COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Ireland Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 507 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Ireland
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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1
ABSTRACT
Reforms of the Irish justice system have continued. A new draft law on judicial appointments
and promotions, which proposes to establish a Judicial Appointments Commission, was tabled
in Parliament. The draft law limits the level of discretion of the Government in the appointment
procedure, however the fact that the proposed Commission does not consist of a clear majority
of judges chosen by their peers raises concerns. The Judicial Council adopted guidelines for
the judiciary on conduct and ethics, where the role and discretion retained by Parliament on the
removal of judges could raise concerns about the potential politicisation of the process. The
Attorney General introduced a scheme to provide legal representation to judges in case of
misconduct, which is a positive development to strengthen judicial independence. Additional
judicial posts have been filled in the High Court, while the number of judges per inhabitant
remains low. High litigation costs and shortcomings within the legal aid system continue to
raise concerns, however, work is ongoing to address those challenges. The digitalisation of
justice has progressed with the adoption of ICT and Data Strategies. Work on the review of the
Offences Against the State Act relating to the Special Criminal Court has continued. A draft
law establishing a compensation scheme for cases of excessive length of court proceedings has
been proposed.
Ireland continues to review its national anti-corruption structure and strategy. The development
of the multi-annual National Strategy and Action Plan to Combat Economic Crime and
Corruption has been affected by delays in establishing a permanent Advisory Council. A new
criminal procedural act entered in force in 2021 and should make dealing with complex
offences – including corruption – more efficient, but further reforms are needed to strengthen
the fight against corruption. A review of the ethics legislative framework has started and
includes addressing weaknesses in the asset disclosure legislation. The review also aims at
reinforcing the capacity of the Standards in Public Office Commission, which currently lacks
any enforcement powers in most areas related to its mandate. Legislation on whistleblowing is
being discussed in Parliament and is expected to be approved during the first half of 2022. As
regards prosecution and investigation of corruption, cooperation between relevant authorities
is good. In addition, resources in the prosecution of corruption begun to be reinforced, while
the number of cases detected and investigated continues to increase.
Ireland is finalising a legislative overhaul of its media law undertaken in the context of
transposing the revised Audiovisual Media Services Directive. Authorities have taken steps to
mitigate the financial burden on media outlets caused by the pandemic and public information
campaigns on the COVID-19 pandemic have played a role in supporting the viability of media
outlets. Although recent figures show an even split of state advertising spending across national
and regional media outlets, the lack of specific rules regarding the allocation of state advertising
funds hinders the transparency of the process. The professional environment for journalists is
largely safe and the ongoing reform of the defamation rules is expected to have a positive
impact on the work of journalists.
Following discussions related to the consideration of new bills, new working methods have
been adopted to improve the management of business in Parliament. The Irish Human Rights
and Equality Commission has been re-accredited A status and received further funding. Ireland
has a vibrant and diverse civil society, but a reform on the Electoral Act has not addressed
concerns regarding legal obstacles for the funding of Civil Society Organisations.
2
RECOMMENDATIONS
It is recommended to Ireland to:
 Ensure that the reform of the appointment and promotion of judges, as regards the
composition of the Judicial Appointment Commission, is taking into account European
standards on judicial appointments.
 Continue actions aimed at reducing litigation costs to ensure effective access to justice,
taking into account European standards on disproportionate costs of litigation and their
impact on access to courts.
 Strengthen the existing ethics framework, including on codes of conduct, asset declarations,
revolving doors and lobbying, and in particular as regards the monitoring and enforcement
capacity of the Standards in Public Office Commission.
 Continue the reform of the Defamation Act to improve the professional environment for
journalists taking into account European standards on the protection of journalists.
 Take measures to address legal obstacles related to access to funding for civil society
organisations.
3
I. JUSTICE SYSTEM
Ireland is a common law jurisdiction, whose judiciary is divided into a civil and a criminal
branch. The court system comprises a court of final appeal (the Supreme Court), a Court of
Appeal, and courts of first instance which include a High Court with full jurisdiction in all
criminal and civil matters and courts of limited jurisdiction: the Circuit Court and the District
Court organised on a geographical basis. The Special Criminal Courts1
are non-jury courts and
deal with paramilitary, subversive and organised crime cases. Moreover, a number of
specialised tribunals2
operate in different areas. A Judicial Council3
was established in 2019.
Judicial appointments are made by the President of Ireland, acting on the advice of the
Government. The Judicial Appointments Advisory Board (JAAB) is tasked with the selection
of suitable candidates for appointment. The prosecution service is not part of the judicial
branch. The Attorney General is the legal adviser to the Government. The legal profession has
two types of lawyers – solicitors, represented by the Law Society, and barristers, largely
represented by the Bar of Ireland. The Legal Services Regulatory Authority, an independent
body established in 2016, is Ireland’s national statutory regulator for both branches of the legal
profession.
Independence
The level of perceived judicial independence in Ireland continues to be high among the
general public and very high among companies. Overall, 73% of the general population and
77% of companies perceive the level of independence of courts and judges to be ‘fairly or very
good’ in 20224
. According to data in the 2022 EU Justice Scoreboard, the level has remained
consistently high for the general public and very high for companies since 2016. The perceived
judicial independence among the general public remains at the same level than in 2021. The
perceived judicial independence among companies has slightly increased since 2021 (76%),
but is lower in comparison with 2016 (79%).
1
The Offences Against the State Act 1939 provides for the establishment of Special Criminal Courts. A Special
Criminal Court now known as Special Criminal Court No. 1 is operating since 1972. Special Criminal Court
No. 2 was established and is operating since 2016. A Special Criminal Court sits with three Judges and no
jury. The Government appoints a panel of High Court, Circuit Court and District Court Judges to sit in the
Special Criminal Courts. There are currently nineteen judges on the panel. Cases involving terrorism and
organised crime offences are automatically brought before a Special Criminal Court for trial. Other offences
are brought before or sent for trial when the Director of Public Prosecutions certifies that the ordinary Courts
are inadequate to secure the effective administration of justice and the preservation of public peace and order.
An appeal against a conviction or sentence by the Special Criminal Courts can be brought to the Court of
Appeal.
2
Including a Labour Court, which has sole appellate jurisdiction in all disputes under employment rights
enactments. While the Labour Court is not a court of law, when exercising this jurisdiction the Labour Court
is involved in the administration of justice. The Court also carries a jurisdiction under the Industrial Relations
Acts 1946 – 2015. In exercise of that jurisdiction it operates as an industrial relations tribunal, hearing both
sides in a case and then issuing a Recommendation setting out its opinion on the dispute and the terms on
which it should be settled. Recommendations made by the Court concerning the investigation of disputes under
the Industrial Relations Acts 1946 – 2015 are not binding on the parties concerned. The Court's determinations
under the Employment Rights enactments are legally binding.
3
The main functions of the Judicial Council are to consider complaints in relation to judicial misconduct, to
ensure the continuous education and training of judges and to draft guidelines on certain issues including
personal injuries’ damages.
4
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good);
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
4
The composition of the envisaged Judicial Appointments Commission proposed in the
Judicial Appointments Bill raises some concerns. On 8 April 2022, the Government tabled
a draft law in Parliament on the appointment and promotion of judges5
. It provides for the
establishment of a Judicial Appointments Commission composed of nine members to replace
the current JAAB6
. The Commission would be chaired by the Chief Justice and would have
three judicial members7
and four lay members8
, as well as the Attorney General in a non-voting
capacity. This will lead to a total of eight voting members – four judicial and four lay persons.
The draft law has incorporated some provisions following the consultations with stakeholders,
such as unifying the procedure for appointments and promotions. The draft law also includes
additional guarantees to limit the level of discretion of the Government in the appointment
procedure. In particular, the draft law provides that the Commission would present three
candidates to the Government, and two additional recommendations for a second and additional
vacancies. In addition, the Government shall, in nominating a person for appointment or
election to a judicial office, consider for nomination only those persons who have been
recommended by the Commission. Therefore, this system better limits the discretion of the
Government compared to both the current system of a list of seven candidates9
and the system
envisaged in the General Scheme10
of five unranked candidates. However, as already reflected
in the 2021 Rule of Law Report11
, the composition of the envisaged Commission12
does not
provide for a clear majority of judges chosen by their peers13
. In addition, the fact that the
Attorney General would sit on the Commission in an ex-officio non-voting capacity was
considered a concern by stakeholders14
. It is important that the final reform approved in
Parliament guarantees judicial independence, in line with EU law and taking into account
European standards15
.
5
Judicial Appointments Commission Bill 2022.
6
2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 3. The JAAB is made up
of the five court presidents, the Attorney General, a representative from both the Law Society and the Bar
Council, and three lay members appointed by the Minister for Justice.
7
Two judges nominated by the Judicial Council (one having been a practising solicitor and one having been a
practising barrister), one court president (being the president of the court in respect of which the Commission
is to recommend persons for appointment).
8
All will be selected in open competition by the Public Appointments Service.
9
Section 16 of the Courts and Court Officers Act 1995.
10
General Scheme of the Judicial Appointments Commission Bill 2020. Before a draft law (a Bill) is finalised,
a ‘General Scheme’ of the Bill may be published, and this is often called the heads of the Bill.
11
2021 Rule of Law Report, country chapter on the rule of law situation in Ireland, p. 4.
12
However, the composition of the envisaged Commission can be considered as an improvement compared to
the composition foreseen in the draft law tabled in 2017 (which lapsed with the end of the previous
parliamentary term) and which had a lay majority and a lay chairperson.
13
Venice Commission, CDL-AD(2020)006, para.19.
