Ethics in Public Office Act, 1995

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Amendment of Prevention of Corruption Acts, 1889 to 1916.

38.—The Prevention of Corruption Acts, 1889 to 1916, shall be amended as follows:

(a) in the Public Bodies Corrupt Practices Act, 1889 —

(i) in section 1—

(I) by the substitution for “any member, officer or servant of”, in each place where it occurs in subsection (1) and (2), of “an office holder or his or her special adviser or a director of, or occupier of a position of employment in,”, and

(II) the substitution for “public body”, where it secondly occurs in subsection (1) and (2), of “office holder or public body”,

and

(ii) in section 2, by the substitution of the following paragraph for paragraph (a):

“(a) (i) if the conviction is a summary conviction, be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(ii) if the conviction is on indictment, be liable to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 7 years or to both,

and paragraphs (b) to (e) of this subsection shall apply only if the conviction is on indictment; and”,

and

(iii) in section 7, by the substitution of the following definitions for the definitions of “public body” and “public office”;

“‘public office’ means any office or employment of a person as an office holder or special adviser or as a director of, or occupier of a position of employment in, a public body;

‘director’, ‘office holder’, ‘public body’ and ‘special adviser’ have the meanings assigned to them by the Ethics in Public Office Act, 1995:”,

(b) in section 1 of the Prevention of Corruption Act, 1906 —

(i) in subsection (1), by the substitution for the words from “and shall be liable” to the end of the subsection, of “and shall be liable—

(I) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(II) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 7 years or to both.”,

and

(ii) by the substitution of the following subsection for subsection (3):

“(3) In this Act ‘agent’ also includes an office holder or a director (within the meaning, in each case, of the Public Bodies Corrupt Practices Act, 1889 , as amended) of, and a person occupying a position of employment in, a public body (within the meaning aforesaid) and a special adviser (within the meaning aforesaid).”,

and

(c) in the Prevention of Corruption Act, 1916 —

(i) by the deletion of section 1,

(ii) by the substitution of the following section for section 2:

“2.—Where in any proceedings against a person for an offence under the Prevention of Corruption Act, 1906 , as amended, or the Public Bodies Corrupt Practices Act, 1889 , as amended, it is proved that any money, gift or other consideration has been paid or given to or received by an office holder or special adviser or a director of, or occupier of a position of employment in, a public body by or from a person or agent of a person holding or seeking to obtain a contract from a Minister of the Government or a public body, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in such Act unless the contrary is proved.”, and

(iii) in section 4, by the substitution of the following subsection for subsections (2) and (3):

“(2) In this Act ‘director’, ‘office holder’, ‘special adviser’ and ‘public body’ have the meanings assigned to them by the Public Bodies Corrupt Practices Act, 1889 , as amended, and ‘agent’ and ‘consideration’ have the meanings assigned to them by the Prevention of Corruption Act, 1906 , as amended.”,

and the said section 1, as amended by this section, of the Public Bodies Corrupt Practices Act, 1889 , is set out in the Table to this section.

TABLE

1. (1) Every person who shall by himself or by or in conjunction with any other person, corruptly solicit or receive, or agree to receive, for himself, or for any other person, any gift, loan, fee, reward, or advantage whatever as an inducement to, or reward for, or otherwise on account of an office holder or his or her special adviser or a director of, or occupier of a position of employment in, a public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the said office holder or public body is concerned, shall be guilty of a misdemeanour.

(2) Every person who shall by himself or by or in conjunction with any other person corruptly give, promise, or offer any gift, loan, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of an office holder or his or her special adviser or a director of, or occupier of a position of employment in, any public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such office holder or public body as aforesaid is concerned, shall be guilty of a misdemeanour.