Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I thank the Minister for his attendance today. We will support the Bill. Like me, the Minister probably did not expect the debate thus far too have taken on such a tetchy or defensive tone but perhaps that is indicative of from where we are coming and reflective of earlier politics. That is why the Bill is important, as has been rightly acknowledged by everyone despite the back-and-forth debate.

The Bill brings current laws on corruption up to date and consolidates them. It also implements a number of international and EU obligations on the State, as the Minister has outlined. The Bill aims to clarify and strengthen corruption offences in this jurisdiction and those from outside the State who act within it. It provides greater clarity on trading in influence offences, which is overdue.

Whether in public life, business or commerce, corruption has been part of the history of this State. We have had tribunals of inquiry investigating various issues, including planning corruption, zoning controversies, bribery, corporate fraud, significant Government contracts awarded in a process subsequently found to be biased and defective, unexplained payments and a banking crisis in which nobody paid the price for their actions other than the ordinary citizen.

This State’s attitude towards corporate fraud and corruption, however, has been casual and slack up to now. It appears that some Governments have been most passive in this area. However, the Bill recognises little has been done in this area since the Government came into office. I hope it will address such cultural issues, particularly in institutions and sectors where questionable practices almost appear to be the norm.

This culture of corruption goes right to the top of many institutions, be they private or public, throughout the State. To state otherwise would be blind to the past. The body responsible for eradicating corruption is the Office of the Director of Corporate Enforcement, ODCE. Last November, it was announced that this office was being overhauled. This was welcome news given the history we all know about. The office brought no prosecutions and achieved no convictions over the past two years. Only 43 prosecutions have been brought by the ODCE in the past decade, a shockingly low amount over this time, especially given the context of what happened since 2007. In addition, the annual reports of the ODCE show that almost €6 million in its allocated funding has been returned to the State over the past three years, including €2.7 million in 2016. In the same year no prosecutions or convictions were achieved by the agency. There is clearly a requirement for an overhaul of the agency as well as more investment therein.

One matter which most frustrated people over the course of the recession was that while people suffered, some grievously, it appeared no one was brought to justice for the banking crisis. We did not see the level of court cases that were brought in the US or in other jurisdictions where corrupt and immoral practices took place. This may have been due to deficiencies in legislation, and that is why this Bill is welcome. It also happened because of the under-resourcing of and lack of support for the ODCE. It needs extra powers and additional resources.

The corporate liability of the Bill needs to be strengthened. In particular, the defence of reasonable action needs to be clearly explained. Members know from the Paradise Papers and the scandals involving AIB and other banks that financial institutions will use any chink in the legislative armour to squeeze more money out of the taxpayer and their customers. Corruption comes in many different forms and ways. As we all know, there has been institutionalised white-collar crime and corruption in the Sate that was facilitated by legislation.

We saw this spectacularly in the Apple tax debacle. Much-needed income for public services was lost by the Government’s inaction and failure to tax this company. The Government’s track record on dealing with, challenging and holding people to account for white-collar crime is appalling. The key to eradicating corruption is not just legislation, and robust legislation at that. It is also about pursuing those who are corrupt and bringing them before the courts. There can be no tolerance of or hiding place for people involved in white-collar crime. They have to face the full rigour of the law. That is why I welcome the Bill and look forward to working in partnership with the Minister and colleagues in the House to ensure that we bury that past culture of negligence and utilise and harness the proposed legislation to its fullest to work co-operatively and ensure the kind of culture and crimes we saw committed in the past are not allowed to be repeated in the future.