14
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 4. The Human Rights
and Equality Commission and the Law Society raised concerns as regards the independence of the Commission
from the Government, as the Attorney General is also the Government’s chief legal advisor and sits at cabinet
meetings.
In this context, the Government of Ireland has pointed out that the Attorney General is a constitutional Office
Holder who has a particular role in upholding the independence of the Judiciary, and the draft law, in all its
elements, including in particular those relating to the composition of the Commission and notably its inclusion
of a substantial number of judges and an equal number of lay persons, was drafted on the basis of careful legal
considerations and will serve to strongly underpin the independence of the Judicial Appointments
Commission.
15
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paras 46- 47.
The European Court of Justice has, in the context of judicial appointments made by the executive branch with
the involvement of a Judicial Appointments Committee, indicated that for such Committee to contribute to
5
The Judicial Council has adopted conduct and ethics guidelines for judges. On 4 February
2022, the Judicial Council approved guidelines on conduct and ethics16
for the judiciary. The
guidelines had been prepared by the Judicial Conduct Committee of the Judicial Council and
were approved unanimously by the 167 members of the Council. The guidelines are structured
in line with the principles of the 2002 United Nations Judicial Group on Strengthening Judicial
Integrity, the so-called ‘Bangalore Principles’: judicial independence, impartiality, integrity,
equality, propriety, competence and diligence, and equality. They provide the framework for a
detailed judicial misconduct complaints procedure as outlined in the Judicial Council Act 2019.
However, Parliament remains in charge of deciding on the removal of judges from office and
retains its margin of discretion in that regard17
. As reflected in the 2021 Rule of Law Report18
,
this could raise concerns about the potential politicisation of the process, even if this process
has so far never been engaged19
.
A scheme has been set up offering the possibility of legal representation by the Chief State
Solicitor to judges in case of misconduct. In February 2022, the Attorney General introduced
a protocol to specify the procedure and arrangements for the provision of legal representation
to a judge in respect of a complaint before the Judicial Conduct Committee. The protocol was
introduced to safeguard the independence of the judiciary and to ensure judges have available
legal representation in relation to any allegations of judicial misconduct. The protocol indicates
that in case of complaints, judges shall be entitled to legal representation by the Office of the
Chief State Solicitor20
; in particular, a panel of six senior and six junior counsels is set up for
the implementation of the protocol. All costs related to such legal representation shall be borne
by the Office of the Chief State Solicitor. Judges remain free to seek legal representation
outside the arrangements of the protocol. The European Association of Judges has considered
this scheme to have a positive impact on the independence of judges in Ireland21
.
The regime of incompatibilities of the Attorney General could be further strengthened.
Under the Irish Constitution22
, the Attorney General is the legal adviser to the Government but
is not a member of Government23
. There are no rules in place related to temporary employment
of the Attorney General which may be incompatible with the exercise of their functions.
However, some legal guarantees exist. With the permission of the Government, it may be that
a newly appointed Attorney General has existing legal commitments that must be completed
in order to discharge professional obligations24
. In addition, the Attorney General is subject to
a legal requirement to publicly disclose material conflicts of interest and to verify that taxes
making the process more objective, it should be sufficiently independent of the legislative and executive and
of the authority to which it is required to deliver a judicial appointment proposal. Judgment of the Court of
Justice of 20 April 2021, Repubblika, case C-896/19, para. 66.
16
Judicial Council 2022, Guidelines for the judiciary on conduct and ethics.
17
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 6.
18
Ibid.
19
Venice Commission opinion (CDL-AD(2010)004-e, para. 70.
20
The Chief State Solicitor's Office (CSSO) is a constituent element of the Office of the Attorney General. The
CSSO provides litigation, advisory and conveyancing services to Government Departments and Offices and
to certain other State agencies. The CSSO also provides solicitor services at Tribunals and Commissions of
Inquiry and represents Ireland at the Court of Justice of the European Union.
21
Contribution from the European Association of Judges for the 2022 Rule of Law Report, p. 21.
22
Constitution of Ireland, Article 30.
23
The Attorney General has limited prosecution responsibilities. Those responsibilities are mostly held by the
Director of Public Prosecutions. According to the Ministers and Secretaries Act 1924, section 6(2), an Attorney
General may also be elected to be a member of the Parliament.
24
In practice this has arised in only a small number of cases.
6
are compliant. The Attorney General has also to comply with Prevention of Corruption
legislation and has ongoing ethical and professional obligations as a practising (court advocate)
barrister. Traditionally, Attorneys General have been practising court advocates (barristers)
prior to appointment and in instances where a conflict of interest or a perceived conflict of
interest arises in relating to existing State legal files or new files that arise during the term of
office of an Attorney General (for example, where an Attorney General may have prior to
appointment advised a person involved in litigation against the State), the practice is for
Attorneys General to recuse themselves from the relevant file. Though long-established, these
situations related to the regime of incompatibilities of the Attorney General may affect
perceptions of their independence.
Quality
The number of judges in the High Court has been increased, while the number of judges
per inhabitant in Ireland remains low. In November 2021, Parliament approved a proposal
by the Government25
to fill five additional posts in the High Court26
. However, the President
of the High Court has stated that even more judges are needed to deal with the backlog of cases
caused by the pandemic27
. In addition, the number of judges per inhabitant remains the lowest
of the EU28
. The report of the Judicial Planning Working Group set up by the Government29
to
consider the number and type of judges required to ensure the efficient administration of justice
over the next 5 years is expected to be published in October 2022. Moreover, the Government
requested the OECD to undertake an independent research to make a comparative analysis of
the number of judges with other OECD countries. The findings of this research will be used as
an evidential base to support the deliberations of the Working Group recommendations.
The Government continues to work to address existing concerns in relation to litigation
costs and the legal aid system. Following a review of the Administration of Civil Justice in
202030
, concerns have remained in relation to the litigation costs in Ireland31
. The Minister for
Justice stated in October 2021 that legal costs in Ireland are prohibitive and act as a barrier to
people exercising their rights before the courts32
. The lack of predictability of costs is
particularly problematic for victimless claims, such as environmental claims33
, where litigants
are not aiming to gain an economic benefit from their legal action, but act in the public interest.
It has been pointed out34
that the issue is also aggravated due to the limited range of possibilities
for alternative dispute resolution in Ireland35
. A Working Group on costs of litigation is
carrying out an economic analysis of models or approaches to reducing litigation costs and it
25
Civil Law (Miscellaneous Provisions) Act 2021.
26
Input from Ireland for the 2022 Rule of Law Report, p. 11.
27
Contribution from Law Society of Ireland for the 2022 Rule of Law Report, p. 12. The President of the High
Court has stated that at least 17 additional posts are needed.
28
Figure 36, 2022 EU Justice Scoreboard.
29
The Working Group is independently chaired and comprises representatives from the Departments of Justice,
Public Expenditure and Reform and An Taoiseach, the Courts Service and the Office of the Attorney General.
30
Review Group Report on the Administration of Civil Justice, Chairperson: The Hon. Mr. Justice Peter Kelly,
Former President of the High Court.
31
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 7.
32
Chief Justice’s Working Group on Access to Justice Conference 1st and 2nd October 2021.
33
European Commission (2019), The Environmental Implementation Review 2019, Country Report Ireland. The
review recommended Ireland to ensure that individuals and environmental NGOs can bring environmental
challenges without facing prohibitive costs, including in nature and air quality cases.
34
Information received from ISME in the context of the country visit to Ireland.
35
Figure 29, 2022 EU Justice Scoreboard.
7
is expected to publish its findings in June 2022. This is important, as European standards
provide that disproportionate high costs can limit the access to a court of citizens36
. In relation
to legal aid, the Civil Legal Aid Bill 202137
is progressing through Parliament. In addition, a
General Scheme of a Criminal Legal Aid Bill is being prepared, which aims to transfer the
administration of the Criminal Legal Aid Scheme to the Legal Aid Board. Stakeholders have
raised concerns that cuts on legal aid fees imposed since 2008 are still in force, discouraging
barristers from pursuing a career at the Bar in criminal practice, threatening the criminal justice
system38
.
The development of digital solutions, as planned in new digital justice strategies, will
enhance the digitalisation of justice, including the use of digital technology by courts. In
October 2021, the Courts Service39
published the ICT Strategy 2021-202440
. The strategy
identifies 6 key themes and 42 actions, targeting improvements in areas such as court
technology and digital case management, as well as desktop and infrastructure enhancements,
ICT security and resilience, and ICT governance. The ICT Strategy was complemented in
December 2021 with a Data Strategy41
, aimed at strengthening existing data governance and
data security processes. These strategies may contribute to remedy existing gaps in the
digitalisation of justice. In particular, Ireland scores below the EU average on the use of digital
technology by courts42
, electronic communication tools in courts43
, digital solutions to conduct
and follow court proceedings in criminal cases44
and procedural rules that allow digital
technology in court cases45
. It is also important that the digitalisation of the Irish justice system
allows for the gathering of data on the length of proceedings.
Work on the review of the Offences Against the State Acts continues. The Group to review
the Offences Against the State Acts, set up in February 2021, has continued its work. The
Group was set up following calls from the United Nations and civil society for considering
either the abolition of the Special Criminal Court, which was established in 1972 to deal with
terrorism and organised crime cases, or to strengthen the procedure of the Court to ensure
respect of the right to fair trial46
. The Group submitted an interim report to the Minister for
Justice in August 202147
.
36
Judgments of the European Court of Human Rights of 28 October 1998, Aït-Mouhoub v. France, 22924/93,
paras. 57-58, and of 15 February 2000, Garcia Manibardo v. Spain, 38695/97, paras. 38-45.
