Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Deputies O'Callaghan and Ó Laoghaire for their amendments, Nos. 1, 2 and 3. Amendment No. 1 seeks to redefine the word "corruptly". The definition of "corruptly" contained in the Bill is the same as the definition contained in the Prevention of Corruption Act 1906, as inserted by section 2 of the Prevention of Corruption (Amendment) Act 2010. In developing this Bill, my officials and legal advisers considered a number of alternative approaches but concluded they were not in a position to change from what is a tried and tested definition. The concept of "corruptly" is central to the construction of the offences in the Bill. It was given careful consideration.

Deputy O'Callaghan's proposed wording defines "corruptly" as including acting in such a manner so as to secure an unlawful benefit. There is no explanation of what constitutes an unlawful benefit and it appears that this would place an additional burden on the prosecution to prove that the benefit was indeed unlawful. It also somewhat replicates the language in the offences themselves and this could create uncertainty, if not confusion.

The definition contained in the Bill is one that we know works. We can look to successful prosecutions in this regard. The definition has not given rise to any legal challenges in the courts. It is a concept that juries appear to understand. I ask Deputies to leave matters as they are on the basis of the definition being tried and tested.

Amendments Nos. 2 and 3 propose to insert an additional subcategory in the definition of an Irish official. As Deputy O'Callaghan has implied, local authority members are already included in the definition of Irish official in the legislation as currently drafted.

Paragraph (j) of the definition of "Irish official" – page 7, line 23 - provides that “an officer, director, employee or member of an Irish public body” is deemed to be an Irish official for the purpose of the Bill. Again, members will be aware that the offices that come within the definition of Irish public bodies include local authorities.

I think most of us around the table are former members of local authorities and Irish public bodies. Again, I would say we are sufficiently covered. I ask Deputies to consider that as being appropriate.