Review of the Criminal Justice (Corruption Offences) Act 2018

An evaluation of Ireland‘s Criminal Justice (Corruption Offences) Act 2018 by the OECD Anti-Bribery Working Group will commence in 2019.

 

About the OECD Anti-Bribery Convention and the OECD Anti-Bribery Working Group

Ireland is a state party to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. This Convention establishes legally binding standards to criminalise bribery of public foreign officials in international business transactions. The OECD Anti-Bribery Working Group is responsible for monitoring the implementation and enforcement of this Convention.

 

Peer-review monitoring system

The Convention provides for a peer-review monitoring system to be conducted in successive phases. The objective of this monitoring system is to ensure that countries are fully implementing their international obligations  under the Convention. The monitoring process is rigorous and results in an evaluation report containing  recommendations . The most recent evaluation of Ireland in this regard took place  in 2013 and a number of recommendations were included in the evaluation report, including in relation to our anti-bribery legislation. These recommendations were fully addressed with the enactment of the Criminal Justice (Corruption Offences) Act 2018.

 

Once a state party introduces new anti-bribery legislation it is normal practice for the OECD Anti-Bribery Working Group to evaluate the new legislation against the relevant articles of the Convention. An evaluation of Ireland in this regard is to be carried out in 2019, with the matter to be reported on at a meeting of the OECD Anti-Bribery Working Group in December 2019. The evaluation will focus solely on the new Criminal Justice (Corruption Offences) Act 2018, which introduced a range of new offences and strengthened existing offences in many areas of corruption.

 

Strengthening the Anti-Bribery Convention: Review of the 2009 OECD Anti-Bribery Recommendation

The OECD Anti-Bribery Convention is the first and only international anti-corruption instrument focused on the ‘supply side’ of the bribery transaction. To ensure that it continues to respond to the challenges of fighting foreign bribery, the OECD has launched a review of the 2009 OECD Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Recommendation).

This review will be conducted by the OECD Working Group on Bribery and is scheduled for completion by early 2020.

About the OECD Anti-Bribery Convention and the 2009 Anti-Bribery Recommendation

The OECD Anti-Bribery Convention establishes legally binding standards to criminalise bribery of foreign public officials in international business transactions and provides for a host of related measures that make this effective. 

In 2009, Parties to the Convention agreed to put in place new measures to reinforce their efforts to prevent, detect and investigate foreign bribery with the adoption of the OECD Anti-Bribery Recommendation. The Recommendation contains provisions for combating small facilitation payments, protecting whistleblowers, improving communication between public officials and law enforcement authorities, and includes the OECD Good Practice Guidance on Internal Controls, Ethics and Compliance.

Purpose of the Review

The purpose of this exercise is to ensure that the standards set out in the Recommendation remain relevant and effective as new threats and challenges appear in the fight against foreign bribery.

Public Consultation

As part of this review process, the OECD is holding face-to-face consultations as well as an online public consultation.

Face-to-face consultations

The OECD Working Group on Bribery’s annual consultation on fighting foreign bribery with the private sector and civil society, which was held on 11 December 2018 at the OECD in Paris, France, included an item on the review of the OECD Anti-Bribery Recommendation.

A series of panel and roundtable discussions will take place in the context of the OECD Global Anti-Corruption and Integrity Forum on 20-21 March 2019 as well as OECD Integrity Week. It is a public event, and entry is free. Registration opened on 1 December 2018.

Written Consultation

The OECD will launch a written public consultation online during the second quarter of 2019.  A consultation document containing information on the process, procedure and timing will be made available to help stakeholders provide specific feedback. 

Further Details

For further details and updates please see the Review of the 2009 OECD Anti-Bribery Recommendation and related documents on the OECD website.

Parties interested in the Review can contact Chelsie Loveder: chelsie.loveder@oecd.org