37
Civil Legal Aid (Exclusion of Value of Free or Partly Free Board) (Amendment) Bill 2021.
38
Written contribution from the Irish Council for Civil Liberties in the context of the country visit, p. 4;
information received by the Bar of Ireland in the context of the country visit to Ireland.
39
The Courts Service is responsible for the administration and management of the courts in Ireland. Its primary
functions are to manage the courts, support the judges, provide information on the courts system to the public
and provide court buildings and facilities for court users. The Courts Service has no role in relation to the
administration of justice which is a matter for the courts and the judiciary.
40
Courts Service 2021, ICT Strategy 2021-2024.
41
Courts Service 2021, Data Strategy 2021-2024.
42
Figure 43, 2022 EU Justice Scoreboard.
43
Figure 44, 2022 EU Justice Scoreboard.
44
Figure 47, 2022 EU Justice Scoreboard.
45
Figure 42, 2022 EU Justice Scoreboard.
46
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8.
47
Review of the Offences Against the State Acts 1939 to 1998, August 2021. Three-month report to the Minister
for Justice.
8
Efficiency
The length of court proceedings is not systemically assessed. There is no system to regularly
evaluate the court performance based on defined indicators. Therefore, there is no information
on the length of proceedings provided in the Justice Scoreboard48
, with the exception of the
rate of resolving litigious civil and commercial cases, which is one of the lowest in the EU49
.
Some information is available in annual reports from the Court Service. Those reports show
that the average length of proceedings in the High Court in 2020 was 660 days, a decrease of
around 125 days from 201950
. However, the average length of proceedings for criminal cases
regarding summary offences slightly increased (by around 33 days in comparison with 2019)51
.
The length of proceedings at the Court of Appeal has significantly decreased both for civil
cases (from 1220 days in 2019 to 579 days in 2020) and criminal cases (from 705 days in 2019
to 371 days in 2020)52
. The average length of proceedings in the Supreme Court has also
decreased, but remains very high (2513 days in 2020). It would be important that data on the
length of proceedings is systematically recorded in line with the methodology of the Council
of Europe European Commission for the efficiency of justice53
.
The Government has proposed a compensation scheme for cases of excessive length of
court proceedings. Legislation establishing a compensation scheme to award damages in the
event of protracted court proceedings is a long-pending requirement by a European Court of
Human Rights (‘ECtHR’) judgment from 201054
. The Government approved the General
Scheme establishing a compensation scheme for cases of excessive length of court
proceedings55
on 21 July 2021. Its main aim is to provide for the establishment of an
independent Assessment Board to assess claims for delay in court proceedings at first instance
and to award compensation, if appropriate. The General Scheme also provides for the
procedures to be followed by the Board and the criteria by which claims and compensation are
to be assessed, by reference to the criteria and principles applied by the European Court of
Human Rights in delay cases.
II. ANTI-CORRUPTION FRAMEWORK
The responsibility to fight against and prevent corruption in Ireland falls under the control of
several public authorities. The national police (An Garda Síochána), specifically, the Garda
National Economic Crime Bureau (GNECB)56
, investigates and prevents corruption. The
GNECB has a specialised Anti-Bribery & Corruption Unit that oversees the investigation of
bribery and corruption at national level. Within the national police, the Garda Anti-Corruption
Unit (GACU) is responsible for promoting integrity as well as detecting and investigating
corruption. The Garda Síochána Ombudsman Commission (GSOC) investigates cases of
48
Figures 6, 7, 8, 9 and 10, 2022 EU Justice Scoreboard.
49
Figure 11, 2022 EU Justice Scoreboard. Data obtained from CEPEJ study. Only 62% of the incoming cases
were resolved in 2020. The number of resolved cases in Ireland is expected to be underreported due to the
methodology.
50
Courts Service, 2021. Annual Report 2020, p. 105.
51
Ibid.
52
Courts Service, 2021. Annual Report 2020, p. 106.
53
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8. CEPEJ data feed the
EU Justice Scoreboard.
54
Judgment of the Grand Chamber of the European Court of Human Rights of 10 September 2010, McFarlane
v. Ireland, 31333/06.
55
General Scheme of the European Convention on Human Rights (Delay in Court Proceedings) Bill.
56
Specialist bureau that investigates fraud-related crime involving complex issues of criminal law or procedure.
9
misconduct of the national police affecting the public interest57
. The Standards in Public Office
Commission (SIPO) continues overseeing the integrity framework for public officials
including conflicts of interest, lobbying and party financing where it also provides advice to
office holders58
.
The perception of public sector corruption among experts and business executives is that
the level of corruption in the public sector remains relatively low. In the 2021 Corruption
Perceptions Index by Transparency International, Ireland scores 74/100 and ranks 6th
in the
European Union and 13th
globally59
. This perception has been relatively stable60
over the past
5 years. The 2022 Special Eurobarometer on Corruption shows that 59% of respondents
consider corruption widespread in their country (EU average 68%) and 16% of respondents
feel personally affected by corruption in their daily lives (EU average 24%)61
. As regards
businesses, 28% of companies consider that corruption is widespread (EU average 63%) and
7% consider that that corruption is a problem when doing business (EU average 34%)62
.
Furthermore, 32% of respondents find that there are enough successful prosecutions to deter
people from corrupt practices (EU average 34%)63
, while 26% of companies believe that people
and businesses caught for bribing a senior official are appropriately punished (EU average
29%)64
.
The Government’s plan to review the national anti-corruption structure and strategy is
progressing slowly. Following up on the so-called 2020 “Hamilton review”65
, the Government
published a plan for implementing the review’s recommendations66
. One of the commitments
was the establishment of a permanent Advisory Council, which was set-up with some delay in
May 202267
. The Council will be composed of a Chairperson and six representatives from the
57
More information: https://www.gardaombudsman.ie/
58
Including: the Ethics in Public Office Acts 1995, which set out standards of conduct for public officials, elected
and appointed; the Electoral Act 1997, which regulates political financing, including political donations and
election expenses; The Oireachtas (Ministerial and Parliamentary Activities) (Amendment) Act 2014, which
regulates expenditure of public funds to political parties and independents; and the Regulation of Lobbying
Act 2015, which makes the lobbying of public officials more transparent.
59
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50).
60
In 2017 the score was 74, while, in 2021, the score is 74. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last 5 years.
61
Special Eurobarometer 523 on Corruption (2022). The Eurobarometer data on citizens’ corruption perception
and experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
62
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer
data on business attitudes towards corruption as is updated every second year. The previous data set is the
Flash Eurobarometer 482 (2019).
63
Special Eurobarometer 523 on Corruption (2022).
64
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).
65
Department of Justice (2020), Review of structures and strategies to prevent, investigate and penalise
economic crime and corruption Report of the Review Group.
66
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p 10; Department of Justice
(2021), A Review of Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and
Corruption. An Implementation Plan April 2021.
67
James Hamilton, who chaired the Hamilton Review, was announced as chair of the new advisory council. See
Ministry of Justice, Minister McEntee announces former Director of Public Prosecutions to chair new
Advisory Council against Economic Crime and Corruption; Input from Ireland for the 2022 Rule of Law
10
business and financial sectors, academia and civil society. The Advisory Council will be
responsible for the strategic and policy response to corruption and for coordinating the draft of
the anti-corruption strategy68
. Its delayed establishment has adversely affected the development
of the multi-annual National Strategy and Action Plan to Combat Economic Crime and
Corruption. Once the Advisory Council becomes operational, the drafting of the strategy will
start. The draft is expected to be ready in 202369
. Additionally, a permanent forum of senior
representatives from various investigative agencies, established in June 202170
, contributes to
the operationalisation of the strategic approach to fight corruption, enhancing cooperation and
providing a channel for information exchange71
. The forum provides investigators of
corruption with access to joint training programmes72
and is currently collecting information
to identify legislative gaps related to the sharing of information, among other legislative
proposals73
. Further reforms envisaged in the implementation plan, such as the revision of the
ethics framework in public office or the resourcing of specialised bodies, are still pending, with
so far no further steps being noted.
While there is a comprehensive criminal legal framework addressing corruption and
bribery, further reforms could strengthen the fight against corruption. The 2018 Criminal
Justice Act provides for the criminalisation of an extensive range of corruption-related
offences, including foreign bribery, and establishes deterrent sanctions including sentences of
up to 10 years and unlimited fines upon final conviction74
. Following the Hamilton review75
,
the Department of Justice has continued working on the implementation of the legislative
priorities highlighted in last year’s Rule of Law Report76
. The new Criminal Procedure Act
202177
entered into force in February 202278
. The Act introduces preliminary trial hearings to
Report p. 18, and Written contribution received by the Department of Justice in the context of the country visit
to Ireland.
68
Department of Justice (2021), A Review of Structures and Strategies to Prevent, Investigate and Penalise
Economic Crime and Corruption Implementation Plan, April 2021 and Ministry of Justice, Minister McEntee
announces former Director of Public Prosecutions to chair new Advisory Council against Economic Crime
and Corruption.
69
Input from Ireland for the 2022 Rule of Law Report, p. 18, and Written contribution received by the
Department of Justice in the context of the country visit to Ireland.
70
The Forum gathers senior representatives from various investigative agencies including: GNECB, Central
Bank of Ireland (CBI), Competition and Consumer Protection Commission (CCPC), Office of The Director
of Corporate Enforcement (ODCE), Office of the Director of Public Prosecutions (ODPP), and SIPO See:
Department of Justice (2021), A Review of Structures and Strategies to Prevent, Investigate and Penalise
Economic Crime and Corruption Implementation Plan, April 2021, p. 3.
