Billy Timmins (Wicklow, Fine Gael)
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Question 180: To ask the Minister for Justice, Equality and Law Reform his proposals to deal with the issue of corruption; if he intends bringing forward legislation to facilitate persons who may wish to come forward with evidence of corruption; and if he will make a statement on the matter. [8301/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Ireland has extensive legislation dealing with corruption. Provisions are contained principally in the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Acts of 1906 and 1916, section 38 of the Ethics in Public Office Act 1995, which amends certain aspects of the earlier Acts, and the Prevention of Corruption (Amendment) Act 2001. Collectively they are cited as the Prevention of Corruption Acts 1889-2001. This body of legislation comprehensively criminalises all forms of active and passive corruption in both the public and private sector.

In addition, the provisions of the Proceeds of Crime (Amendment) Act 2005 complement the penal sanctions already available by introducing provision for a corrupt enrichment order. The purpose of this provision is to deal with the situation where someone, by means of some corrupt act, is able to benefit from the enhancement of value of property legally acquired, arising from the corrupt act. This provision provides for a procedure for the Criminal Assets Bureau, CAB, to obtain a court order directing an individual to pay to the Minister for Finance, or any other person specified by the court, an amount equivalent to the amount by which the court determines the person was corruptly enriched.

That Act also contains an important preventative measure by providing for the seizure of a gift or consideration which is suspected to be a gift or consideration within the meaning of section 1 of the Prevention of Corruption Act 1906, as amended by section 2 of the Prevention of Corruption (Amendment) Act 2001. It is modelled on section 38 of the Criminal Justice Act 1994 and will mean that a suspected bribe, as an instrumentality of crime, will be automatically capable of seizure. The 2005 Act also provides for forfeiture by the court of the gift or consideration which has been seized and detained and is modelled on the forfeiture of cash provision in section 39 of the Criminal Justice Act 1994. The court may make an order whether or not proceedings have been brought against a person for an offence with which the gift or consideration is connected, and the standard of proof for proceedings for forfeiture is that applicable to civil proceedings.

On protection of persons who report suspicions of corruption, officials of my Department are, in consultation with the Office of the Attorney General, examining the legislative requirements arising from the UN Convention on Corruption, which includes provisions on the protection of so-called whistleblowers. Arising from examination of the provisions, I will, in due course, be bringing legislative proposals to Government to give effect to the convention.