We must ratify UN corruption convention

The Criminal Assets Bureau is respected internationally

The Criminal Assets Bureau is respected internationally. Yet Ireland will remain in the margins at a UN anti-corruption con ference, writes Elaine Byrne

There are 39 million Google search results for the word "corruption". Some 126,000 of these, or 0.3 per cent, are from Ireland.

Corruption is a complex, systemic and institutional global phenomenon which does not respect borders. Corruption thrives. Our perceptions of deep-seated unethical behaviour in Ireland may be justified but, for many around the world, corruption denies basic rights and even life itself.

At the end of January, the second United Nations conference on corruption will convene in Bali, Indonesia. It will decide on the future priority areas of the United Nations Convention against Corruption, which came into force in 2005. This convention is the first and only global, legally binding, anti-corruption instrument and contains innovative measures on international co-operation, asset-recovery and the prevention and criminalisation of corruption. It has been signed by 140 countries and ratified by 107.

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Ireland has signed but not yet ratified the convention. The Criminal Justice Bill, which will give effect to the convention, has not yet been approved by the Government. It is now 61 on the order list and expected to be published late this year.

This means the senior figures from the Criminal Assets Bureau (Cab) and the Department of Justice representing Ireland at the Bali conference will effectively be "outside looking in".

Stuart Gilman, head of the UN Anti-Corruption Unit, believes our non-ratification "handicaps Ireland in terms of gaining a voice on how and in what way anti-corruption efforts can be prioritised". Gilman points to ratification as a means of achieving good governance: "It is positive for any country to hold a mirror up to themselves and see whether or not they are upholding international standards for the global community."

This is disheartening. In many matters, Ireland has continuously boxed above its weight internationally. However, on the global anti-corruption stage, we have failed to even make it into the ring.

Indeed, in these pages last week, the Taoiseach highlighted the remarkable work of Irish missionaries and non-governmental organisations in Africa as part of his five-day visit to South Africa and Tanzania. With assistance from Irish Aid, both countries have made very real progress tackling graft and building institutions which promote good governance.

The Taoiseach was correct in his assertion that Ireland has one of "the most highly regarded aid programmes in the world". We have much of which to be proud.

Ireland is the sixth-largest donor per capita in the world. The Irish Aid programme will spend a staggering €914 million this year. Ireland is confident of meeting the UN obligation of 0.7 per cent of gross national product (GNP) to overseas development assistance by 2012.

Again on these pages, earlier this month, John O'Shea and Minister for Foreign Affairs Dermot Ahern had a frank exchange of views on the accountability of Irish Aid monies. The Minister justifiably emphasised that "all of this aid is subject to the closest possible scrutiny by accountants, auditors and our officials on the ground in partner countries and at headquarters in Ireland".

Nevertheless, by not ratifying the convention, we have failed to show real leadership. Many of Irish Aid's priority countries have ratified it. To some developing countries, non-ratification may be interpreted as "do as I say but not as I do".

The Bali conference will endeavour to push forward a monitoring mechanism which will attempt to regularly evaluate implementation of the convention. Such a mechanism will introduce benchmarks against which countries can measure themselves rather than using outdated inter-country comparisons.

These are bold steps. The introduction of structures to further affirm accountability in how foreign aid is spent in developing countries can only be welcomed. However, Ireland will have no voice on this.

When I worked with the UN Anti-Corruption Unit in 2007, it was immensely frustrating to observe Ireland outside of these key decision-making processes. Ireland has an extraordinary contribution to make, particularly concerning the recovery of stolen assets. The Cab model of civil forfeiture and multi-agency co-operation is regarded as an international yardstick.

The Council of Europe body, the Group of States against Corruption (Greco), has described Cab as "particularly impressive".

The Financial Action Task Force (FATF), an inter-governmental body established to fight money-laundering and terrorist financing, has also complimented the sound legal framework available to Cab.

Asset-recovery is currently a focal area for the UN and the World Bank under the high-profile Stolen Asset Recovery (Star) programme, a joint initiative of both institutions. Star estimates the cross-border flow, including in and out of Ireland, of global proceeds from criminal activities, corruption, and tax evasion is between $1 trillion (€0.7 trillion) and $1.6 trillion per year.

Asset-recovery is a dynamic field of international criminal law and international co-operation. However, as far as the convention is concerned, Ireland does not have an input.

Ireland, it seems, is content to be an observer of these processes and not a leader. The infuriating thing is that we have much to take pride in. Irish Aid and Cab are international points of reference.

The Taoiseach's visit to Africa showed us how Irish agencies and taxes change the lives of people every day. Let's not stop there: let's contribute as leaders.

Dr Elaine Byrne worked as a consultant for the United Nations Anti-Corruption Unit. She is currently writing a book on the history of Irish political corruption