71
Department of Justice (2021), A Review of Structures and Strategies to Prevent, Investigate and Penalise
Economic Crime and Corruption Implementation Plan, April 2021, p. 3.
72
Department of Justice (2021), A Review of Structures and Strategies to Prevent, Investigate and Penalise
Economic Crime and Corruption Implementation Plan, April 2021, p. 3.
73
Following the legislative recommendations included in the Government implementation plan, the Forum is
responsible together with the Department of Justice for conducting a comprehensive review of any legislation
necessary to facilitate the optimal exchange of information and intelligence between investigative agencies to
ensure the necessary clarity on the respective roles and powers of agency personnel under a Joint Agency Task
Force model and in relation to Memoranda of Understanding. See written contribution received by the
Department of Justice in the context of the country visit to Ireland.
74
Criminal Justice (Corruption Offences) Act 2018.
75
Department of Justice (2021), Hamilton Review Group Implementation Plan.
76
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 10.
77
Irish Parliament (2021), Criminal Procedure Act 2021.
78
Criminal Procedure Act 2021.
11
prepare the parties ahead of trials79
, and aims to bring efficiency to processes dealing with
complex criminal offences such as white-collar crimes80
. Also, some key legislative revisions
planned by the Government81
, still remain unaddressed and require further attention82
. These
relate to the inclusion of bid-rigging offences in competition law and public procurement rules,
and to the reinforcement of the ethics framework to address the issue of misconduct of former
members of Parliament and public office holders83
.
Cooperation within and between police and prosecution has proven effective in
investigating and prosecuting corruption. The investigation of corruption offences is a
shared task within the national police, including the GNECB and its specialised Anti-Bribery
& Corruption Unit. In addition, Ireland has recently established a dedicated anti-corruption unit
within the national police, the GACU, to investigate and prevent corruption inside the police,
but no cases of wrongdoing have been reported yet84
. The GACU is led by a Chief
Superintendent who has two Detective Superintendents and 23 police officers of other ranks
reporting to her85
. This special unit includes an integrity section to encourage ethical behaviour
and professionalism across the national police86
. The prosecution of corruption offences
remains under the control of the Office of the Director of Public Prosecutions (ODPP) and its
Special Financial Crime Unit that deals with cases of high complexity87
. However, the national
police can exercise prosecution powers for summary trial in the District Court delegated from
the ODPP for certain low-level offences, including theft, handling and forgery offences. This
does not include corruption offences88
. In these cases, it is for the national police to deliberate
on the prosecution, subject to parameters and legal guarantees set out in General Directives
79
Issues that can be dealt with at the preliminary trial hearings include disclosure, availability of witnesses,
necessity of particular practical measures or technological equipment, length of the trial, severance of
Indictments, additional jurors, agreement of evidence, special measures for vulnerable witnesses, admissibility
of evidence.
80
Department of Justice (2022), Press Release - Pre-trial hearings can take place from today under Act
commenced by Minister McEntee. Updating this legislation was notably a recommendation of the Hamilton
Review. Notably, ‘the Bill has the potential to significantly enhance the ability of the relevant prosecutorial
bodies to effectively prosecute economic crimes and corruption as well as to enhance the efficiency of criminal
trials generally’. See Department of Justice (2020), Review of structures and strategies to prevent, investigate
and penalise economic crime and corruption Report of the Review Group, pp. 34-35.
81
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 10. Further, the amended
General Scheme of An Garda Síochána (Powers) Bill was published in June 2021. Once in force, the Bill will
introduce a single power of arrest and will allow the police to require a person to provide passwords for access
to electronic devices when carrying out a search warrant. However, the bill has been heavily criticised by
stakeholders and members of Parliament, and it remains unclear if it will be proceeded in Parliament.
82
The implementation plan envisaged for recommendations 16 and 17 to be dealt with within 2021 and for
recommendation 12 to seek government approval in Q2 2022. See Department of Justice (2021), Hamilton
Review Group Implementation Plan
83
Recommendation 16 calls to ‘Amend competition law to create a specific offence of bid-rigging or, in the
alternative, specify bid-rigging as an offence as a form of market sharing’; and recommendation 17 calls to
‘introduce legislation to enable the collection, collation and analysis of all public procurement data to detect
and deter bid-rigging’. See Department of Justice (2021), Hamilton Review Group Implementation Plan.
84
Information received from the Police in the context of the country visit to Ireland.
85
Irish National Police and Security service (2021), An Garda Síochána Introduces Anti-Corruption Policies to
Keep People Safe.
86
Input from Ireland for the 2022 Rule of Law Report, p. 31.
87
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 10-11.
88
An offence under section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 (the Act of 2001)
(theft) where the property appropriated does not exceed EUR 7 000 in value.
12
issued by the DPP to of the police.89
. A high-level group within the Department of Justice is
currently reviewing the prosecution role attributed to the national police90
, following a 2018
recommendation from the Commission on the Future of Policing to remove any prosecution
power from the police91
.
Resources assigned to the investigation and prosecution of corruption have increased;
meanwhile the number of cases detected and investigated continues to grow. The
Government has acted upon the critical resources situation within the Prosecutor’s Office92
as
the workload continued to increase in 202193
. The ODPP has confirmed the increase of staff
with 35 new posts, bringing the total to 26094
. This allocation is for the entire Office and not
limited to corruption offences. Not all posts have been filled or assigned yet95
. Currently, there
are three legal staff in the Special Financial Crime Unit of the Prosecutors Office. This Unit’s
purpose is to handle a small number of strategically important financial cases, including some
corruption cases. 96
. While there has been an increase in staff in the police, with 22 new staff
members assigned to the GNECB since last year, resources remain insufficient to effectively
handle corruption cases97
. The national police is currently developing a strategic long-term plan
for resourcing the GNECB, but it remains unclear if its specialised Anti-Bribery & Corruption
Unit will be allocated additional staff98
.
The Government is reviewing the ethics legislative framework with the intention to
present a legislative proposal for reform by the end of this year. Rules on conflicts of
interest national vs. local government level are not harmonised in Ireland99
. As reported last
year, a legislative priority for the Government100
is the consolidation and strengthening of the
legal framework to prevent conflicts of interest in public office101
. The Minister for Public
Expenditure and Reform is currently assessing the results of the public consultation, which
89
For instance, the national police is encouraged to seek direction from the ODPP in such cases where the matter
raises unusual questions or is of public interest. The relevant offences and parameters of the delegation are set
out in General Directives issued by the ODPP and available on the ODPP website
https://www.dppireland.ie/publication-category/general-directive-for-garda/. The main current General
Directive is General Directive No. 3.
90
The Department of Justice set up the High Level Review Group to consider the role of An Garda Síochána in
the public prosecution system and is currently working on a study which is expected to be completed in Q1
2022. Irish Parliament (2022), Question of Mary Lou McDonald to the Minister for Justice.
91
Commission on the Future of Policing in Ireland (2018), The Future of Policing in Ireland.
92
Department of Justice (2021), A Review of Structures and Strategies to Prevent, Investigate and Penalise
Economic Crime and Corruption Implementation Plan, April 2021.
93
Office of the Director of Public Prosecutions (2021), Department of Public Expenditure and Reform, Annual
Report 2020, p. 5.
94
Office of the Director of Public Prosecutions (2021), Department of Public Expenditure and Reform, Annual
Report 2020, p. 5.
95
Information received from ODPP in the context of the country visit to Ireland.
96
Information received from ODPP in the context of the country visit to Ireland.
97
Information received from GNECB in the context of the country visit to Ireland and Department of Justice
(2021), Hamilton Review Group Implementation Plan: A Review of Structures and Strategies to Prevent,
Investigate and Penalise Economic Crime and Corruption, April 2021.
98
Input from Ireland for the 2022 Rule of Law Report, p. 15.
99
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 12.
100
As mentioned by the Irish Minister for Public Expenditure and Reform in the Irish Legal News: ‘My goal, is
to reform the legislation to create a clear and unambiguous ethical framework that supports public governance’
(22 December 2021). See Irish Legal News (2021), Review of Ethics Legislation Consultation extended.
101
Input from Ireland for the 2022 Rule of Law Report, p. 20 and Department of Justice (2021), A Review of
Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption Implementation
Plan, April 2021.
13
closed in January 2022102
. The outcome of the consultation highlights the need for harmonised
ethics rules and raises concerns regarding the limited investigative capacity and lack of
enforcement powers of the Standards in Public Office Commission (SIPO)103
. The review aims
to consolidate the integrity regime for public officials. Its point of departure is the draft 2015
Public Sector Standards Bill104
, which could not be agreed before the dissolution of the
Parliament in 2020105
. The review also aims to provide legal solutions to cases of misconduct
in public office, particularly by former members of Parliament106
. While the outcome of the
review will be available during the course of summer 2022, the Government will not present
the reform proposal until later this year107
. The current integrity framework provides a
legislative basis for codes of conduct for office holders, civil servants, and members of
Parliament108
. However, separate integrity regimes at national and local level generate
confusion as to what ethic requirements should apply to public officials109
. The SIPO continues
monitoring the codes and providing ethics trainings but lacks enforcement powers110
. SIPO’s
investigations in case of misconduct are accessible to the public and followed by an assessment
report and press release111
.
102
Input from Ireland for the 2022 Rule of Law Report, p. 20; Information received from GNECB in the context
of the country visit to Ireland and Irish Government (2021), Ethics in Public Life - Reform and Consolidation
of Ireland’s Statutory Framework: ‘A public consultation exercise launched in November 2021 and closed in
mid-January 2022. Ten submissions were received on foot of this exercise: these include a limited number on
behalf of individual citizens, as well as submissions from opposition political parties. Submissions were also
received from Transparency International’.
