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It is odd that Irish politicians have resorted to the mantra “…no favours asked and no favours givenâ€?, in relation to the disclosure of payments, of one kind or another, to them. As an implied statement of law it is mistaken. A bribe is a payment for a favour, not a payment in return for a favour. Whether the favour is delivered or not is irrelevant (The Public Bodies Corrupt Practices Act 1889 and The Prevention of Corruption Acts 1906 and 1916).

Section 2 of the Act of 1916 established the rebuttable presumption of a corrupt payment where it is made by a person holding or seeking to hold a contract with [..the relevant body] to [..a director or officer or employee of the relevant body].

In short, the intentions of the payee and the recipient are not matters requiring proof by the prosecution in a trial, nor is the fact of delivery of a “favourâ€?.

(The 1906 Act extended the offences in the Public Bodies Corrupt Practices Act 1889 to employees in private employment. Private employers are affected only by the 1889 Act).

One Comment

  1. Also see
    S4 of Prevention of Corruption (Amendment) Act, 2001