The Tánaiste has welcomed the publication today of a Report by the OECD Working Group on Bribery and Corruption in International Business Transaction on Ireland's implementation of the Convention on the Bribery and Corruption of Foreign Public Officials in International Business Transactions.
While the Report refers to positive aspects of Ireland's compliance with the Convention, it expresses some concerns on the basis of what it regarded as poor participation in the visit last Autumn by OECD examiners and what they perceived as an absence of awareness raising measures in relation to the Convention in this jurisdiction.
Earlier this month the Tánaiste had indicated that it was important that any perceived weaknesses in our implementation of the Convention were addressed as quickly as possible (see copy of statement of 9 March attached).
In particular, the Tánaiste indicated that, while Ireland was in compliance with the Convention, he had become aware of concerns which were emerging during the course of the evaluation, and (in advance of receiving the final Report being published today) he had sought and received Government approval for
- the drafting of a Prevention of Corruption (Amendment) Bill which will broaden the existing prevention of corruption legislation to take into account provisions of the OECD Convention and the EU Framework Decision on Combating Corruption in the Private Sector (It had been intended to include these measures as part of a Criminal Justice (Miscellaneous Provisions) Bill dealing with a range of other matters but the preparation of a separate Bill will accord the measures priority and ensure their enshrinement in law at an early date). This legislation will address the recommendations for legislative change made by the Report insofar as the Department of Justice, Equality and Law Reform is involved
- the establishment of a Committee of officials comprising representatives of a range of Government bodies and other agencies with a direct interest in this issue which will be responsible for monitoring compliance with the requirements of the OECD Convention. In particular, this will ensure a coordinated and effective response in examining and addressing the issues raised in the Report
- In addition, while the Report refers to poor participation in the visit by the evaluation team last October, a large number of officials representing the wide range of Departments and agencies involved met with the OECD Working Group in recent weeks in the context of the Report being finalised.
The value of the evaluation process lies in the fact that the system of evaluation is peer-led and enables countries to make changes in the light of any gaps that may be identified in their implementation of the Convention and to reflect best international practice. As a measure of Ireland's commitment to implementing the Convention to the highest possible international standards, Ireland has invited the evaluation team to carry out another on-site review within 12 months. The Working Group has accepted this invitation.
29 March 2007
Note for editors
The evaluation team consisted of delegates from New Zealand and Estonia, assisted by members of the OECD Secretariat. (Ireland has been represented on evaluation teams assessing other countries).
The Report of the OECD can be accessed at www.oecd.org/corruption.
Appendix - Statement of 9 March 2007
Tánaiste responds to OECD concerns on implementation of Convention on Bribery of Foreign Public Officials in International Business Transactions
The OECD is currently undertaking an evaluation of Ireland's compliance with the Convention on the Bribery of Foreign Public Officials in International Business Transactions. The Report of the OECD is likely to be published in the coming weeks and there is ongoing contact between the OECD and Irish officials about the matter. Nevertheless the Government is aware of concerns which have emerged on the part of the OECD in relation to Ireland's implementation of the Convention and the Tánaiste, in advance of the Report, has received Government approval for two measures.
Firstly, the Government has approved the Tánaiste's proposal for the drafting of a Prevention of Corruption (Amendment) Bill which will broaden the existing prevention of corruption legislation to take into account provisions of the OECD Convention and the EU Framework Decision on Combating Corruption in the Private Sector. It had been intended to legislate for these matters as part of a Criminal Justice (Miscellaneous Provisions) Bill which will deal with a host of other matters but the Government has decided that a separate Bill dealing with these matters will accord these measures priority and ensure their enshrinement in our law at an early date.
Secondly, the Government has given its approval for the establishment of a Committee of officials comprising representatives of a range of Government bodies and other agencies with a direct interest in this issue which will be responsible for monitoring Ireland's ongoing compliance with the requirements of the OECD Convention.
The Tánaiste said "It is important that any perceived weaknesses in our implementation of the OECD Convention are addressed as quickly as possible. I believe taking these measures in advance of the OECD Report is warranted and will emphasise Ireland's determination to play its full part in counteracting the corruption of international business transactions through the bribery of foreign public officials.
The Bill now being brought forward will also represent a legislative vehicle which can be used to address any other recommendations which the OECD may make in their final report. This will be underpinned by the establishment of a standing group of officials with responsibility for Ireland's continued compliance with the Convention to the highest standards."
The proposed Bill, to which the Government has given its approval, will be known as the Prevention of Corruption (Amendment) Bill 2007. It will be an addition to the existing laws on prevention of corruption which are collectively cited as Prevention of Corruption (Amendment) Acts 1889 - 2001. Other Statutes such as the Theft and Fraud Offences Act 2001 and the Ethics in Public Office Act 1995 also provide legislative protection against corruption.
The proposed Bill will provide for:
- A broadening of the definition of a bribe as currently contained in the Prevention of Corruption Act 1906, to include the use of the term 'advantage' allowing the offence of bribery to have a wider interpretation
- A broadening of the term 'foreign public official' to extend the range of officials who would come within the ambit of the provisions of the OECD Convention. This would include officials of foreign public enterprises under the indirect control of a foreign government and officials of international bodies of which Ireland is not a member
- Jurisdiction to prosecute Irish nationals for offences committed abroad and to take whatever measures may be necessary to establish jurisdiction to do so
- The establishment of jurisdiction with regard to offences related to active and passive corruption in the private sector committed for the benefit of a legal person (company or corporation) which has its Head Office in this jurisdiction.
Preparatory work on the legislation has commenced in the Department with a view to publishing the Bill later this year.
9 March 2007.