103
Information received from Department of Justice in the context of the country visit to Ireland.
104
The 2015 Public Sector Standards Bill aimed at consolidating the statutory framework for ethics and give effect
to relevant recommendations of the Mahon and Moriarty Tribunals. See also 2020 Rule of Law Report,
Country Chapter on the rule of law situation in Ireland, p. 9.
105
2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p.10; Public Sector Standards
Bill 2015.
106
Input from Ireland for the 2022 Rule of Law Report, p. 20 and Department of Justice (2021), A Review of
Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption Implementation
Plan, April 2021.
107
Input from Ireland for the 2022 Rule of Law Report, p. 20.
108
The Code of Conduct for Office Holders (as prescribed under the Ethics Acts) includes Ministers of
Government, the Attorney General and Ministers of State. See https://www.sipo.ie/acts-and-codes/codes-of-
conduct/office-holders/index.xml The Civil Service Code of Standards and Behaviour includes Secretaries
General and Special Advisers. See https://www.sipo.ie/acts-and-codes/codes-of-conduct/ The Codes of
Conduct for Oireachtas Members covers members of Parliament. See https://www.sipo.ie/acts-and-
codes/codes-of-conduct/
109
Irish Government (2021), Ethics in Public Life - Reform and Consolidation of Ireland’s Statutory Framework,
p. 9.
110
SIPO considers that the current ethics legislation should be re-considered in its entirety to provide for a more
robust regulatory framework. In particular, SIPO considers that the legislation governing its work should be
strengthened in order to give it powers to impose sanctions as opposed to being limited to making
recommendations. See Department of Justice (2021), A Review of Structures and Strategies to Prevent,
Investigate and Penalise Economic Crime and Corruption Implementation Plan, April 2021, p. 3 and Standards
in Public Office Commission (2021), 2020 Annual Report, p. 13. In addition, the outgoing Head of Ethics and
Lobbying Regulation said in media that ‘the biggest challenge she had faced in her seven-year term at the
Standards in Public Office Commission (SIPO) was the view that ethics was “a once-a-year, fill-in-a-form”
exercise’. See Independent (2022), No gifts of more than €100 and no hiring family members when you are a
politician or senior public official, says ethics boss.
111
All these reports of investigations are accessible at SIPO’s website.
14
Asset disclosure obligations remain incomplete and are currently being reviewed. Rules
on asset and interest declarations apply to public office holders112
, members of Parliament and
civil servants under the Ethic Acts113
. However, only members of Parliament are required to
publicly disclose their interests and present annual statements to SIPO114
. As reported in several
instances, the material scope of declarations remains limited, as they do not cover significant
liabilities and/or financial and economic involvements115
. As mentioned above, the
Government is committed to review the ethics legislative framework, including the asset
declaration regime, with work continuing during 2022, including as regards the enforcement
powers of the SIPO116
. Reform will cover systematic disclosure of actual and potential conflicts
of interest117
.
SIPO continues to investigate potential breaches of the 2015 Lobbying Act. Ireland’s legal
framework on lobbying provides for a comprehensive set of rules118
. The 2015 Lobbying Act119
and its two statutory reviews ensure a degree of transparency in the activity of lobbying with a
mandatory register for interest representatives, which consists of a public web-based system
subjected to SIPO’s oversight120
. The 2015 Lobbying Act also provides a one-year cooling off
period. However, there are currently no enforcement provisions associated with the post-
employment restrictions121
. The third statutory review of the Act is legally required to start by
1 September 2022122
, SIPO has indicated it could repeat some recommendations, including
introducing sanctions for breaches of the Act with penalties of up to EUR 15.000 and a
prohibition to lobby for 2 years123
. As reported last year, SIPO has a number of powers to
112
Office holders are required to provide a written statement of interests and additional interest including those
of spouses and relatives to SIPO, but these are exempt from publication. This term includes Ministers,
Ministers of State, Taoiseach, Tánaiste, a member who is Attorney General, and Chairman and Deputy of both
Houses and chair of a House Committee; Input from Ireland for the 2022 Rule of Law Report, p. 25.
113
The Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 are cited together as the
Ethics Acts. The Minister for Public Expenditure and Reform has responsibility for these Acts.
114
Input from Ireland for the 2022 Rule of Law Report, p. 25.
115
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p 11-12; GRECO Fourth
Evaluation Round - Second Interim Compliance Report, p. 9.
116
Department of Justice (2021), Hamilton Review Group Implementation Plan.
117
Irish Government (2021), Ethics in Public Life - Reform and Consolidation of Ireland’s Statutory Framework,
p. 10.
118
Including a definition of lobbying, a list of professional activities and sectors involved, and a targeted list of
‘designated public officials’ (DPOs) who are required to declare their meetings and contacts. Department of
Public Expenditure and Reform (2020), Second Statutory Review of the Regulation of Lobbying Act 2015.
119
Irish Statute Book, Regulation of Lobbying Act, 2015.
120
Lobbyists are required to register beforehand and report their lobbying activities every 4 months. Obligations
on lobbyists include registration and to provide information regularly about their lobbying activities, including,
in the case of professional lobbyists, information about their clients A number of updates to the register were
carried during 2020 and 2021 to improve register’s usability and functionality, adding a facility to send return
reminders to users and additional tools to improve searchability. Report 2021 SIPO.
121
In September 2020, the Taoiseach announced in Dáil Éireann that section 22 of the Act, concerning restrictions
on post-term employment as a lobbyist, should be reviewed. Subsequently, the Minister for Public Expenditure
and Reform directed that the review be expanded to include a study of the recommendations made by the
Commission to both previous reviews, as well as the question of lobbying of relevant persons while they are
outside of the State and issues raised in two Private Members’ Bills.
122
Input from Ireland for the 2022 Rule of Law Report, p. 23.
123
Information received from SIPO in the context of the country visit to Ireland.
15
sanction non-compliance124
with the Act by designated public officials125
.. As regards
compliance with transparency in lobbying requirements, SIPO reported three investigations
initiated during 2020 as well as the prosecution of four cases with one case remaining before
court by end 2020 and two in which compliance was achieved prior to a verdict126
.
The Protected Disclosures (Amendment) Bill 2022 is at an advanced stage in the
legislative process and is expected to be enacted in mid July 2022. It aims at transposing
the EU Whistleblowing Directive into Irish law. In particular, it extends the scope of the
legislation to include volunteers, shareholders, persons belonging to the administrative,
management or supervisory body of an undertaking, and those whose work based relationship
is yet to begin.127
. The Government has increased financial support to Transparency
International Ireland (TII) to operate a “Speak Up” helpline and a legal advice centre that offers
information and advice to support whistleblowers and potential whistleblowers. TII has also
been nominated to receive protected disclosures from Garda personnel on suspected corruption.
The GNECB is carrying out special investigations into corruption and fraud involving
the new COVID-19 Pandemic Unemployment Payment. Cases of alleged COVID-related
fraud and corruption are under investigation by the GNECB, in particular in high-risk sectors
including public procurement and health128
. A number of Suspicious Transaction Reports
(STRs) have been submitted by financial institutions alleging COVID-related fraud in areas
such as the COVID-19 Pandemic Unemployment Payment and procurement of personal
protective equipment. These STRs are received by the Financial Intelligence Unit Ireland
which analyses and disseminates them if necessary129
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
In Ireland, the legal framework concerning media pluralism is in the Constitution, which
requires the State to guarantee the exercise of fundamental rights, including freedom of
expression and freedom of the press130
. A well-established self-regulatory framework based on
the Office of the Press Ombudsman and the Press Council of Ireland enables the public opinion
to hold to account editors and journalists131
. In the context of the ongoing transposition of the
revised Audiovisual Media Services Directive, a number of regulatory steps have been taken
to put the Irish media framework on a sustainable foot with the changes affecting the media
landscape in the recent years132
.
124
For example, SIPO can issue fixed payment notices of EUR 200 for the late submission of lobbying returns
and can also prosecute individuals summarily for contravening a number of relevant contraventions as set out
in the legislation.
125
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 11-12 and Irish Statute
Book, Regulation of Lobbying Act, 2015.
126
Standards in Public Office Commission (2021), 2020 Regulation of Lobbying Annual Report, p.16.
127
Amendment of section 3 of Principal Act. Irish Parliament, Protected Disclosures (Amendment) Bill 2022,
128
Input from Ireland for the 2022 Rule of Law Report, p. 33.
129
Ibid.
130
Irish Constitution, Article 40.
131
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 14.
132
However, the laws transposing the Audiovisual Media Services Directive are not in place yet, and on 19 May
2022, the Commission decided to refer Ireland to the Court of Justice of the European Union over its failure
to transpose the Directive, INFR 2020/0531; European Commission (2022) Audiovisual Media Services
Directive: Commission refers five Member States to the Court of Justice of the EU. Ireland ranks 6th in the
2022 Reporters without Borders World Press Freedom Index compared to 12th in the previous year.
16
Preparatory work is ongoing for the establishment of a new media regulatory authority.
As referred in the 2021 Rule of Law Report133
, the new Media Commission will be responsible
for overseeing updated regulations for broadcasting and video on-demand services and the new
regulatory framework for online safety134
. The Media Commission will also have functions on
promotion of pluralistic media, research, media literacy, protection of children, journalists and
creators' support135
. The Media Commission is expected to replace the Broadcasting Authority
of Ireland (BAI) first quarter of 2023136
. In the meantime, action is underway to ensure the
continuation of broadcasting regulation during the transition to the new regulator. In the 2022
budget, the Government allocated EUR 5.5 million to the establishment of the Media
Commission137
.
