National Review of Anti-Corruption and Anti-Fraud Structures
Arising from the report on Corporate, Economic and Regulatory Frameworks (2017), the Irish Government has established a national review of anti-corruption and anti-fraud structures. A former Director of Public Prosecutions will chair the review, which is scheduled to publish its report by July 2019.
Completion Status:
Commitment filtering:
The commitment refers to a concrete mechanism, i.e., it is an over-arching review of the existing anti-corruption and anti-fraud framework.
The commitment refers to a specific action included in the report Measures to Enhance Ireland’s Corporate, Economic and Regulatory Framework[1]: “A review of anti-corruption and anti-fraud structures and procedures will be led by the Department of Justice and Equality to ensure that all state bodies with a role in the prevention, detection, investigation and prosecution of fraud and corruption are working effectively together”.[2] The commitment is measurable against the completion of the review and publication of the associated report within a certain timeframe (July 2019).
[1] Government of Ireland, Measures to Enhance Ireland’s Corporate, Economic and Regulatory Framework: Ireland combatting “white-collar” crime, https://merrionstreet.ie/merrionstreet/en/imagelibrary/20171101_measures_to_enhance_regulatory_framework.pdf.
[2] Ibid., p. 11.
Ireland
Evaluation:
In November 2017, the Government published a document titled Measures to Enhance Ireland’s Corporate, Economic and Regulatory Framework: Ireland Combatting “White-Collar” Crime.[1] One of the actions outlined was a national review of existing anti-corruption and anti-fraud structures “to ensure that all state bodies with a role in the prevention, detection, investigation and prosecution of fraud and corruption are working effectively together”.[2] Officially called the Review of structures and strategies to prevent, investigate and penalise economic crime and corruption: Report of the Review Group[3] it is better known as the Hamilton Report.[4] The Hamilton Report was delayed and not published by July 2019 as promised in the commitment, but was published in December 2020. It includes 25 recommendations for short-, medium- and long-term measures “to enhance the capacities of the relevant agencies and Government Departments to combat economic crime across legislative, policy and regulatory fields”. An implementation plan was launched by the Minister for Justice in April 2021, which groups actions into structural/systemic, resourcing, and legislative pillars.[5]
| Challenges to effective commitment implementation |
| The original timeline set out in November 2017 called for the review to be carried out in Q2 2018,[6] but the review group did not meet for the first time until November 2018.[7] A subsequent mooted publication date in late 2019[8] was also missed, due, it would appear, to the scale and scope of the review.[9] The report states that it was “almost complete when the Covid-19 pandemic struck Ireland’ and that a “minor consequence was to delay the finalisation of the Report”,[10] which was eventually published in December 2020.[11]
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| Recommendations |
| As noted in connection with the UNCAC recommendations, which overlap to a large degree with the recommendations of the Hamilton Report, the Implementation Plan based on the report is far-reaching and encompasses structural, resourcing and legislative aspects across several government departments” remits, within ambitious timelines, e.g., establishment of a cross-sectoral Advisory Council against Economic Crime and Corruption; development of a “formal and continuous joint training programme for investigators of economic crime and corruption”; a “comprehensive review” of legislation to facilitate exchange of information between investigative authorities; amend or introduce legislation on search warrants, powers of detention, bid-rigging, and freezing orders.[12] The Hamilton Report stresses the problem of resources above all else, referring to it as “the single overwhelming weakness in the existing system”.[13] These include gaps in staffing, expertise, and technological capacity. Ireland should ensure that all government units are adequately resourced to carry out the Implementation Plan’s actions effectively. TI Ireland has also recommended that the government consider establishing an independent National Anti-Corruption Bureau and focus greater attention on intelligence-led policing of public-sector corruption. These are among a number of recommendations made as part of its submission on the Reform of Fraud/Anti-Corruption Structures in 2019.[14]
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[1] Government of Ireland, Measures to Enhance Ireland’s Corporate, Economic and Regulatory Framework: Ireland combatting “white-collar crime”, https://merrionstreet.ie/merrionstreet/en/imagelibrary/20171101_measures_to_enhance_regulatory_framework.pdf.
[2] Ibid., p. 11.
[3] Department of Justice Ireland, Review of structures and strategies to prevent, investigate and penalise
economic crime and corruption: Report of the Review Group, http://www.justice.ie/en/JELR/Hamiliton_Review_Group_Report.pdf/Files/Hamiliton_Review_Group_Report.pdf
[4] After Mr James Hamilton, the former Director of Public Prosecutions who chaired the Review Group.
[5] Department of Justice Irealnd, Implementation plan to tackle economic crime and corruption published by Minister McEntee, https://www.gov.ie/en/press-release/584ac-implementation-plan-to-tackle-economic-crime-and-corruption-published-by-minister-mcentee/
[6] Government of Ireland, Measures to Enhance Ireland’s Corporate, Economic and Regulatory Framework: Ireland combatting “white-collar crime”, p. 11, https://merrionstreet.ie/merrionstreet/en/imagelibrary/20171101_measures_to_enhance_regulatory_framework.pdf
[7] Department of Justice ireland, Review of anti-fraud and anti-corruption structures and procedures – public consultation, https://www.justice.ie/en/JELR/Pages/Review_of_anti-fraud_and_anti-corruption_structures_and_procedures
[8] Houses of the Oireachtas, Response to Parliamentary Question 318 of 2 July 2019, https://www.oireachtas.ie/en/debates/question/2019-07-02/318/
[9] Houses of the Oireachtas, Response to Parliamentary Question 157 of 16 July 2020, https://www.oireachtas.ie/en/debates/question/2020-07-16/157/
[10] Department of Justice Ireland, Review of structures and strategies to prevent, investigate and penalise
economic crime and corruption: Report of the Review Group, p. 6, http://www.justice.ie/en/JELR/Hamiliton_Review_Group_Report.pdf/Files/Hamiliton_Review_Group_Report.pdf
[11] A&L Goodbody, Publication of the Hamilton Report: 25 recommendations for economic crime reform, https://www.algoodbody.com/insights-publications/publication-of-the-hamilton-report-25-recommendations-for-economic-crime-reform
[12] Department of Justice Ireland, A review of structures and strategies to prevent, investigate and penalise
economic crime and corruption: Implementation Plan, pp. 2-9, https://assets.gov.ie/132711/23849405-f3ce-4910-8cab-45f3c757370c.pdf.
[13] Department of Justice Ireland, Review of structures and strategies to prevent, investigate and penalise
economic crime and corruption: Report of the Review Group, p. 107, http://www.justice.ie/en/JELR/Hamiliton_Review_Group_Report.pdf/Files/Hamiliton_Review_Group_Report.pdf
[14] Transparency International Ireland, 2019: Submission on reform of Anti-Fraud/Anti-Corruption Structures, https://www.transparency.ie/resources/submissions/reform-anti-fraud-corruption-structures