Criminal Justice (Corruption Offences) Act 2018
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PART 4 Presumptions Relating to Corruption | ||
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Presumption of corrupt gift, consideration or advantage | ||
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14. (1) Where, in any proceedings against a person for an offence under section 5 , 6 , 7 or 8 , it is proved that— | ||
(a) a gift, consideration or advantage has been— | ||
(i) given to an official or a connected person of an official, | ||
(ii) given to a person while intended to be for the benefit of an official or a connected person of an official, or | ||
(iii) received by or on behalf of an official or a connected person of an official, | ||
and | ||
(b) the person who gave the gift, consideration or advantage, or on whose behalf the gift, consideration or advantage was given, had an interest in the discharge by the official of any of the functions to which this subsection applies by virtue of subsection (3), | ||
the gift, consideration or advantage shall be presumed to have been given and received corruptly as an inducement to, or reward for, or otherwise on account of, that official doing an act in relation to the performance of any of those functions, unless the contrary is proved. | ||
(2) Where, in any proceedings against a person for an offence under section 5 , 6 , 7 or 8 , it is proved that— | ||
(a) a gift, consideration or advantage has been— | ||
(i) given to an official or a connected person of an official, | ||
(ii) given to a person while intended to be for the benefit of an official or a connected person of an official, or | ||
(iii) received by or on behalf of an official or a connected person of an official, | ||
and | ||
(b) the official performed or omitted to perform any of the functions to which this subsection applies by virtue of subsection (3) so as to give rise to an undue benefit or advantage to the person who gave the gift, consideration or advantage, or on whose behalf the gift, consideration or advantage was given, | ||
the gift, consideration or advantage shall be presumed to have been given and received corruptly as an inducement to, or reward for, or otherwise on account of, that official doing an act in relation to the performance of any of those functions, unless the contrary is proved. | ||
(3)Subsections (1) and (2) apply to functions of officials relating to the following matters or under the following enactments: | ||
(a) the awarding, granting, issuing, sanctioning, renewal, refusal, withdrawal or revocation of— | ||
(i) a tender for goods or services, | ||
(ii) a contract, | ||
(iii) a grant, payment or loan, or a credit facility of any kind, | ||
(iv) a licence, permit, certificate, warrant, authorisation or similar permission or instrument, or | ||
(v) a passport, visa or immigration permission or status; | ||
(b) the making of a decision regarding— | ||
(i) the appointment of a person to an office, position or employment, | ||
(ii) the acquisition, letting or sale of any land or other property by any means, or | ||
(iii) a designation affecting the treatment of any land, cash or other property or income for the purposes of any tax or any rate of taxation; | ||
(c) the investigation or prosecution of offences; | ||
(d) the exercise of judicial functions; | ||
(e) the administration of justice; | ||
(f) the performance by the Central Bank of Ireland of its functions; | ||
(g) the performance by the National Asset Management Agency of its functions; | ||
(h) the Planning and Development Acts 2000 to 2016 and any Act which is to be construed together as one with those Acts. | ||
(4) The Minister may prescribe a class of persons for the purposes of paragraph (i) of the definition of “connected person” of an official in subsection (5) only if the Minister is satisfied that it would be appropriate for the provisions of this section to be applied in relation to members of the class, having regard to any heightened risk, arising from their close family relationship with the official, that such persons may be involved in offences under sections 5, 6, 7 and 8. | ||
(5) In this section— | ||
“civil partner” has the meaning it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
“connected person”, in relation to an official, means— | ||
(a) an individual who has joint beneficial ownership of a legal entity or legal arrangement, or any other close business relations, with the official, | ||
(b) an individual who has sole beneficial ownership of a legal entity or legal arrangement set up for the actual benefit of the official, | ||
(c) a spouse or civil partner of the official, | ||
(d) a person who is considered to be equivalent to a spouse or civil partner of the official under the national or other law of the place where the person or official resides, | ||
(e) a child of the official, | ||
(f) a spouse or civil partner of a child of the official, | ||
(g) a person who is considered to be equivalent to a spouse or civil partner of a child of the official under the national or other law of the place where the person or child resides, | ||
(h) a parent of the official, or | ||
(i) any person who is a member of a class of persons prescribed under subsection (4). |