Self-regulatory bodies in the press sector experienced an increase in the number of
complaints received. In 2021, the Press Ombudsman saw significant numbers of complaints
being made to their Office, related in particular to reporting about the COVID-19 pandemic138
.
Most notably, at the early stages of the COVID-19 pandemic, some issues arose concerning
the respect of privacy and the right of individuals to have their personal medical history kept
private139
. Nevertheless, the Ombudsman concluded that in the vast majority of cases the media
seemed to have covered the COVID-19 pandemic accurately and factually 140
.
A regulatory environment sustaining independent and impartial public service media is
in place. The Broadcasting Act 2009 requires public service broadcasters to be independent
from State, political and commercial influences as regards production of content, presentation
of news and definition of programmes schedules141
. Public service broadcasters are also
required to comply with the Code of Practice for the Governance of State bodies and to follow
governance practices and procedures, including codes of conduct, internal control and
disclosure of interests142
. Every year, the chairs of the Board for the public service broadcasters
are required to confirm to the Minister for Tourism, Culture, Arts, Gaeltacht143
, Sport and
Media that the governance practices and procedures comply with the Code of Practice144
. There
are no reported attempts by government or political parties to directly interfere with editorial
133
2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 13-14.
134
Online Safety and Media Regulation Bill 2022.
135
Ibid.
136
2022 Media Pluralism Monitor, country report for Ireland, p.7, as confirmed by information received from
Broadcasting Authority of Ireland in the context of the country visit to Ireland.
137
Statement by the Minister for Public Expenditure and Reform Michael McGrath TD on Budget 2022 (2021)
Department of Public Expenditure and Reform; Input from Ireland for the 2022 Rule of Law Report, p. 37.
138
Approximately 200 out of 525 complaints received were COVID-related; Contribution from The Office of the
Press Ombudsman for the 2022 Rule of Law Report, p. 4.
139
Information received from The Office of the Press Ombudsman in the context of the country visit.
140
The Press Ombudsman upheld only four COVID-related complaints: two on grounds of accuracy, two on
grounds of privacy, contribution from The Office of the Press Ombudsman for the 2022 Rule of Law Report,
p. 4.
141
Section 98 of the Broadcasting Act 2009, as confirmed by input from Ireland for the 2022 Rule of Law Report,
p. 39.
142
Code of Practice for the Governance of State Bodies; Input from Ireland for the 2022 Rule of Law Report, p.
39.
143
Gaeltacht is an Irish term referring to substantially Irish-speaking areas recognised by the Government with a
view to preserving and extending the use of Irish as a vernacular language, see section 2 of the Ministers and
Secretaries (Amendment) Act 1956.
144
Article 8.2 of the Code of Practice for the Governance of State Bodies (2016); RTE (2020) Annual Report, p.
84.
17
content or public service media activities145.
However, the involvement of the Minister for
Tourism, Culture, Arts, Gaeltacht, Sport and Media in the appointment of the boards and of the
Government in the recruitment of the Directors General has been flagged as a risk factor146
.
Limited funding has also been indicated as a risk for the editorial independence of public
service broadcasters147
.
State advertising has grown in significance during the COVID-19 pandemic and specific
rules are still lacking. Distribution of state advertising has increased during the pandemic and
it would seem, that the placement by the State of advertising addressing COVID-19 measures
helped ensure the viability of some radio stations148
. As referred to in the 2020 Rule of Law
Report, besides standard procurement guidelines, the Irish legal framework does not have
specific rules on the placement of state advertising in media, which affects the transparency of
the precise mechanism governing the distribution of state advertising to media outlets149
. The
Government required that COVID-19 advertisements were evenly placed in national, regional
and local media. 2020 and 2021 figures show an even split of spending across national and
regional media outlets in respect of public information campaigns on COVID-19150
.
Financial difficulties increased local media market concentration. Economic distress
following the COVID-19 pandemic pushed some local media actors to merge in order to remain
viable, leading to increased media concentration in some areas of the country151
. A targeted
review of the media merger legislation is currently ongoing, with a view to identifying technical
amendments to the legislation to ensure the continued robust operation of the media mergers
regime152
.
Additional steps have been taken to alleviate the economic distress of the media sector. In
the first phases of the emergency, the Government put in place a range of support mechanisms
for all businesses impacted by the COVID-19 pandemic. The Temporary COVID-19 Wage
145
2022 Media Pluralism Monitor, country report for Ireland, p. 14, as confirmed by information received from
the Press Council of Ireland and the National Union of Journalists in the context of country visit to Ireland.
146
2022 Media Pluralism Monitor, country report for Ireland, p. 13.
147
Irish Public Service Broadcasters are funded via a TV licence fee, which despite repeated recommendations
from the BAI to increase it, has remained unchanged since 2008. The lack of adequate funding, the increase
of which is subject to governmental approval, together with the lack of clarity around the distribution of state
advertising to individual media outlets, raise the risks the political considerations might influence the amount
of funds on which Irish PSMs can rely, with consequences on their editorial independence, 2022 Media
Pluralism Monitor, country report for Ireland, p. 22.
148
2022 Media Pluralism Monitor, country report for Ireland, p. 13 and 2021 Media Pluralism Monitor, country
report for Ireland, p. 14, as confirmed by information received from the National Unit of Journalists in the
context of country visit to Ireland.
149
2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 12-13; 2021 Media
Pluralism Monitor, country report for Ireland, p. 14; According to Article 4.7 of the 2018 Council of Europe
Recommendation on media pluralism and transparency of media ownership, adopted by the Committee of
Ministers, Member States are encouraged to adopt legislation or other equivalent measures that set out the
disclosure of information on the sources of the media outlets’ funding obtained from State funding
mechanisms. The aim is to ensure a high level of transparency on the sources of financing of media outlets
and allow effective monitoring and controlling of risks of interference with the editorial and operational
independence of the media. Recommendation CM/Rec(2018)1[1] of the Committee of Ministers of the
Council of Europe to member States on media pluralism and transparency of media ownership.
150
Written contribution from Department of Teaoiseach (Prime Minister of Ireland) in the context of the country
visit to Ireland, p.16.
151
Contribution from the National Union of Journalists for the 2021 Rule of Law Report, p. 1, as confirmed by
information received from the National Union of Journalists in the context of the country visit to Ireland.
152
Written contribution from Department of Justice in the context of the country visit to Ireland.
18
Subsidy Scheme and the Employment Wage Subsidy Scheme covered also media organisations
and self-employed media professionals who were entitled to apply153
. In 2021, an additional
EUR 4.9 million was allocated through the Sound and Vision Scheme to fund the production
of content and support the audiovisual and audio industry continuing to experience adverse
impacts resulting from COVID-19 restrictions154
.
There is a legal framework in place ensuring right of access to information. The Freedom
of Information Act 2014 (FOI Act) is a key national measure, which co-exists with other, more
context-specific measures such as the Open Data and Re-use of Public Sector Information
Regulations 2021, and establishes a number of rights, including a right to access official records
held by Government Departments or other public bodies155
. The operation of the FOI act is
effective, ensuring that the right of access to information is well protected in Ireland156
. A
comprehensive review of the Freedom of Information Act is underway which will seek to
further strengthen and modernise the existing FOI regime. The review is expected to conclude
in 2022.
The professional environment for journalists continues to be largely safe. Press in Ireland
enjoys a large degree of freedom, and journalists can work in a safe and healthy environment.
Nevertheless, in May 2022, the Council of Europe’s platform to promote the protection of
journalists and safety of journalist registered the second alert ever filed concerning Ireland
since the establishment of the platform in 2015. The alert concerned two defamation
proceedings initiated by two Members of the European Parliament against the public service
broadcaster RTÉ157
. In October 2021, the Mapping Media Freedom platform also registered a
death threat launched by COVID-19 anti-vaccine campaigners against a broadcaster and its
production team158
.
A Report on the Review of the Defamation Act identifies a range of options for further
reform. Defamation is not a criminal offence in Ireland. Accordingly, there are no convictions
for defamation and cases are heard in the context of civil litigation claims159
. However, the
level of legal costs in defamation actions in Ireland is high and represents a major burden on
153
The Temporary COVID-19 Wage Subsidy Scheme was a scheme allowing employers to pay their employees
during the COVID-19 pandemic. It was replaced in September 2020 by the Employment Wage Subsidy
Scheme, which provides a flat-rate subsidy for businesses whose revenues declined by 30% because of
COVID, Emergency Measures in the Public Interest (COVID-19) Act 2020.
154
2022 Media Pluralism Monitor, country report for Ireland, pp.13 and 14, as confirmed by information received
from Department of Media in the context of the country visit. The Broadcasting Act 2009 provides the
legislative framework for Sound & Vision. The Sound and Vision Scheme is funded by the TV license fee
from the Broadcasting Fund and is administered by the Broadcasting Authority of Ireland.
The Scheme supports the production of high-quality TV and radio programmes on Irish culture, heritage and
experience. The Scheme is reviewed every 3 years.
155
While the Freedom of Information Act creates a general right of access to records held by state bodies, the
Open Data and Re-use of Public Sector Information Regulations 2021 provides for a right to access to data
held by all public sector bodies, with certain exceptions, notably educational, research and cultural
organisations. Freedom of Information Act 2014; Open Data and Re-use of Public Sector Information
Regulations 2021.
156
In 2020, the latest year for which statistics are available, public bodies processed 32,652 FOI requests, 81%
which were granted in full or in part. Office of the Information Commissioner (2020) Annual Report 2020:
Supporting the Right to Information, pp. 65 and 66.
157
Council of Europe, Platform to promote the protection of journalism and safety of journalists, Ireland.
