ONE OF the most striking outcomes of investigations into corruption in Irish life has been a failure to prosecute those directly responsible for the bribery of officials and of elected representatives. Tribunal chairmen concluded that corruption took place and that money was paid over by named individuals. But criminal prosecutions did not follow. Different levels of proof are, indeed, required in the two systems. However, if the criminal law dealing with white-collar crime is so inadequate, what have successive governments been doing for the past decade?
Minister for Justice Dermot Ahern told members of the Law Society last month that the number and variety of laws dealing with corruption in this country were “unsatisfactory” and that he wanted to make them clearer and tougher. The inadequacy of the law in protecting the public interest is a cause of concern, particularly in relation to the banking crisis and the behaviour of some senior executives. In that regard, the Garda Commissioner has been asked to make proposals for changes in the criminal law to facilitate future Garda prosecutions. And the Director of Public Prosecutions will make suggestions to the Attorney General.
Widespread planning and political corruption caused John O’Donoghue to introduce a Prevention of Corruption Bill in 2000. It was passed the following year. The Act strengthened a 1906 law on corruption, introduced new, cross-border EU provisions and created a presumption of corruption where there was a failure to disclose political donations or gifts. Five years later, Dermot Ahern introduced a second Prevention of Corruption Bill to give effect to an EU convention on international business that Ireland signed in 2003. It is currently stuck in a Dáil committee, although the Minister has spoken of its early enactment. The lack of urgency, so far, has been remarkable.
In Britain, similar EU-based legislation was passed last year. It protects whistleblowers, while companies or individual managers who practise or fail to prevent bribery can face criminal prosecution. We have, as the Minister himself admits, an “unsatisfactory” armoury for dealing with white-collar crime and corruption in this State. Mr Ahern is to draft a consolidated Corruption Bill and to issue a White Paper on white-collar crime in which input will be sought from the public and from legal practitioners. It sounds impressive. But it amounts to a time-buying exercise. There has been more than enough talk.