Background
By request of the Attorney General, pursuant to section 4(2)(c) of the Law Reform Commission Act 1975, the LRC is considering whether it would be possible to legislate for a new criminal offence for misconduct in public office, and if so, the potential elements of such an offence. The Attorney’s request follows a recommendation to this effect in the Final Report of the South East Commission of Investigation into the Response to Complaints or Allegations of Child Sexual Abuse made against Billy Kenneally and Related Matters.
Project
The project examines:
- Current Legal Status: Whether the common law offence of misconduct in public office survived the coming into effect of the Constitution of 1937.
- Creation of a new criminal offence: Whether a new criminal offence of “misconduct in public office” could be provided for by statute and how such an offence might be constructed, including the type of conduct covered, the threshold of seriousness and the type of public official that would be covered.
- Existing Offences: what criminal offences already exist in Irish law that would capture some of the behaviour that could be included in an offence of misconduct in public office.
Next steps
The Commission has commenced work on this project.