158
The threat seems to be part of an orchestrated campaign from anti-vaccination groups, Mapping Media
Freedom, Ireland country profile.
159
Section 35 of the Defamation Act (2009); Input from Ireland for the 2022 Rule of Law Report, p. 44.
19
newspapers160
. On 1 March 2022, the Department of Justice published a Report on the Review
of the Defamation Act presenting the concerns raised by several stakeholders during public
consultation. The Review’s key recommendations aim at reducing disproportionate awards and
unnecessary legal costs and delays in defamation cases while providing clearer protection for
responsible public interest journalism and investigative reporting161
. The Review also explores
the possibility of introducing a new mechanism against Strategic Lawsuit Against Public
Participation (SLAPP), to allow defendants to ask for a summary dismissal of defamation
proceedings brought against them and that they believe are SLAPP162
. The General Scheme of
the Defamation (Amendment) Bill to update aspects of defamation law, based on the
recommendations set out in the Report of the statutory review of the Defamation Act 2009, is
expected to be published in the fourth quarter of 2022163
.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Ireland has a bicameral parliamentary system: Parliament comprises a Lower House, and an
Upper House. Government Ministers and members of Parliament have the right of legislative
initiative. Constitutional review is carried out by the High Court with a right of appeal to the
Court of Appeal and the Supreme Court. The Irish Human Rights and Equality Commission
(IHREC) is Ireland’s National Human Rights and Equality Institution. The Offices of the
Ombudsman and Information Commissioner are independent both by law and in practice.
Other relevant institutions in the system of checks and balances are the Ombudsman for the
Defence Forces, the Ombudsman for Children’s Office and the National Disability Authority.
New working methods have been adopted aiming at improving the functioning of the
Houses of the Parliament. In July 2021, the President of Ireland wrote to the Speakers of both
the Upper and Lower Houses of Parliament raising concerns with regard to the functioning of
the legislative process164
. The concern was that discussions on new bills tend to be concentrated
during short periods of time (in particular, during the two weeks before recesses), with negative
consequences for proper parliamentary scrutiny. As a consequence, the Speakers of both
Houses of Parliament met with the Government and the Attorney General. Their new informal
approach has been to publish some of the more complex bills during recess periods165
. As a
result, the text of the draft bill is available to members of Parliament and members of the public
for a number of weeks in advance of it being considered formally, allowing for more in-depth
consideration of the content. In addition, since July 2021, the Business Committee166
has paid
particular attention to proposals being made on the passage of legislation167
. Moreover, the
Speaker of the Lower House established a Forum on a Family Friendly and Inclusive
160
Contribution from the Office of the Press Ombudsman for the 2022 Rule of Law Report, p. 3.
161
Report of the Review of the Defamation Act 2009.
162
Report of the Review of the Defamation Act 2009.
163
Information received from Department of Justice in the context of the country visit.
164
Input from Ireland for the 2022 Rule of Law Report, pp. 47-48.
165
This is possible for bills being presented by Government and in some rare cases, Private Members to the
Houses of the Parliament.
166
The Business Committee meets weekly to agree on the arrangements for the taking of business in the Lower
House the following week, which is then agreed by the full Lower House at the beginning of the week at
‘Order of Business’.
167
This scrutiny has focused on the publication of new Government bills, the consideration at Committee and
Report Stage and the time between each of those stages. When it is proposed to take stages quickly with little
time in-between, the Business Committee has been raising concerns and making suggestions for alternative
timings. Some of those suggestions have been agreed to by the Government.
20
Parliament, which presented its report on 2 November 2021168
. In relation to the fight against
the COVID-19 pandemic, ten pieces of primary legislation were adopted in 2021169
, following
the ordinary legislative procedure and including sunset clauses170
.
On 1 January 2022, Ireland had two leading judgments of the European Court of Human
Rights pending implementation171. At that time, Ireland’s rate of leading judgments from the
past 10 years that remain pending was at 33%, the average time that the judgments had been
pending implementation was 9 years and 7 months172
. The latter is affected by the length of
non-implementation of the two judgments which have been pending for over 8 years173
. On 1
July 2022, the number of leading judgments pending implementation remains two174
.
The Irish Human Rights and Equality Commission was re-accredited with A status. The
UN Global Alliance of National Human Rights Institutions (GANHRI) re-accredited the
IHREC with A status175
. In its report, GANHRI praised the role of IHREC to promote and
protect human rights in Ireland, and made a number of recommendations to further strengthen
its role in the system of checks and balances. Following the report, the Government has agreed
to provide additional funding to ensure that IHREC can effectively carry out the full breadth
of its mandate176
.
Ireland has a vibrant and diverse civil society, but concerns remain in relation to legal
provisions regulating funding of NGOs. In April 2022, the Government tabled an Electoral
Reform Bill177
, which provides for the establishment of an Electoral Commission. Once
established, this Electoral Commission will carry out a comprehensive review of the Electoral
Act 1997, including rules governing civil society organisations’ access to funding178
. The draft
law did not directly address concerns from civil society organisations about the impact of the
prohibitions under the Electoral Act to receive donations above a certain threshold for ‘political
purposes’ or from foreign donors179
. Referring to the updated guidance note published by the
168
Forum on a Family Friendly and Inclusive Parliament 2021, Report as presented to the Ceann Comhairle, Mr
Seán Ó Fearghaíl TD.
169
Input from Ireland for the 2022 Rule of Law Report, pp. 48-49.
170
2020 Rule of Law Report, country chapter on the rule of law situation in Ireland, p. 14; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Ireland, p. 16. The ordinary legislative procedure
envisages statutory oversight available to the Oireachtas.
171
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
172
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 50.
173
Judgments of the European Court of Human Rights of 10 September 2010, McFarlane v. Ireland, 31333/06,
and of 28 January 2014, O’Keeffe v. Ireland, 35810/09.
174
Data according to the online database of the Council of Europe (HUDOC).
175
GANHRI (2021), Report and Recommendations of the Virtual Session of the Sub-Committee on Accreditation
(SCA) 14-24 June 2021.
176
Information received by IHREC in the context of the country visit.
177
Electoral Reform Bill 2022.
178
Input from Ireland for the 2022 Rule of Law Report, p. 55.
179
2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 15 and 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Ireland, p. 18. Under the Electoral Act 1997, donations
may be received by third parties up to a limit of EUR 2500 from a donor in any given calendar year. SIPO has
21
Charities Regulator in 2021, which highlights the rules that apply to a charity when engaging
in activities to promote a political cause, Civil Society Organisations have also raised concerns
on the type of campaigning work that charities can engage in180
. In addition, concerns have
been raised regarding public statements from elected representatives to stop funding for Civil
Society Organisations181
. In April 2022 the Government tabled a General Scheme182
, which, if
passed, would mean that human rights organisations may apply for registration as a charity
under the charitable purpose of the advancement of human rights. . It has been noted that this
should remove any reservations funders may have had about supporting human rights
organisations183
. An increase is also reported as to the number of SLAPP being pursued against
applicants for judicial review, in particular environmental organisations184
.
The Government has provided funding to civil society to promote the rule of law in
Ireland. In 2021, the Department of Foreign Affairs awarded a grant to the Irish Council for
Civil Liberties (ICCL) through its Communicating Europe Initiative to increase the awareness
of rule of law issues and the reporting process within Irish civil society organisations and the
general public185
. In this context, several events and conferences were organised to raise
awareness on the state of the rule of law in Ireland, as well as to encourage civil society
organisations to actively engage in a number of rule of law related topics.
interpreted the relevant legislation as also comprising certain activities carried out by civil society
organisations, such as advocacy work also outside electoral periods.
180
Charities Regulator 2021, Guidance on Charities and the Promotion of Political Causes. Civil society
organisations (written contribution from the Irish Council for Civil Liberties in the context of the country visit,
p. 10, with inputs from CityWide Drugs Crisis Campaign, European Movement Ireland, FLAC-Free Legal
Advice Centres, Inclusion Ireland, Independent Living Movement Ireland, Irish Traveller Movement and The
Environmental Law Officer of the Irish Environmental Network) have raised concerns claiming that a shift in
ineligibility for charitable status for organisations set up with an “exclusive” focus on campaigning to ones
which ‘primarily’ focus on campaign work has the potential to impede the important work of some charitable
organisations.
181
Parliamentary Question to the Taoiseach on Thursday 17 February 2022 – Question by Deputy Bríd Smith on
Promised Legislation. In his reply, the Minister for Children, Equality, Disability, Integration and Youth
clarified that funding will not be impacted.
182
General scheme of the Charities (Amendment) Bill (2022).
183
Irish Council for Civil Liberties (2022), ICCL welcomes inclusion of human rights in draft Charities Bill.
184
Contribution from the Irish Council for Civil Liberties for the 2022 Rule of Law Report, pp. 16, 22 and 28.
185
Ibid, p. 32.
22
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021 – country report
on Ireland.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report
on Ireland.
Charities Regulator (2021), Guidance on Charities and the Promotion of Political Causes.
https://www.charitiesregulator.ie/en/information-for-the-public/our-news/2018/february/charities-
regulator-launches-guidance-on-charities-and-the-promotion-of-political-causes.
Chief Justice’s Working Group on Access to Justice Conference 1st and 2nd October 2021.
Commission on the Future of Policing in Ireland (2018), The Future of Policing in Ireland
http://www.policereform.ie/en/polref/pages/pb18000006Council of Europe: Committee of Ministers
(2010), Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges:
independence, efficiency and responsibilities https://www.coe.int/en/web/cdcj/judicial-independence-
and-impartiality.
