquisition, letting or sale of any property or land.

It will also include the role of a public office-holder in the functions of the National Asset Management Agency or the Central Bank, and in an investigation or prosecution of an offence.

A Department of Justice source said the Bill was aimed at enhancing the ability of the Director of Public Prosecutions in securing convictions against those who accept corrupt gifts or payments.

Donations

The Bill will apply to people in private and public office, including ministers, TDs and senators, judges, civil and public servants and local authority members.

In light of the recommendations of the planning tribunal report, the legislation has been expanded to cover donations made to political parties and to family and associates of public officials.

The revised Corruption Bill will also allow for presumption of corrupt enrichment where a public official’s lifestyle or property is out of proportion with his or her official income or registered interests.

Corporations

The Bill will also contain an important new provision whereby a corporate body can be held criminally liable if an employee carries out a corrupt act with the intention of obtaining an advantage for the body.

The proposed legislation will replace seven overlapping corruption Acts stretching back to Victorian times.

The Corruption Bill was initially published by former minister for justice Alan Shatter, in 2012.

Ms Fitzgerald will seek Cabinet approval to publish the Bill within weeks and is seeking to have it introduced in the Dáil in the new year.