Lex Mundi Global Anti-Corruption Compliance Guide |
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Northern Ireland |
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| (Europe) Firm Arthur Cox Updated 01 Feb 2022 | |
| What is the key anti-bribery and corruption legislation in your jurisdiction? | The key anti-bribery and corruption legislation in Ireland is the Bribery Act 2010. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | Yes, namely the Bribery Act 2010 (the Act). |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes, a bribe payment to domestic government officials is prohibited by Section 3 of the Act. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes, a bribe payment to foreign government officials is prohibited by Section 6 of the Act. A person who bribes a foreign public official is guilty of an offense if that person's intention is to influence the official in his capacity as a foreign public official. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes, requesting or accepting a bribe is prohibited by Section 2 of the Act. |
| Who is subject to the legislation? | Persons who perform, any of the following activities are, according to Section 3 of the Act, subject to the legislation:
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| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes, Section 7 of the Act provides that a relevant commercial organization is guilty of an offense if a person associated with it bribes another person intending (i) to obtain or retain business for the corporate entity, or (ii) to obtain or retain an advantage in the conduct of business for the corporate entity. |
| What is the penalty for individuals violating the law? | According to Section 11(1) of the Act, the penalty for individuals violating the law is as follows:
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| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | According to Section 11(3) of the Act, the penalty for corporate entities violating the law is an unlimited fine. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | Yes, having a compliance program designed to prevent bribery constitutes a defense under Section 7(2) of the Act. The corporate entity needs to prove that it had in place adequate procedures designed to prevent persons associated with it from undertaking the offense. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | Yes, the concept of deferred prosecution agreements was introduced by schedule 17 of the Crime and Courts Act 2013. |
Lex Mundi Global Anti-Corruption Compliance Guide
The key anti-bribery and corruption legislation in Ireland is the Bribery Act 2010.
Yes, namely the Bribery Act 2010 (the Act).
Yes, a bribe payment to domestic government officials is prohibited by Section 3 of the Act.
Yes, a bribe payment to foreign government officials is prohibited by Section 6 of the Act. A person who bribes a foreign public official is guilty of an offense if that person's intention is to influence the official in his capacity as a foreign public official.
Yes, requesting or accepting a bribe is prohibited by Section 2 of the Act.
Persons who perform, any of the following activities are, according to Section 3 of the Act, subject to the legislation:
- any function of a public nature;
- any activity connected with a business;
- activity performed in the course of a person's employment; or
- any activity performed by or on behalf of a body of persons whether corporate or unincorporated.
Yes, Section 7 of the Act provides that a relevant commercial organization is guilty of an offense if a person associated with it bribes another person intending (i) to obtain or retain business for the corporate entity, or (ii) to obtain or retain an advantage in the conduct of business for the corporate entity.
According to Section 11(1) of the Act, the penalty for individuals violating the law is as follows:
- If the offense is tried as a summary offense, the penalty is up to 12 months imprisonment and/or a £5,000 fine.
- If the offense is tried on indictment, the penalty is up to 10 years' imprisonment and/or an unlimited fine.
According to Section 11(3) of the Act, the penalty for corporate entities violating the law is an unlimited fine.
Yes, having a compliance program designed to prevent bribery constitutes a defense under Section 7(2) of the Act. The corporate entity needs to prove that it had in place adequate procedures designed to prevent persons associated with it from undertaking the offense.
Yes, the concept of deferred prosecution agreements was introduced by schedule 17 of the Crime and Courts Act 2013.