Council of Europe (2017), Platform to promote the protection of journalism and safety of journalists –
Ireland Platform to promote the protection of journalism and safety of journalists (coe.int).
Council of Europe: Committee of Ministers (2018) Recommendation CM/Rec(2018)1[1] of the
Committee of Ministers to member States on media pluralism and transparency of media ownership
Council of Europe: Venice Commission (2020), Malta, Opinion on proposed legislative changes (CDL-
AD(2020)006).
Court of Justice of the European Union, judgment of 20 April 2021, Repubblika v Il-Prim Ministru,
Case C-896/19, ECLI:EU:C:2021:311
Courts Service (2021), Annual Report 2020 https://www.courts.ie/annual-report.
Courts Service (2021), Data Strategy 2021-2024 https://www.courts.ie/news/courts-service-publish-
data-strategy-2021-2024.
Courts Service (2021), ICT Strategy 2021-2024. https://www.courts.ie/acc/alfresco/10e5f628-0ffd-
4817-935f-e5818626827e/2809_CT_ICT_Strategy_v10.pdf/pdf#view=fitH.
Department of Justice (2022), Press Release - Pre-trial hearings can take place from today under Act
commenced by Minister McEntee https://www.justice.ie/en/JELR/Pages/PR22000038
Department of Justice (2020), Review Group Report on structures and strategies to prevent, investigate
and penalise economic crime and corruption,https://www.gov.ie/en/publication/be30e-review-group-
report-on-structures-and-strategies-to-prevent-investigate-and-penalise-economic-crime-and-
corruption/
Department of Justice (2021), Hamilton Review Group Implementation Plan: A Review of Structures
and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption,
https://www.anticorruption.ie/wp-content/uploads/2021/08/HRG-Implementation-Plan.pdf
Department of Justice (2022), Contribution from the Department of Justice of Ireland for the 2022 Rule
of Law Report.
Department of Justice (2022), Report of the Review of the Defamation Act 2009 gov.ie - Report of the
Review of the Defamation Act 2009 https://www.gov.ie/en/publication/4478f-report-of-the-review-of-
the-defamation-act-2009/.
23
Department of Public Expenditure and Reform (2020), Second Statutory Review of the Regulation of
Lobbying Act 2015, https://www.gov.ie/en/publication/7ef279-second-statutory-review-of-the-
regulation-of-lobbying-act-2015/.
Director of Public Prosecutions (2021), Annual Report 2020 https://www.dppireland.ie/annual-report-
2020-published/.
European Association of Judges (2022), Contribution from the European Association of Judges for the
2022 Rule of Law Report.
European Centre for Press and Media Freedom (2022), Mapping Media Freedom – Ireland.
(https://www.mapmf.org/explorer)
European Commission (2019), Environmental Implementation Review 2019, Country Report Ireland.
European Commission (2019), Flash Eurobarometer 482: Businesses' attitudes towards corruption in
the EU.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Ireland.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Ireland.
European Commission (2022), EU Justice Scoreboard.
European Commission (2022), Flash Eurobarometer 507: businesses' attitudes towards corruption in
the EU.
European Commission (2022), Special Eurobarometer 523: corruption.
European Commission (2022) Audiovisual Media Services Directive: Commission refers five Member
States to the Court of Justice of the EU, Audiovisual Media Services Directive (europa.eu)
European Court of Human Rights, judgment of 10 September 2010, McFarlane v. Ireland, 31333/06.
European Court of Human Rights, judgment of 28 January 2014, O’Keeffe v. Ireland, 35810/09.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
Forum on a Family Friendly and Inclusive Parliament 2021, Report as presented to the Ceann
Comhairle, Mr Seán Ó Fearghaíl TD
https://data.oireachtas.ie/ie/oireachtas/parliamentaryBusiness/other/2021-11-02_report-of-the-forum-
on-a-family-friendly-and-inclusive-parliament_en.pdf.
Global Alliance of National Human Rights Institutions (2021), Report and Recommendations of the
Virtual Session of the Sub-Committee on Accreditation (SCA) 14-24 June 2021.
GRECO (2020), Fourth Evaluation Round – Second Interim Compliance Report on Ireland on
corruption prevention in respect of members of parliament, judges and prosecutors.
Independent (2022), No gifts of more than €100 and no hiring family members when you are a politician
or senior public official, says ethics boss, https://www.independent.ie/irish-news/news/no-gifts-of-
more-than-100-and-no-hiring-family-members-when-you-are-a-politician-or-senior-public-official-
says-ethics-boss-41466738.html.
Irish Council for Civil Liberties (2022), Contribution for the 2022 Rule of Law Report coordinated and
authored by the Irish Council for Civil Liberties (ICCL), with inputs from CityWide Drugs Crisis
Campaign, European Movement Ireland, FLAC-Free Legal Advice Centres, Inclusion Ireland,
Independent Living Movement Ireland, Irish Traveller Movement and The Environmental Law Officer
of the Irish Environmental Network.
24
Irish Council for Civil Liberties (2022), ICCL welcomes inclusion of human rights in draft Charities
Bill https://www.iccl.ie/activism-protest/iccl-welcomes-inclusion-of-human-rights-in-draft-charities-
bill/.
Irish Examiner (2021), 'Serious concerns' new garda powers bill is unconstitutional, 8 December 2021,
https://www.irishexaminer.com/news/politics/arid-40762074.html.
Irish Government (2022), Input from Ireland for the 2022 Rule of Law Report.
Irish Government (2021), Press Release - Garda powers to be modernised and updated under new Bill
from Minister Humphreys, 14 June 2021, https://www.gov.ie/en/press-release/6ed9f-garda-powers-to-
be-modernised-and-updated-under-new-bill-from-minister-humphreys/
Irish Government (2021), Ethics in Public Life - Reform and Consolidation of Ireland’s Statutory
Framework, https://www.gov.ie/en/consultation/fb784-reform-and-consolidation-of-irelands-
statutory-framework-for-ethics-in-public-life/.
Irish Parliament (Oireachtas) (2022), Question of Mary Lou McDonald to the Minister for Justice, 19
January 2022, https://www.oireachtas.ie/en/debates/question/2022-01-19/1264/
Irish Legal News (2021), Review of Ethics Legislation Consultation extended, 22 December 2021,
https://www.irishlegal.com/articles/review-of-ethics-legislation-consultation-extended
Ireland’s National Police and Security Service (2021), Anti-corruption policy
(https://www.garda.ie/en/about-us/publications/policy-documents/anti-corruption-policy.pdf).
Ireland’s National Police and Security Service (2021), An Garda Síochána Introduces Anti-Corruption
Policies to Keep People Safe, https://www.garda.ie/en/about-us/our-departments/office-of-corporate-
communications/news-media/an-garda-sochna-introduces-anti-corruption-policies-to-keep-people-
safe-1-6-21.html
Judicial Council (2022), Guidelines for the judiciary on conduct and ethics
https://judicialcouncil.ie/news/judicial-council-conduct-and-ethics-guidelines/.
Ministry of Justice (2022), Minister McEntee announces former Director of Public Prosecutions to
chair new Advisory Council against Economic Crime and Corruption, https://www.gov.ie/en/press-
release/941c8-minister-mcentee-announces-former-director-of-public-prosecutions-to-chair-new-
advisory-council-against-economic-crime-and-corruption/.
Law Society of Ireland (2022), Contribution from Law Society of Ireland for the 2022 Rule of Law
Report.
Office of the Director of Public Prosecutions (2021), Department of Public Expenditure and Reform,
Annual Report 2020, https://www.dppireland.ie/app/uploads/2021/11/AR-2020-eng.pdf
Office of the Press Ombudsman (2022), Contribution from the Office of the Press Ombudsman for the
2022 Rule of Law Report.
Reporters without Borders – Ireland https://rsf.org/en/ireland.
Review Group for the Administration of Civil Justice (2021), Report on the Administration of Civil
Justice https://www.gov.ie/en/publication/8eabe-review-of-the-administration-of-civil-justice-review-
group-report/.
Standards in Public Office Commission (2020), Regulation of Lobbying Annual Report
https://www.lobbying.ie/media/6285/regulation-of-lobbying-annual-report-2020-final-web.pdf.
Standards in Public Office Commission (2021), 2020 Annual Report, https://www.sipo.ie/reports-and-
publications/annual-reports/2020-SIPOC-ARFinal-English-Web.pdf
Statement by the Minister for Public Expenditure and Reform Michael McGrath TD on Budget 2022
(2021) Department of Public Expenditure and Reform gov.ie - Statement by the Minister for Public
Expenditure and Reform Michael McGrath TD on Budget 2022 (www.gov.ie)
Transparency International (2022), Corruption Perceptions Index 2021.
25
United Nations Convention Against Corruption (2019), Executive summary – Ireland.
26
Annex II: Country visit to Ireland
The Commission services held virtual meetings in March 2022 with:
 Academics
 Bar of Ireland
 Broadcasting Authority of Ireland
 Court Service
 Department of Justice
 Environmental Pillar
 Garda Economic Crime Bureau
 Garda Síochána Ombudsman Commission (GSOC)
 Houses of the Oireachtas Service (Parliament Service)
 Irish Council for Civil Liberties
 Irish Human Rights and Equality Commission
 Irish Small and Medium Enterprises Association (ISME)
 Law Society of Ireland
 Legal Services Regulatory Authority
 National Union of Journalists
 Office of the Director of Corporate Enforcement (ODCE)
 Office of the Director of Public Prosecution
 Ombudsman for Children’s Office
 Press Council
 Representatives of the Judiciary
 Standards in Public Office Commission (SIPO)
 Transparency International
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute ( OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe