COMMISSION STAFF WORKING DOCUMENT 2023 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 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Ireland, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 807 final  COMMISSION STAFF WORKING DOCUMENT 2023 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 2023 Rule of Law Report                                 The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

Reforms aimed at enhancing the independence and quality of the Irish justice system continue. 
Parliament  held  discussions  on  the  Judicial  Appointment  Commission  Bill.  However,  the 
envisaged composition of the Judicial Appointment Commission continues to raise concerns. 
The  legislative  provisions  enabling  the  making  of  complaints  relating  to  alleged  judicial 
misconduct were commenced. While an analysis of approaches to reducing litigation costs is 
pending publication, no further steps have been taken. Several reports were adopted relating to 
aspects of the quality of justice such as the review of the Civil Legal Aid Scheme and obstacles 
to legal careers. The Government announced a significant increase in the number of judges. 
Strategies aimed at enhancing the digitalisation of justice also began to be operationalised. The 
efficiency of justice remains a challenge, and a system to regularly evaluate court performance 
based on defined indicators is lacking.  

Ireland continues to have a comprehensive framework for both the prevention and repression 
of corruption, and a low level of perceived corruption. Several planned improvements have 
been postponed a number of times. After some delays, the permanent  Advisory Council on 
Economic Crime and Corruption started preparing a new multi-annual anti-corruption strategy. 
A draft law on police reform allocates more independence to the external organisation, which 
investigates integrity in the police. A comprehensive overview of the ethics framework was 
conducted, while drafting, discussion and adoption of relevant legislation remain outstanding. 
A draft law to strengthen the framework on lobbying is being discussed in Parliament. Some 
steps were taken to strengthen the asset disclosure rules and the monitoring, and enforcement 
capacity of the Standards in Public Office Commission remains the same, despite handling an 
increased  number  of  complaints  and  requests  for  advice.  A  new  law  on  whistleblower 
protection entered into force. 

Ireland  continues  to  offer  a  high  degree  of  media  freedom  and  pluralism.  The  Government 
concluded a major overhaul of the Irish media law and enacted the Online Safety and Media 
Regulation Act, which updates the rules for audiovisual media services and establishes a new 
regulatory  framework  for  online  safety.  The  law  also  partially  transposes  the  revised 
Audiovisual  Media  Services  Directive  and  establishes  a  new  media  regulator.  Challenges 
remain in  relation  to  the transparency of the  allocation of state advertising as  specific  rules 
regulating the matter are still missing. The Government committed to examining options for 
reform the TV licence fee system with a view to provide public service media with adequate 
funding.  The  reform  of  the  defamation  law  remains  under  preparation.  The  national  police, 
together with media stakeholders, established a Media Engagement Group to discuss threats 
and violence against journalists and ensure a coordinated response.  

Regarding institutional issues related to checks and balances, the legislative process continued 
to be marked by the use of motions to shorten the time allocated to debate legislation, which 
raises concerns. The recently established Electoral Commission will shortly initiate a   review 
of the Electoral Act, which will aim to address, among other matters, existing concerns by civil 
society  on  legal  obstacles  related  to  access  to  funding.  Initiatives  were  taken  aimed  at 
encouraging the participation of the public and civil society in policy making, such as Citizen’s 
Assemblies and the first National Civic Forum.  

1 

 
 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Ireland has made:  

  No progress on ensuring 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,  as  no  significant  changes  have  been 
introduced to the envisaged composition of the Judicial Appointments Commission.  
  No  progress  on  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.  

  Some  progress  on  strengthening  the  existing  ethics  framework,  including  on  codes  of 
conduct, revolving doors and on asset declarations in particular as regards the monitoring 
and  enforcement  capacity  of  the  Standards  in  Public  Office  Commission,  significant 
progress on lobbying.  

  Some progress on continuing the reform of the Defamation Act to improve the professional 
environment  for journalists taking into account  European standards on the protection of 
journalists.  

  Some progress on taking measures to address legal obstacles related to access to funding 

for civil society organisations.  

On this basis, and considering other developments that took place in the period of reference, 
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 and digitalise the existing ethics framework, on asset declarations and lobbying, 
including  the  monitoring  and  enforcement  capacity  of  the  Standards  in  Public  Office 
Commission. 

  Advance with 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, as part of the reform of the Electoral Act.  

2 

 
 
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. 
While Ireland does not have a constitutional court, the Courts are empowered to interpret and 
uphold the Constitution. 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 (LSRA), 
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 is now high among companies. Overall, 73% of the general population 
and 72% of companies perceive the level of independence of courts and judges to be ‘fairly or 
very  good’  in  20234.  According  to  data  in  the  2023  EU  Justice  Scoreboard,  the  level  has 
remained consistently high for the general public since 2016 (which was 75% and remains at 

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   In addition to promoting and maintaining public confidence in the judiciary and the administration of justice, 
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 49 and 51, 2023 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%). 

3 

 
                                                           
the same level as in 2022 (73%). The perceived judicial independence among companies has 
slightly decreased in comparison with 2022 (77%), as well as with 2016 (79%). 

There has been no progress on the reform of the appointment and promotion of judges, 
as the Judicial Appointments Commission Bill has been discussed in Parliament without 
significant changes to the composition of the Commission. The 2022 Rule of Law Report 
recommended to Ireland to “ensure that the reform of the appointment and promotion of judges, 
as  regards  the  composition  of  the  Judicial  Appointment  Commission,  takes  into  account 
European  standards  on  judicial  appointments”5.  As  reflected  in  the  2022  Report6,  the 
Government tabled a draft law in Parliament in April 2022 on the appointment and promotion 
of  judges  providing  for  the  establishment  of  a  Judicial  Appointments  Commission.  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 capacity9. This system 
better limits the discretion of the Government compared to both the current system of a list of 
seven  candidates10  and  the  system  envisaged  in  the  General  Scheme11  of  five  unranked 
candidates.  As  stated  in  the  2022  Rule  of  Law  Report12  the  composition  of  the  envisaged 
Commission  does  not  provide  for  a  clear  majority  of  judges  chosen  by  their  peers.  Some 
stakeholders13, including the Chief Justice himself14, have raised concerns on the composition 
of the Commission, including the fact that the Attorney General would sit on the Commission 
in  an  ex-officio  non-voting  capacity.  The  draft  law  was  passed  by  the  Lower  House  of 
Parliament in July 2022 and is currently at Report Stage before the Upper House. Since the 
tabling  of  the  draft  law,  no  significant  changes  have  been  introduced  to  the  envisaged 

5   2022 Rule of Law  Report,  Country  Chapter on the  rule of law situation in Ireland, p. 2. Recommendation 
CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 46-48 – “The authority taking 
decisions on the selection and career of judges should be independent of the executive and legislative powers. 
With a view to guaranteeing its independence, at least half of the members of the authority should be judges 
chosen by their peers. However, where the constitutional or other legal provisions prescribe that the head of 
state, the government or the legislative power take decisions concerning the selection and career of judges, an 
independent and competent authority drawn in substantial part from the judiciary (without prejudice to the 
rules  applicable  to  councils  for  the  judiciary  contained  in  Chapter  IV)  should  be  authorised  to  make 
recommendations  or  express  opinions  which  the  relevant  appointing  authority  follows  in  practice.  The 
membership  of  the  independent  authorities  referred  to  in  paragraphs  46  and  47  should  ensure  the  widest 
possible  representation.  Their  procedures  should  be  transparent  with  reasons  for  decisions  being  made 
available to applicants on request. An unsuccessful candidate should have the right to challenge the decision, 
or at least the procedure under which the decision was made”. 

6   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 4. 
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   This will lead to a total of eight voting members – four judicial and four lay persons. 
10   Section 16 of the Courts and Court Officers Act 1995. 
11   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. 

12   2022 Rule of Law Report, country chapter on the rule of law situation in Ireland, p. 4. 
13   Contribution from the Supreme Court of Ireland for the 2023 Rule of Law Report, p. 11; Contribution from 
Law Society of Ireland for the 2023 Rule of Law Report, p. 12; Contribution from the Bar of Ireland for the 
2023 Rule of Law Report, p. 11; Contribution from the Irish Council for Civil Liberties for the 2023 Rule of 
Law Report, pp. 8-9. 

14   Speech by Mr. Justice Donal O’Donnell, Chief Justice, to the Irish Association of Law Teachers, King’s Inn, 

24 May 2022.  

4 

 
                                                           
composition  of  the  Judicial  Appointments  Commission,  and  therefore  there  has  been  no 
progress on the implementation of the recommendation made in the 2022 Rule of Law Report.  

The Judicial Conduct Committee finalised the process for submitting complaints relating 
to  alleged  judicial  misconduct,  enabling  the  commencement  of  the  relevant  legislative 
provisions. On 3 October 2022, the remaining provisions of the Judicial Council Act entered 
into force. As a result, complaints relating to alleged judicial misconduct can now be made to 
the  Registrar  to  the  Judicial  Conduct  Committee,  who  determines  whether  the  complaint  is 
admissible15. If either the Registrar or the review committee decides to admit the complaint, 
the  Judicial  Conduct  Committee  follows  the  procedures  outlined  in  relation  to  informal 
resolution  or  establishing  a  Panel  of  Inquiry.  However,  Parliament  remains  in  charge  of 
deciding on the removal of judges from office and retains a margin of discretion in that regard16. 
As reflected in the 2022 Rule of Law Report17, this could raise concerns about the potential 
politicisation of the process, even if this process has so far never been engaged18. 

Quality  

While  the  economic  analysis  of  models  or  approaches  to  reducing  litigation  costs  is 
pending  publication,  no  further  steps  have  been  taken.  The  2022  Rule  of  Law  Report 
recommended  to  Ireland  to  “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”19. The high level of litigation costs in Ireland is 
considered  as  a  source  of  concern20.  The  economic  analysis  of  models  or  approaches  to 
reducing  litigation  costs,  announced  in  December  2021,  is  being  finalised  and  its  findings 
subject to legal assessment of potential options. Therefore, there has been no progress on the 
implementation of the recommendation made in the 2022 Rule of Law Report.  

An  Independent  Group  aimed  at  reviewing  the  Civil  Legal  Aid  Scheme  has  been 
established. In June 2022, an Independent Review Group was appointed by the Minister of 
Justice to undertake a comprehensive review of the Civil Legal Aid Scheme in Ireland21. The 
current system has been criticised by stakeholders for being prohibitive and a barrier to access 
to  justice22.  The  Review  Group  has  been  charged  with  the  task  of  examining  the  current 
scheme’s flexibility and responsiveness to meet the legal needs of beneficiaries of civil legal 
aid, as well as the current operation of the scheme, the categories of civil law which are and 
should be covered by it, how the scheme is delivered, and how it relates to other forms of public 
legal assistance. Regarding criminal legal aid, work continues on the preparation of a General 
Scheme of a Criminal Legal Aid Bill.  

15   Input from Ireland for the 2023 Rule of Law Report, p. 10. 
16   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 5.  
17   Ibid.  
18   Venice Commission opinion (CDL-AD(2010)004-e, para. 70. 
19   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
20   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 6-7. 
21   Input from Ireland for the 2023 Rule of Law Report, p. 8. 
22   Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 11; Contribution 
from Law Society of Ireland for the 2023 Rule of Law Report, p. 16; IHREC 2021, Access to Justice Concerns 
as 80% Believe Poorer People Get Worse Legal Outcomes; CEDAW 2017, Concluding observations on the 
combined sixth and seventh periodic reports of Ireland.  

5 

 
                                                           
The Government has announced a significant increase in the number of judges following 
the recommendations of the report of the Judicial Planning Working Group. According 
to the 2023 EU Justice Scoreboard23, Ireland remains the EU Member State with the lowest 
number of judges per inhabitant. Moreover, stakeholders have signalled that in addition to the 
current workload, future legislation such as the Family Court Bill would expand the jurisdiction 
of  the  District  Court,  so  further  resources  may  be  needed24.  In  2021,  a  Judicial  Planning 
Working Group was set up to consider the number and types of judges required to ensure the 
efficient administration of justice over the next five years in the first instance, and also with a 
view to the longer term. The Working Group has completed its work and published its report 
on  24  February  202325.  The  report  was  informed  by  the  findings  of  an  OECD  report26 
commissioned by the Irish Government to provide key input to the work of the Working Group. 
The report recommended increasing the number of judges by 44 additional judges by the end 
of 2024, and to carry out a review in early 202527. Consequently, the report also recommended 
to ensure that adequate resources in terms of clerical and other support staff are provided to the 
Courts Service28. The establishment of a strategic approach to human resource management 
has  been  also  recommended29.  However,  the  report  has  not  touched  upon  the  issue  of 
establishing  an  appropriate  structure  for  discussion  of  questions  concerning  constitutional 
safeguards  of  the  judiciary  in  connection  with  employment  conditions,  which  is  a  pending 
recommendation  by  the  Group  of  States  against  Corruption  (GRECO)30.  According  to 
European standards, it is advisable that associations of judges be provided with a possibility to 
consider and comment on intended legislation in matters connected with the status of judges 
and the administration of courts31. Following the  publication of the report, the Government 
announced the appointment of 24 new judges in 202332, with the appointment of 20 additional 
new judges following the implementation of further reforms33. Moreover, the Government has 
also  announced  the  preparation  of  an  implementation  plan  in  relation  to  all  the 
recommendations of the report.  

23   Figure 35, 2023 EU Justice Scoreboard. 
24   Contribution from the Bar of Ireland for the 2023 Rule of Law Report, p. 9; information provided by the Law 

Society in the context of the country visit to Ireland.  

25   Department of Justice 2023, Report of the Judicial Planning Working Group.  
26   OECD (2023), Modernising Staffing and Court Management Practices in Ireland: Towards a More Responsive 
and  Resilient  Justice  System.  This  report  recommended  considering  increasing  the  number  of  permanent 
judges at all court levels and providing further flexible work options, as well as reviewing the numbers and 
necessary capacities of support staff. 

27   Department of Justice 2023, Report of the Judicial Planning Working Group, p. 71. 
28   Ibid, p. 78. 
29   Ibid, p. 96. 
30   GRECO Fourth Evaluation Round – Evaluation Report, para. 137. The Fourth Evaluation Round reflected that 
the constitutional protection providing that judges were exempt from a pay reduction which applied to other 
public officials was revoked and amended. In this context, GRECO recommended that an appropriate structure 
be established within the framework of which questions concerning constitutional safeguards of the judiciary 
in  connection  with  employment  conditions  are  to  be  examined.  In  its  latest  report  published  in  July  2022 
(GRECO Fourth Evaluation Round – Second Compliance Report, para. 21-26.), GRECO concluded that the 
recommendation remained to be implemented. 

31   CCJE Opinion No. 23 (2020) The role of associations of judges in supporting judicial independence.  
32   As the Judicial Appointments Commission Bill has not yet been enacted, these 24 appointments will all take 

place under the current Judicial Appointments Advisory board process. 

33   Department of Justice 2023, Significant increase in judicial resources to improve access to justice announced 

by Minister Harris. 

6 

 
                                                           
The Government has taken initial steps to operationalise strategies aimed at enhancing 
the  digitalisation  of  justice.  The  Implementation  Plan  arising  from  the  Review  of  the 
Administration of Civil Justice34, published in May 2022, sets out the approach and timescales 
to  use  e-litigation  technology  to  capture  case  management  information  and  case  flow  data. 
Moreover, the ICT Strategy 2021-2024 and the Data Strategy 2021-2024 foresee the adoption 
of a unified case management system and a unified data model will occur over a number of 
years. The migration of High Court civil matters into this new system/model will occur in 2023. 
The Government has also committed to apply this technology platform to other jurisdictions 
over subsequent years. The 2023 EU Justice Scoreboard has shown progress in other areas as 
well, as for instance it is now possible to initiate proceedings and file claims online for some 
cases, including small claims, e-licensing, legal costs adjudication, personal insolvency, and 
leave to appeal to the Supreme Court35. 

The  Group  to  review  the  Offences  Against  the  State  Act  published  its  report 
recommending  to  repeal  the  Acts  in  their  entirety.  The  Group  to  review  the  Offences 
Against the State Acts, set up in February 2021, published on 21 June 2023 its final report36. 
The majority opinion of the Group recommends to repeal the Offences Against the State Acts 
in their entirety, while keeping some elements in replaced legislation, including the operation 
of  a  new  non-jury  court.  .  The  Government  is  currently  analysing  the  report  and  exploring 
policy options. The United Nations and civil society had called for the immediate abolition of 
the Special Criminal Court37 or, alternatively, to strengthen the procedure of the Court to ensure 
respect of the right to fair trial38. 

Efficiency 

There  are  concerns  relating  to  the  length  of  proceedings  and  a  system  to  regularly 
evaluate the court performance based on defined indicators is still lacking. According to 
data available on annual reports from the Courts Service, the average length of proceedings in 
the High Court in 2021  was 797 days,  an increase of 137 days in  comparison with  202039. 
Moreover, the average length of proceedings for criminal cases regarding summary offences 
also increased in 2021 in all instances40. The length of proceedings at the Court of Appeal has 
decreased for civil cases (from 579 days in 2020 to 529 days in 2021), while it has increased 
for  criminal  cases  (from  371  days  in  2020  to  420  days  in  2021)41.  The  average  length  of 
proceedings  in  the  Supreme  Court  has  significantly  increased  and  remains  very  high  (from 
2513 days in 2020 to 3946 days in 2021)42. Moreover, according to data of the 2023 EU Justice 
Scoreboard, the clearance rate for non-criminal cases was 62% in 2021, the lowest of the EU43. 

34   Department of Justice 2022, Implementation Plan on Civil Justice Efficiencies and Reform Measures.  
35   Figure 45, 2023 EU Justice Scoreboard. 
36   Department of Justice 2023, Offences Against the State Act - Independent Review Group Reports. 
37   The Court was established in 1972 to deal with terrorism and organised crime cases. 
38   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 7; UN Human Rights 
Committee (2014), Concluding observations on the fourth periodic report of Ireland; IHREC 2022, Annual 
Report 2021, p. 33; Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, 
p. 10-11. 

39   Courts Service, 2022. Annual Report 2021, p. 107. 
40   Ibid., p. 108. 
41   Ibid., p. 108.  
42   Ibid., p. 109. 
43   Figure 11, 2023 EU Justice Scoreboard. 

7 

 
                                                           
Changes to Rules of Court have been implemented to encourage compliance with time limits44. 
The 2022 Rule of Law Report noted that in Ireland there is no system to regularly evaluate the 
court performance based on defined indicators45. Moreover, a recent OECD study reflected that 
data are not collected or used for the purposes of case and court management, but rather only 
for annual reports46. The report of the Judicial Planning Working Group has also recommended 
that the Courts Service needs to adopt, as a priority, a comprehensive system to collect data 
and  monitor  performance  measures47.  In  this  context,  the  Courts  Service  has  initiated 
discussions  to  explore  actions  aimed  at  increasing  the  compilation  of  data  on  the  length  of 
proceedings48. It would be important that data on the length of proceedings is systematically 
recorded in line with the methodology of the Council of Europe and the European Commission 
for the efficiency of justice49.  

A  draft  law  setting  up  a  compensation  scheme  for  cases  of  excessive  length  of  court 
proceedings was tabled. On 27 February 2023, the Government tabled a draft law establishing 
a compensation scheme for cases of excessive length of court proceedings50. As noted in the 
2022 Rule of Law Report51, 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  201052.  The  draft  law  provides  for  the 
establishment of an independent assessment process to assess claims for breach of the right to 
the conclusion of proceedings within a reasonable time and, where appropriate, an award of 
compensation53.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The responsibility for fighting and preventing corruption in Ireland fall under the control of 
several  public  authorities.  The  national  police,  specifically,  the  Garda  National  Economic 
Crime Bureau (GNECB)54, investigates and prevents possible criminal acts of corruption. The 
Garda Anti-Corruption Unit (GACU) is responsible for promoting integrity as well as detecting 
and  investigating  corruption  within  the  national  police.  The  Garda  Síochána  Ombudsman 
Commission investigates cases of misconduct of the national police affecting the public interest 
and complaints from third parties regarding integrity in the national police. Within the GNECB, 
the national police has a distinct Anti-Bribery and Corruption Unit (ABCU), responsible for 
policing foreign bribery and corruption cases. The ABCU monitors foreign corruption cases 
for  Irish  involvement.  The  Corporate  Enforcement  Authority  (CEA),  that  has  replaced  the 
Office of the Director of Corporate Enforcement, retains both investigative and enforcement 

44   Contribution from Law Society of Ireland for the 2023 Rule of Law Report, p. 18; Contribution from the Bar 

of Ireland for the 2023 Rule of Law Report, p. 18. 

45   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8. 
46   OECD (2023), Modernising Staffing and Court Management Practices in Ireland: Towards a More Responsive 

and Resilient Justice System, p. 210.  

47   Department of Justice 2023, Report of the Judicial Planning Working Group. 
48   Information received from the Courts Service in the context of the country visit to Ireland. 
49   CEPEJ data feed the EU Justice Scoreboard. 
50   Court Proceedings (Delays) Bill 2023.  
51   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8.  
52   Judgment of the Grand Chamber of the European Court of Human Rights of 10 September 2010, McFarlane 

v. Ireland, 31333/06. 

53   Compensation will be determined by reference to the jurisprudence of the ECtHR and will be in line with the 

concept of “just satisfaction” under Article 41 of the European Convention on Human Rights. 

54   Specialist bureau that investigates fraud-related crime involving complex issues of criminal law or procedure. 

8 

 
                                                           
powers, and it carries out its functions under the framework of the Companies Act 201455. The 
authority to prosecute lies with the Office of the Director of Public Prosecutions (ODPP). The 
Standards in Public Office Commission (SIPO) continues overseeing the integrity framework 
for public officials including conflict of interests, lobbying and party financing where it also 
provides advice to office holders56. The purpose of the Advisory Council is to coordinate and 
lead the delivery of a whole-of-government  approach to  economic crime and corruption, as 
well  as  to  act  as  a  “centre  of  excellence”  for  research  and  analysis,  awareness-raising  and 
training57. 

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 2022 Corruption 
Perceptions Index by Transparency  International, Ireland scores 77/100 and  ranks 6th in the 
European Union and 10th globally58. This perception has improved over the past five years59. 
The  2023  Special  Eurobarometer  on  Corruption  shows  that  59%  of  respondents  consider 
corruption  widespread  in  their  country  (EU  average  70%)  and  17%  of  respondents  feel 
personally  affected  by  corruption  in  their  daily  lives  (EU  average  24%)60.  As  regards 
businesses, 28% of companies consider that corruption is widespread (EU average 65%) and 
7%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average  35%)61. 
Furthermore, 32% of respondents find that there are enough successful prosecutions to deter 
people from corrupt practices (EU average 32%)62, while 26% of companies believe that people 
and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU  average 
30%)63. 

The  permanent  Advisory  Council  against  Economic  Crime  and  Corruption  has  been 
tasked with drafting a multi-annual strategy to tackle corruption. After some delays64, the 
Advisory Council was established in May 2022 and tasked to coordinate and lead the delivery 

55   The  Companies  (Corporate  Enforcement  Authority)  Act  2021  established  the  Corporate  Enforcement 
Authority (CEA), which replaces the Office of the Director of Corporate Enforcement (ODCE) and assumes 
its role in the investigation and enforcement of company law offences. 

56   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. 

57   The Advisory Council was established in May 2022 and is chaired by former Director of Public Prosecutions 

James Hamilton. 

58   Transparency International (2023), Corruption Perceptions Index 2022. 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). 

59   In 2018 the score was 73, while, in 2022, the score is 77. 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. 

60   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

61   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

62   Special Eurobarometer 534 on Corruption (2023).  
63   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
64   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 10; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Ireland, pp. 9-10. 

9 

 
                                                           
of  a  whole-of-government  approach  to  economic  crime  and  corruption.  The  Council  is 
composed by a chairman and six members from the business and financial sector, academia 
and civil society. It is supported by a secretariat from the Ministry of Justice65. However, civil 
society organisations focusing on integrity and anti-corruption are not currently included in the 
Council, which has been criticised66. The Advisory Council has started working on a multi-
annual National Strategy to Combat Economic Crime and Corruption67. In 2023, the Advisory 
Council will perform a public consultation to gather public input for the strategy, after which 
the drafting should start with the aim to send a draft to the Government by the end of the year68.  

The  Government  has  proposed  further  changes  related  to  criminal  procedure  rules, 
including provisions regarding police regulation. In addition to the new Criminal Procedure 
Act 202169, which entered into force in February 202270, the Government has presented a new 
Policing, Security and Community Safety Bill71. The aim of the Bill is to assist in ensuring the 
rule of law and supporting anticorruption by modernising the oversight of the policing service 
in  Ireland  via  a  reformed  Policing  and  Community  Safety  Authority  and  a  reconstituted 
framework for Police complaints and investigations72. The target date for implementation is 
January 202473. If enacted, the Bill would repeal the Garda Síochána Act 2005 (as amended) 
in  its  entirety74.  The  Competition  Amendment  Act  was  signed  into  law  on  29  June  2022, 
making bid rigging in public procurement procedures a specific criminal offence75. 

65   Department of Justice (2022), Former Director of Public Prosecution to chair new Advisory Council against 

Economic Crime and Corruption, Minister McEntee announces.  

66   Information received from Transparency International in the context of the country visit to Ireland and publicly 
on the Transparency International Ireland website (Letter to Minister Helen McEntee on the Advisory Council 
on Economic Crime and Corruption (2022). The 2022 Rule of Law report already referred to the inclusion of 
civil society representatives in the composition of the Council, alongside with business and financial sectors, 
and  academia  (pp.  9-10).  Additionally,  two  of  the  six  ordinary  members  of  the  Advisory  Council  against 
Economic Crime and Corruption represent civil society. All the members were appointed following an open 
call for expressions of interest process. One of the civil society representatives appointed in May 2022 was the 
then-General Secretary of the Irish Congress of Trade Unions, Patricia King. Ms King stepped down from her 
role at ICTU and on the Council early in 2023 and a call for expressions of interest was launched in March 
2023, with a new civil society representative to be appointed in the coming months. 

67   Input from Ireland for the 2023 Rule of Law Report, p. 17. 
68   Information received from the Advisory Council in the context of the country visit to Ireland. 
69   Irish Parliament (2021), Criminal Procedure Act 2021.  
70   Ibid. 
71   Department of Justice (2022), draft law Policing, Security and Community Safety Bill.  
72   Written contribution from the Ministry of Justice following the country visit in Ireland. 
73   Input from Ireland for the 2023 Rule of Law Report. 
74   Department of Justice (2022), Press release: Landmark Policing, Security and Community Safety Bill marks 
a new departure for policing in Ireland. As reported in the 2022 Rule of Law Report p. 11, a high-level group 
within the Department of Justice was instructed to review the prosecution role attributed to the national police. 
As  a  result,  the  2018  Commission  on  the  Future  of  Policing  in  Ireland  (CoFPI)  issued  a  report,  which 
recommended that the national police no longer prosecute cases on behalf of the ODPP at District Court level. 
A High-Level Review Group (HLRG) was established in September 2020, tasked specifically with reviewing 
the role of An Garda Síochána in the public prosecution system. Since the final report of the HLRG was not 
completed at the time of publication of the Bill, the recommendation was not included in the Policing, Security 
and Community Safety Bill.   

75   Input from Ireland for the 2023 Rule of Law Report, p. 17; Department of Justice (2021), Hamilton Review 
Group Implementation Plan, p. 16. The Act fulfills recommendations 17 and 18 from the Hamilton Review. 
The Flash Eurobarometer on Businesses’ attitudes towards corruption in the EU shows that 2% of companies 
in Ireland (EU average 26%) think that corruption has prevented them from winning a public tender or a public 
procurement contract in practice in the last three years. This is 24 percentage points below the EU average. 

10 

 
                                                           
Cooperation within and between police and prosecution is smooth, although challenges 
have been raised regarding lack of resources. The investigation of corruption offences is a 
shared task within the national police, including the GNECB and its specialised ABCU. The 
current capacity of the ABCU is below the planned staffing, but a recruitment competition is 
ongoing76.  While  financial  resources  for  the  GNECB  have  increased77,  the  total  number  of 
police staff available for investigating corruption related offences has decreased. The decrease 
is  due  to  a  series  of  internal  shifts,  secondments,  promotions  and  retirements,  although 
competitions are ongoing78. The current low number of filled positions hampers the GNECB’s 
ability to pro-actively act on investigations79. On breaches of company law, the cooperation 
between the Garda Síochána and the Corporate Enforcement Authority (CEA) is developed 
through a Memorandum of Understanding, which seconds police officers to CEA80. GNECB 
underlined  a  particular  difficulty  in  collaborating  with  CEA  on  information  sharing  and 
exchanges because of privacy constraints81. 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  complexity82.  The  Forum  of  senior 
representatives to facilitate greater inter-agency co-ordination, collaboration and information 
sharing meets regularly to discuss improvements in cooperation and reports to the Advisory 
Council83. The capacity of the prosecution services has been reinforced. Nevertheless, given 
the need for an initial training before joining the service, the preparation will take time and not 
all  necessary  tools  or  expertise,  such  as  on  forensic  accounting,  are  at  present  sufficiently 
available84. Cooperation with European Public Prosecutor’s Office remains difficult, with no 
solution  found  to  allow  cooperation  between  Irish  authorities  and  the  EPPO.  The  Member 
States  participating  in  the  EPPO  have  notified  the  EPPO  as  a  competent  authority  for  the 
purposes of EU instruments of mutual recognition and judicial cooperation, pursuant to Article 
105(3)  of  the  EPPO  Regulation,  yet  such  notifications  are  not  sufficient  to  allow  Irish 
authorities to cooperate with the EPPO. The Irish authorities have stated that they are working 
on a solution in the Irish internal legal system, but such solution has not yet been found85. In 

76   Input from Ireland for the 2023 Rule of Law Report, p. 26. 
77   Input from Ireland for the 2023 Rule of Law Report, pp. 15-16. 
78   Input from Ireland for the 2022 Rule of Law Report, pp. 15-16; Input from Ireland for the 2023 Rule of Law 
Report, pp. 15-16, 26-27; Information received from the Ministry of Justice in the context of the country visit 
to Ireland. 

79   Information received from the Office of the Director of Public Prosecutions Office in the context of the country 

visit to Ireland. 

80   The CEA has also the autonomy to hire its own staff to ensure appropriate expertise to achieve its functions: 

this involves particularly digital forensic and legal expertise. 

81   Information  received  from  the  GNECB  in  the  context  of  the  country  visit  to  Ireland.  Additionally,  the 
Government  underlined  that  section  944P  of  the  Companies  Act  2014  permits  the  sharing  of  confidential 
information in statutorily prescribed situations. Moreover 944P(4) states that “Nothing in subsection (1) shall 
prevent the disclosure of information to any member of the Garda Síochána if that information, in the opinion 
of the Authority, may relate to the commission of an offence other than an offence under this Act”. Conversely, 
Section 944Q of the Companies Act permits the disclosure of information by An Garda Síochána to the CEA 
where that section applies (Input from Ireland for the 2023 Rule of Law Report). 

82   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 11-12. The staff of the 

Special Financial Unit has been increased from 3 to 6 since the 2022 Rule of Law Report. 

83   Information received from the Office of the Director of Public Prosecutions Office in the context of the country 

visit to Ireland. 

84   Information received from the Office of the Director of Public Prosecutions Office in the context of the country 

visit to Ireland. 

85   Contribution from the EPPO for the 2023 Rule of Law Report. Ireland has informed the EPPO that it intends 
to submit draft legislation, which  would allow cooperation with the EPPO, to its Parliament. Based on the 

11 

 
                                                           
the  absence  of  a  legal  instrument  relating  to  cooperation  in  criminal  matters  and  surrender 
between  the  EPPO  and  the  non-participating  Member  States86,  Ireland  is  working  on  a 
unilateral  solution.  The  relevant  criminal  justice  legislation  [–  the  Criminal  Justice 
(Miscellaneous Provisions) Bill –] is expected to be in place in Q3 202387. 

The police are working to strengthen the prevention of corruption among their staff. The 
national police have a dedicated anti-corruption unit, the GACU, to investigate and prevent 
corruption inside the police. Currently, the GACU is following up on the recommendations of 
the Garda Síochána Inspectorate Report to better counter the threat of internal corruption within 
the police, with several actions stretching until the end of 202488. The GACU stressed that their 
most  important  responsibility  was  to  create  trust  among  police  officers,  that  any  report  on 
misconduct  would  be  taken  seriously,  to  prevent  fear  of  repercussions  and  to  ensure  police 
officers  feel  confident  to  report  misconducts89.  External  complaints  about  integrity  related 
issues within the police can also be reported to the Garda Ombudsman. The aforementioned 
draft law on police reform proposed by the Government in 2022 would rename and reform the 
current Garda Ombudsman body, as well as  aim to increase the independence of the Garda 
Ombudsman itself90. 

Difficulties in investigating foreign bribery remain. The ABCU, established in March 2017 
as part the of GNECB, underlines the difficulty in investigating foreign bribery because of lack 
of cooperation with third countries through mutual legal assistance91. The ODPP signalled that 
Ireland, which lacks legislation on plea deals linked to foreign bribery, has many companies, 
operating  in  Ireland,  that  are  also  active  in  the  United  States  or  the  United  Kingdom,  in 
countries  that  do  have  the  possibilities  of  plea  deals,  so  self-reporting  of  foreign  bribery 
predominantly take place there92.  

Some progress has been made in relation to the strengthening of the ethics framework 
with a completion of a comprehensive review with recommendations for improvement; 
however,  the  actual  drafting,  discussion  and  adoption  of  relevant  legislation  remain 

information available to the EPPO it seems that the contemplated approach would mean that Ireland would 
still not recognise the EPPO as a competent authority for the EU legal instruments referred to in Article 105(3) 
of the EPPO Regulation but would mirror only some of the cooperation procedures foreseen in the EU law on 
the matter.  

86   In December 2020, all Member States (including the non-participating ones) endorsed a document proposing 
an  interpretation  of  the  existing  EU  instruments  of  judicial  cooperation  that  allows  EPPO  to  rely  on  such 
instruments  when  cooperating  with  non-participating  MS,  based  on  the  notification  of  the  EPPO  as  a 
competent authority by the participating Member States. While Ireland has always expressed its preference 
for the conclusion of a legal instrument regulating cooperation in criminal matters between the EPPO and the 
non-participating Member States, the Commission has sustained that that there is no need for such an ad hoc 
new instrument. 

87   Input from Ireland for the 2023 Rule of Law Report. 
88  Department  of  Justice  (2022),  Garda  Síochána  Inspectorate  Report  ‘Countering  the  Threat  of  Internal 

Corruption’ Implementation Plan September 2022. 

89   Information received from the GACU in the context of the  country  visit to Ireland; Department of Justice 
(2022), Garda Síochána Inspectorate Report ‘Countering the Threat of Internal Corruption’ Implementation 
Plan September 2022, p. 26. 

90   Department of Justice (2022), Press release: Landmark Policing, Security and Community Safety Bill marks 

a new departure for policing in Ireland. 

91   Information received from the Anti-Bribery & Corruption Unit in the context of the country visit to Ireland. 
92   Information received from the Office of the Director of Public Prosecutions Office in the context of the country 

visit to Ireland. 

12 

 
                                                           
outstanding. The 2022 Rule of Law Report recommended to Ireland to “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”93. On 7 February 2023, Ireland presented a review study of the 
existing statutory framework for Ethics in Public Office94. This review gives a comprehensive 
overview  of  the  existing  integrity  framework  in  Ireland  and  makes  recommendations  for 
improvement.  The  review  includes  many  existing  recommendations  already  highlighted  by 
previous  national  reviews  or  international  organisations  reports95,  such  as:  replacing  the 
existing ethics framework with a uniform and consolidated values-based normative framework, 
a recommendation which was already made in GRECO’s Fourth Round Evaluation Report in 
201496;  including  new  statutory  prohibitions  in  an  ethics  law,  which  are  outstanding 
recommendations  of  the  Mahon  Tribunal97  and  the  2020  Hamilton  report98;  and  the 
strengthening of the powers of investigation, sanctioning and enforcement of the SIPO. The 
2015 Public Sector Standards Bill, which was never adopted in Parliament, will be the starting 
point for new legislative proposals99. Although the review study forms a solid basis to enact 
the necessary changes, actual drafting, discussion and adoption of legislation in relation to the 
ethics framework remains outstanding, as noted already last year. Therefore, there has been 
some progress on the implementation of the recommendation made in the 2022 Rule of Law 
Report. 

There has been some progress to strengthen asset declarations provisions. The 2022 Rule 
of Law Report recommended to Ireland to “strengthen the […] asset declarations”100. Rules on 
asset and interest  declarations apply to  public office holders101, members of Parliament and 
civil servants under the Ethics Acts102. However, only members of Parliament are required to 
publicly disclose their interests and present annual statements to SIPO103. As reported in the 
2021  and  2022  Rule  of Law  Reports104,  the  material  scope  of  declarations  remains  limited, 

93   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
94   Department of Public Expenditure and Reform (2022), Review of Ireland’s Statutory Framework for Ethics 

in Public Office. 

95   Information received from Transparency International in the context of the country visit to Ireland. 
96   GRECO (2014), Fourth Evaluation Round, p. 46. 
97   Mahon, Faherty and Keys (2012), Tribunal of Inquiry into Certain Planning Matters and Payments, pp. 2594-
2595. The parliament can appoint a Tribunal of Inquiry to investigate urgent matters of public importance. 
The Mahon Tribunal investigated existing legislation in the areas of conflict of interest, ethics in public office, 
political finance, planning, local government, the investigation and prosecution of corruption, transparency of 
corporate bodies and the powers of tribunals, and was established in 1997 to investigate allegations of corrupt 
payments to politicians regarding political decisions. 

98   Department  of  Justice  (2020),  Review  of  structures  and  strategies  to  prevent,  investigate  and  penalise 

economic crime and corruption; Report of the Review Group, pp. 118-119. 

99   Input from Ireland for the 2023 Rule of Law Report, p. 22. 
100  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
101  Input from Ireland for the 2022 Rule of Law Report, p. 25. 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. 

102  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. 

103  Input from Ireland for the 2022 Rule of Law Report, p. 25. 
104  2022 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. 12; GRECO (2022), Fourth Evaluation 
Round - Second Interim Compliance Report, p. 9. 

13 

 
                                                           
although  new  provisions  might  be  adopted  in  the  future  on  declaration  of  liabilities105.  The 
Review  of  Ireland’s  Statutory  Framework  for  Ethics  in  Public  Office  underscores  this 
situation106, including the strengthening of the powers of enforcement of SIPO107. Additionally, 
the  digitalisation  of  the  asset  and  interest  disclosures  would  not  only  ensure  a  more  user-
friendly  way  of  filing  declarations  but  would  also  ensure  an  easier  use  by  SIPO  and  civil 
society.  At  the  moment,  there  is  no  legal  obstacle  to  start  the  digitalisation  process108.  The 
Government  underlines  that  progress  on  strengthening  asset  declaration  provisions, 
recommended as part of the Review of the statutory framework mentioned above, also depends 
on the discussion and adoption of legislative reform, which is currently being prepared109. SIPO 
perceives an increased workload, both in terms of complaints110 about breaches and requests 
for  advice.  In  order  to  properly  meet  the  growing  demand,  additional  resources  would  be 
needed111. Therefore, some progress was made on the implementation of the recommendation 
made in the 2022 Rule of Law Report. 

Regulation  on  political  party  financing  remains  applicable,  although  a  comprehensive 
review  of  the  system  is  needed.  Political  party  financing  is  regulated  under  the  Electoral 
Act112.  The  provision  remains  applicable  without  changes,  although  some  issues  have  been 
reported with regards to the recording of election expenses113. A comprehensive review of the 
framework  would  therefore  be  needed,  in  order  to  address  the  need  for  modernisation  and 
digitalisation  of  data  collection.  The  Government  has  expressed  willingness  to  carry  out  a 
comprehensive review of the Electoral Act 1997, now that an Electoral Commission has been 

105  The Standards in Public Office (Amendment) Bill 2023 (No. 16 of 2023) was initiated on 23 of February 2023 
and it is currently in the second stage in the Lower House. Under part 2 (Registerable Interests), it proposes to 
amend paragraph 1 of the Second Schedule to the Act of 1995, by the insertion of the following subsection 
after subsection (3): “(3A) any liability of the public official concerned in excess of €50,000 (other than a 
charge on the private home)”.  

106  Department of Public Expenditure and Reform (2022), Review of Ireland’s Statutory Framework for Ethics 

in Public Office, pp. 52-53. 

107  Department of Public Expenditure and Reform (2022), Review of Ireland’s Statutory Framework for Ethics 

in Public Office, p. 59.  

108  Information received from the the Standards in Public Office Commission and Transparency International in 

the context of the country visit to Ireland. 

109  Input from Ireland for the 2023 Rule of Law Report. 
110  Department of Public Expenditure and Reform (2022), Review of Ireland’s Statutory Framework for Ethics 

in Public Office, p. 14. 

111  Information received from the Standards in Public Office Commission in the context of the country visit to 
Ireland; Department of Public Expenditure and Reform (2022), Review of Ireland’s Statutory Framework for 
Ethics in Public Office, p. 42. 

112 Electoral Act 1997. Information received from the Ministry for Housing, Local Government and Heritage in 
the  context  of  the  country  visit  to  Ireland.  The  Department  of  Housing,  Local  Government  and  Heritage 
suggests the opportunity of a comprehensive review of the party financing framework, also in light of the need 
to cover new tools, notably digital fundraising. 

113  In January 2023, a significant political party criticised the Minister for Public Expenditure over his failure to 
properly  record  2016  election  expenses  (particularly  his  failure  to  include  a  payment-in-kind  donation  he 
received for services, which was admitted by the Minister at the Parliament). Later on, in February 2023, Irish 
media reported that SIPO was also questioning financial declarations of the mentioned party, which was also 
confirmed  by  the  party‘s  Leader  itself.  The  importance  of  an  adequate  ethic  laws  in  relation  to  election 
expenses and campaign donations was also recently underlined by Transparency International Ireland in their 
website.  

14 

 
                                                           
established114.  SIPO  oversees  the  integrity  framework  for  public  officials  including  party 
financing115. 

Significant  progress  was  made  to  strengthen  the  existing  framework  on  lobbying,  as 
amendments to the current legislation are pending in Parliament. The 2022 Rule of Law 
Report recommended to Ireland to “strengthen the existing ethics framework, including on […] 
lobbying”116. The Regulation of Lobbying (Amendment) Bill 2022 (the Bill) was tabled by the 
Government on 22 September 2022. The draft law then completed the Lower House Final Stage 
on 1 March 2023 and the Upper House Final Stage on 17 May 2023. Currently, it is due for 
return to the Lower House in June 2023 to approve amendments made in the Upper House. 
The  draft  law  will  amend  the  Regulation  of  Lobbying  Act  2015  and  aims  to  build  on  the 
existing legislative foundation to further strengthen Ireland’s lobbying laws. In particular, the 
purpose of the draft law is to extend provisions to lobbying activity by certain representative 
and issue-based bodies and to lobbying conducted by non-remunerated office-holders of other 
representative and issue-based bodies. Moreover, the draft law slightly amends the information 
required  to  appear  in  the  register.  The  draft  law  would  create  a  system  of  administrative 
financial sanctions  which can be imposed for some relevant  contraventions, including for  a 
breach  of  the  cooling-off  provision.117  The  cooling-off  provision  would  still  only  apply  to 
lobbying  however,  and  not  include  a  cooling-off  period  for  designated  public  officials118. 
Therefore, significant progress was made on the implementation of the recommendation made 
in the 2022 Rule of Law Report. 

Legislation transposing the Whistleblowers Directive has entered into force. The Protected 
Disclosures (Amendment) Act 2022 was signed into law on 21 July 2022 and came into force 
on  1  January  2023.  This  law  aims  to  transpose  the  EU  Whistleblowers’  Directive119.  The 
Government has increased financial support to Transparency International Ireland to operate a 
“Speak Up” helpline and a legal advice centre that offers information and advice to support 

114 See Section IV. Other institutional issues related to checks and balances. The Minister of State for Heritage 
and Electoral Reform has stated that the Government is committed to a comprehensive review of the Electoral 
Act 1997 by the Electoral Commission, when established, with a view to making recommendations to address, 
among other matters, the concerns raised by civil society in connection with the wide-ranging definition of 
“political purposes” as set out in section 22(2)(aa) of the Electoral Act 1997. Written contribution from the 
Ministry  for  Housing,  Local  Government  and  Heritage  in  the  context  of  the  country  visit  in  Ireland.  The 
Standards in Public Office Commission, which oversees the administration of legislation governing political 
financing, including political donations and election expenses, has not yet announced new initiatives related 
to a review of the political party financing framework this year.  

115  The Electoral Act 1997 regulates political financing, including political donations and election expenses; The 
Oireachtas (Ministerial and Parliamentary Activities) (Amendment) Act 2014 regulates expenditure of public 
funds to political parties and independents. 

116  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
117  Input from Ireland for the 2023 Rule of Law Report, pp. 20-21; Regulation of Lobbying (Amendment) Bill 

2022 Bill Digest. 

118  Regulation of Lobbying (Amendment) Bill 2022 Bill Digest, pp. 19-23. The Regulation of Lobbying Act 2015 
provides that certain designated public officials (DPOs) are subject to a “cooling-off” period (Ministers and 
Ministers of State, special advisers and prescribed public servants), while others DPOs for the purposes of the 
lobbying registration requirements are not covered by this provision. 

119  Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection 

of persons who report breaches of Union law. 

15 

 
                                                           
whistleblowers.  Transparency  International  has  also  been  nominated  to  receive  protected 
disclosures from Garda personnel, including on suspected corruption120.  

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 press121. The Government has adopted the Online Safety and 
Media  Regulation  Act  2022  (the  OSMR  Act),  which  partially  transposed  the  Audiovisual 
Media Services Directive122 and resulted in a major overhaul of the Irish media law, including 
the  establishment  of  a  new  independent  media  regulator123.  Primary  legislation  provides 
safeguards  for  the  independence  of  the  public  service  media124.  The  Government  has  been 
carrying  out  a  review  of  the  Freedom  of  Information  Act  (FOI)  with  the  purpose  of 
strengthening the right of access to information.  

A  new  media  authority  with  extensive  regulatory  functions  has  been  established.  The 
recently commenced OSMR Act provides for the establishment of a new multi-person media 
regulatory authority, known as Coimisiún na Meán (the Media Commission), which replaced 
the Broadcasting Authority of Ireland (BAI)125. The Media Commission possesses extensive 
regulatory functions which include, among others, regulating broadcasting, video on-demand, 
and video-sharing platform services, acting as licencing authority for radio and television, and 
will be designated as the Digital Service Coordinator under the Digital Services Act126. The 
Media  Commission  is  also  responsible  for  the  oversight  and  implementation  of  the  new 
regulatory  framework  for  online  safety  established  by  the  OSMR  Act.  To  this  end,  it  is 
empowered to  adopt  and assess compliance with  binding online safety codes governing the 
standards and practices that online services will have to follow when tackling the availability 
of harmful online content127. The independence of the Media Commission is ensured through 
a  set  of  legal  safeguards  that  the  OSMR  Act  provides  in  relation  to  the  procedures  for  the 
appointment and dismissal of the members of the Media Commission128. In order to fulfil its 
new wider functions, fund its activity, and ensure its independence, the Media Commission is 
expected  to  be  entirely  self-financing  and  has  the  power  to  impose  a  levy  on  the  services 

120  Information received from the police in the context of the country visit. 
121  Constitution of Ireland, Article 40, para. 6.1. Ireland ranks 2nd in the 2023 Reporters without Borders World 

Press Freedom Index compared to 6th in the previous year.  

122  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 by 19 September 2020. The infringement procedure is still ongoing, INFR 
2020/0531.  

123  Online Safety and Media Regulation Act 2022. 
124  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 59% of respondents 

in Ireland stated that they trust public TV and radio stations, above the EU average of 49%. 

125  Department  of  Tourism,  Culture,  Arts,  Gaeltacht,  Sport  and  Media  (2023),  Press  Release  -  New  media 

regulator, Coimisiún na Meán, formally established. 

126  Regulation  (EU)  2022/2065  on  a  Single  Market  For  Digital  Services  and  amending  Directive  2000/31/EC 

(Digital Services Act) 

127  Online Safety and Media Regulation Act 2022, Part 11.  
128  The Online Safety and Media Regulation Act 2022 regulates the operations of  the Media Commission and 
provides  for  rules  regulating  the  appointment  and  removal  of  Commissioners,  Online  Safety  and  Media 
Regulation Act 2022, Part 3. Notably, in case of removal, the Government has to notify the Commissioner in 
writing of the decision and the reasons for the removal, in accordance with, Section 12(10) (a) and (b) of the 
Online Safety and Media Regulation Act 2022. 

16 

 
                                                           
regulated under the OSMR Act129. However, some stakeholders have expressed concerns in 
relation to the adequacy of the resources with respect to the broad functions that the Media 
Commission will be carrying out under the new regulatory framework130. 

The system of self-regulatory bodies operating in the press sector remains effective.  In 
Ireland,  the  news  media  sector  can  rely  upon  a  well-established  self-regulatory  framework 
based on the operation of the Office of the Press Ombudsman and the Press Council of Ireland. 
They oversee compliance with the professional and ethical standards embodied in the relevant 
Code  of  Practice  by  their  members,  which  comprise  the  totality  of  daily  and  Sunday 
newspapers published in Ireland, the majority of local newspapers, as well as Irish magazines 
and online-only news publications131. In 2022, the Office of the Press Ombudsman analysed 
19 complaints132. The fact that, over 15 years of operation, more than 5 000 complaints have 
been submitted, with an average of 400 a year, signals that the public considers the system as 
an  effective  way  to  ensure  compliance  with  professional  and  ethical  standards  in  the  Irish 
press133. 

The law ensures the independence of the public service media, while work is ongoing on 
the reform of the public funding framework. In Ireland there are two public service media, 
Raidió  Teilifís  Éireann  (RTÉ)  and  the  Irish  language  public  broadcaster  TG4.  They  hold 
significant audience shares, accounting together for 29% of linear broadcasting viewing, with 
RTÉ representing the largest accessed online and offline source in Ireland for news and current 
affairs134. Although there is no evidence of direct political interference in editorial activities of 
the  public  service  broadcasters135  and  the  appointment  process  also  involves  a  cross-
parliamentary  committee,  the  involvement  of  the  Minister  for  Tourism,  Culture,  Arts, 
Gaeltacht, Sport and Media and of the Government in the appointment of the public service 
media boards, as also referred to in the 2022 Rule of Law Report, is considered as a risk factor 

129  Online Safety and Media Regulation  Act 2022, amending section 21; additionally, on an interim basis, the 
Government has allocated exchequer funding of EUR 7.5 million in 2023 to support the Media Commission 
in the early stages of its establishment, Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media 
(2022), Press Release - Ministers Martin and Chambers announce details of Budget 2023 for the Department 
of Tourism, Culture, Arts, Gaeltacht, Sport and Media. According to Government estimates, the operation of 
the Media Commission will rely on a budget ranging between EUR 14.5 and 14.8 million and on a staff of 
around 150, information received by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media in 
the context of the country visit to Ireland.  

130  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 36; National Union 
of  Journalists  (2022),  NUJ  urges  rethink  on  “giant  Media  Commission”  watchdog,  as  confirmed  by 
information received in the context of the country visit to Ireland from the National Union Journalists and the 
Irish Council for Civil Liberties. 

131  2022 Rule of Law Report, Country Chapter on the rule of law situation in  Ireland, p. 16; Press Council of 

Ireland (2022), Annual Report 2021.  

132  Information  is  available  on  the  Press  Council  of  Ireland  and Office  of  the  Press  Ombudsman  website: 
https://www.presscouncil.ie/office-of-the-press-ombudsman/outcome-of-complaints/decided-by-the-press-
ombudsman. 

133  Committee on Public Petitions (2022), Annual Reports of the Press Council of Ireland and Office of the Press 

Ombudsman: Press Ombudsman.  

134  2023 Media Pluralism Monitor, country report for Ireland, p. 7; in 2022, RTÉ reached an average of 89% of 

Irish adults per week, information received in the context of the country visit to Ireland from RTÉ. 

135  2023 Media Pluralism Monitor, country report for Ireland, p. 20. In October 2022, RTÉ declined an invite of 
the parliamentary committee on media to discuss its editorial decisions in relation to the coverage of particular 
issues, Irish Examiner (2022), Politicians to question RTÉ on decision making; Contribution from the Irish 
Council for Civil Liberties for the 2023 Rule of Law Report, p. 34, as confirmed by information received in 
the context of the country visit to Ireland from RTÉ. 

17 

 
                                                           
for  the  independence  of  the  public  service  broadcasters136.  Such  risk  is  nevertheless 
counterbalanced by the rules whereby the removal of a member of the management board has 
to be approved by each House of the Parliament137. RTÉ’s editorial independence is further 
strengthened  through  standards  and  best  practices  of  editorial  integrity  and  independence, 
agreed and respected across all the outlet, including the management and the editorial staff138. 
Irish law also requires the public service broadcasters to comply with safeguards ensuring the 
plurality of information and opinions139. The Government has also committed to examining the 
options for a reform of the TV licence-fee system with a view to provide the public service 
media with more secure and adequate funding140.  

A searchable database financially supported by the media regulator ensures the access to 
information on media ownership. Since 2020, the Media Commission has been funding the 
Mediaownership.ie  database,  an  online  database  providing  ownership  information  of  Irish-
owned media outlets141. The database, which is publicly accessible, is developed and managed 
by the Dublin City University’s School of Communications and facilitates, in practice, also the 
access  to  information  about  beneficial  owners142.  Nevertheless,  given  the  fact  that  the 
Mediaowneship.ie database currently covers only a small number of online outlets, which in 
Ireland have become the main consulted sources, the 2023 MPM considers the transparency of 
media ownership at medium risk143. As regards media concentrations, a specific media market 
scrutiny procedure requires the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media 

136  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 17; 2023 Media Pluralism 
Monitor, country report for Ireland, p. 20; 2022 Media Pluralism Monitor, country report for Ireland, p. 13; 
Broadcasting Act 2009, Section 81.  
137  Broadcasting Act 2009, Section 84.  
138  RTÉ (2020), Journalism Guidelines 2020, as confirmed by information received in the context of the country 

visit to Ireland from RTÉ. 

139  The  Irish  law  requires  public  service  broadcasters  to  ensure  that  their  programming  is  responsible  to  the 
interests and concerns of the whole community, that it reflects the cultural diversity informing the Irish society, 
and upholds the democratic values enshrined in the Constitution, especially those relating to rightful liberty of 
expression, Broadcasting Act 2009, Sections 114 and 118. In addition, RTÉ has also adopted a Diversity and 
Inclusion  Charter,  which  expresses  the  outlet’s  commitment  to  develop  and  implement  policies  aimed  at 
increasing  social  inclusiveness  and  fostering  the  presence  and  representation  of  minority  voices  within  its 
organisation  as  well  as  in  relation  to  the  content  offered,  RTÉ  (2018),  Diversity  and  Inclusion  Charter,  as 
confirmed by RTÉ in the context of the country visit in Ireland.  

140  The  MPM  2023  considers  the  current  funding  system  of  RTÉ  as  highly  problematic,  since  the  television 
licence fee, unchanged since 2008, fails to provide RTÉ with a level of financing that can be considered as 
adequate to properly fulfil its public service remit, 2023 Media Pluralism Monitor, country report for Ireland, 
p. 21. A Technical Working Group has been set up by the Government to examine options for the revision of 
the TV licence fee system and it is due to report to the Department of Media at the end of the first quarter of 
2023,  Department  of  Tourism,  Culture,  Arts,  Gaeltacht,  Sport  and  Media  (2022),  Press Release  -  Minister 
Catherine  Martin  announces  new  action  plan  for  the  implementation  of  the  Future  of  Media  Commission 
Recommendations. See also The Irish Times (2023), Government promises to reform TV licence fee by third 
quarter  of  2024;  RTÉ  (2022),  Government  to  'overhaul'  TV  licence  system,  as  confirmed  by  information 
received in the context of the country visit to Ireland from the Department of Tourism, Culture, Arts, Gaeltacht, 
Sport and Media. 

141  2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 14; 2023 Media Pluralism 
Monitor, country report for Ireland, p. 15. The Online Safety and Media Regulation Act 2022 also stipulates 
that  the  new  Media  Commission  shall  endeavour  to  ensure  diversity  and  transparency  in  the  control  of 
communications media operating in the State, Online Safety and Media Regulation Act 2022, Part 3, amending 
section 7 paragraph (3)(b). 

142  2023  Media  Pluralism  Monitor,  country  report  for  Ireland,  p.  15.  The  database  is  available  here:  Media 

Ownership Ireland.  

143  2023 Media Pluralism Monitor, country report for Ireland, p. 15. 

18 

 
                                                           
to  assess  the  impact  of  media  mergers  on  the  plurality  of  media  in  Ireland.  In  particular, 
Minister may refer a merger to the Media Commission for a second phase examination. The 
Minister can block a media merger when this second examination considers it to be contrary to 
the public interest in protecting plurality of the media in the State144. 

Stakeholders  have  called  for  more  clarity  in  the  allocation  of  state  advertising.  As 
described in the 2020 and 2022 Rule of Law Reports, Ireland does not have in place specific 
rules regulating the placement of state advertising in media145. Since the 2022 Rule of Law 
Report, there have been no changes in the legal framework concerning the allocation of state 
advertising. Although the evidence collected at this stage does not suggest that the Government 
expenditure gives rise to uneven or unfair treatment of media in relation to state advertising146, 
some  stakeholders  have  stressed  the  need  of  greater  clarity  on  the  decision-making  process 
concerning the allocation of state advertising. In particular, stakeholders pointed to the risk of 
potential conflict of interests stemming from recourse to third-party agencies to place public 
bodies’ advertisements, when such agencies are owned and controlled by companies that are 
also significant players in the regional newspaper markets147.  

The legal framework for access to information is being revised. Since the 2022 Rule of Law 
Report, there have been no major developments  with respect to the ongoing revision of the 
Freedom of Information Act 2014 (FOI Act), which aims to enhance and modernise the legal 
framework  regulating  the  right  of  access  to  information148.  During  the  public  consultation 
stage,  which  closed  in  September  2022,  around  2400  responses  were  received  and  are  now 
under consideration of the Minister, with the view to produce a final report with findings and 
recommendations in the course of 2023149. According to a progress update report published in 
December 2022150, slightly over four out of every five requests of access to documents annually 
submitted  under  the  FOI  Act  were  granted  in  full  or  in  part  in  the  years  following  the 
introduction of the 2014 FOI Act, with only few requesters dissatisfied and asking for a review 
of  the  decision151.  Although  a  customer  satisfaction  survey  reported  that  60%  of  requesters 

144 Competition and Consumer Protection Act 2014, Sections 28D-28G. 
145  2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 12; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Ireland, p. 17. 

146  2023 Media Pluralism Monitor, country report for Ireland, p. 20; 2022 Rule of Law Report, Country Chapter 
on the rule of law situation in Ireland, p.17, as confirmed by information received in the context of the country 
visit to Ireland from the Broadcasting Authority of Ireland. 

147  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 34; Joint Committee 
on Tourism, Culture, Arts, Sport and Media (2022), Joint Committee on Tourism, Culture, Arts, Sport and 
Media  debate  -  Thursday,  24  November  2022,  as  confirmed  by  information  received  in  the  context  of  the 
country visit to Ireland from the National Union of Journalists. 

148  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 18.  
149  Department  of  Public  Expenditure,  NDP  Delivery  and  Reform  (2022),  Press  release  -  Minister  McGrath 
updates Government on the Review of the Freedom of Information Act; Input from Ireland for the 2023 Rule 
of Law Report, p. 32. 

150  Department of Public Expenditure, NDP Delivery and Reform (2022), FOI Review Update for Stakeholders, 

p. 7. 

151  Annually, internal reviews and independent reviews were sought respectively for 3% and 1% of the requests, 
Department of Public Expenditure, NDP Delivery and Reform (2022), FOI Review Update for Stakeholders, 
p. 7. When dissatisfied with the outcome of a request of access, requesters can rely on a two-level system of 
review. Notably, at a first stage they can ask for an internal review at higher level in the body concerned by 
the  request,  while  at  a  second  stage,  an  independent  review  can  be  sought  before  the  Information 
Commissioner, Freedom of Information Act 2014, Sections 21 and 22.  

19 

 
                                                           
were satisfied with the handling of their requests152, the evidence emerging from the ongoing 
review also points to the need to adjust some aspects of the framework in order to foster its 
efficiency and consistency. In particular, the preliminary findings point to the need for a more 
coherent  approach  to  information  governance  and  access,  a  more  collaborative  approach  to 
release  information,  and  improvements  in  the  request  process,  notably  with  respect  to 
timeframes and extensions and a more active engagement with requesters153. Moreover, some 
stakeholders have pointed out to the need to address certain shortcomings of the mechanism in 
some reported instances, such as the excessively high costs of accessing information held by 
the Government, the existing restrictions on access to information across the criminal justice 
system,  and  the  need  to  increase  the  accessibility  to  public  information  for  marginalised 
groups154.  

Rising challenges that journalists face in the performance of their work are aimed to be 
addressed with new initiatives. First, civil society organisations and journalists’ associations 
have reported a deteriorating trend of the professional environment for journalists155. In 2022 
the Mapping Media Freedom platform registered three incidents in Ireland, the highest number 
since 2017, whereas two new incidents have been already reported since January 2023156. There 
is also a particular concern as regards the increase of cases of online abuses, especially targeting 
female  journalists,  which  sometimes  also  translate  in  physical  harassment,  as  well  as  the 
increase in the recourse to strategic lawsuits against public participation (or SLAPPs) against 
media  organisations157.  In  2022,  the  National  Union  of  Journalists  and  other  media 
organisations established together with the national police the Media Engagement Group with 

152  Department of Public Expenditure, NDP Delivery and Reform (2022), FOI Review Update for Stakeholders, 

p. 9.  

153  Ibid, pp. 12-13.  
154  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, pp. 41-42; Irish Penal 
Reform Trust (2021), Progress in the Penal System – The need for transparency, pp. 4, 11, and 13; Contribution 
from the Law  Society of Ireland for the 2023 Rule of Law Report, p. 20. Similarly, the 2023 MPM report 
scores the protection of the right to information as medium risk due to weaknesses related to limited economic 
and staff resourcing that affect the implementation of the FOI Act, 2023 Media Pluralism Monitor, country 
report for Ireland, p. 13.  

155  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 36, as confirmed 
by information received in the context of the country visit to Ireland from the National Union of Journalists, 
RTÉ, and the Irish Council for Civil Liberties.  

156  In particular, while three incidents were reported in 2017, only one incident was reported in 2018. For the 
years 2021,2020 and 2019 two incidents were reported annually, Mapping Media Freedom, Ireland country 
profile.  

157  Contribution  from  the  Irish  Council  for  Civil  Liberties  for  the  2023  Rule  of  Law  Report,  p.  37;  An  RTÉ 
journalist referred to cases of physical and online harassment she experienced during her work, Irish Examiner 
(2019),  You  have  very  good  English  for  a  Nigerian  girl':  RTÉ  journalist,  23,  subjected  to  racism;  two 
journalists of The Irish Times were the target of abuses and smear campaigns on social media for their coverage 
of  an  alleged  assault  at  a  migrant  camp,  Coalition  For  Women  In  Journalism  (2023),  Ireland:  Attempt  To 
Smear Kitty Holland Following Report On Migrant Camps – CFWIJ Calls On Social Media Companies To 
Act; a crowd of people physically and verbally harassed a camera operator and other news photographers of 
RTÉ, The Journal (2022), RTÉ 'in contact' with gardaí over staff safety as video shows crowd confronting 
cameraman; anti-vaccine and far-right groups have been targeting RTÉ and its staff in several occasions over 
the past few years, The Journal (2021), Adrenochrome: why was a QAnon conspiracy drug name-checked at 
Dublin's anti-lockdown protest? and The Journal (2021), Arrests amid major Garda presence as anti-lockdown 
events take place in Dublin.  

20 

 
                                                           
a view to discuss threats and violence against journalists and monitor journalists’ safety158. The 
Media  Engagement  Group  is  chaired  by  the  senior  leadership  of  the  national  police  and 
includes representatives from the media sector, the Department of Justice, and the Department 
of  Tourism,  Culture,  Arts,  Gaeltacht,  Sports  and  Media.  It  is  intended  to  work  as  a  direct 
reporting system to the police on which journalists that experience physical or online abuses 
can rely, also in cases where such incidents do not escalate to the level of formal complaints 
that require criminal investigation159. Second, the Government has also pledged to establish a 
new Media Fund in 2023 primarily intended to support, on a platform-neutral basis, public-
interest  media  content160.  On  this  basis,  two  new  schemes161,  managed  by  the  Media 
Commission, will be prioritised for implementation with the aim of promoting the provision of 
additional  public  service  content,  and  supporting  independent  journalism,  freedom  of 
expression and local democracy162.  

Some progress has been made to improve the professional environment for journalists, 
as a General Scheme of the Defamation (Amendment) Bill has been published. The 2022 
Rule of Law Report recommended to Ireland to “continue the reform of the Defamation Act to 
improve the professional environment for journalists taking into account European standards 
on the protection of journalists”163. The shortcomings of the defamation regime in Ireland have 
been  a  long-standing  issue164.  In  particular,  the  absence  of  measures  designed  to  counter 
SLAPP cases and the lack of safeguards in relation to the unpredictably high costs that might 
occur  in  the  context  of  defamation  lawsuits165  has  been  often  mentioned  by  journalists  and 

158  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 37, as confirmed 
by information received in the context of the country visit to Ireland from the National Union of Journalists 
and RTÉ.  

159  Input from Ireland for the 2023 Rule of Law Report, p. 31, as confirmed by information in the context of the 
country visit to Ireland received from the the Department of Tourism, Culture, Arts, Gaeltacht, Sports and 
Media, the National Union of Journalists and RTÉ.  

160  Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2022), Press Release - Ministers Martin 
and Chambers announce details of Budget 2023 for the Department of Tourism, Culture, Arts, Gaeltacht, Sport 
and Media. 

161  The  two  schemes,  which  were  recommended  by  the  Future  of  Media  Commission,  established  by  the 
Government  in  September  2020  and  tasked  with  developing  recommendations  aimed  to  ensure  the 
sustainability  and  resilience  of  the  Irish  media  landscape,  are  the  Courts  Reporting  Scheme,  aimed  at 
supporting journalism focused on the coverage of court proceedings and Local Democracy Reporting Scheme, 
aimed  at  supporting  journalism  focused  on  the  coverage  of  matters  pertaining  to  the  activities  of  local 
institutions and local authorities, The Future  of Media Commission (2022), Report of the Future of Media 
Commission, pp. 170-173.  

162  Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2022), Press Release - Ministers Martin 
and Chambers announce details of Budget 2023 for the Department of Tourism, Culture, Arts, Gaeltacht, Sport 
and  Media,  as  confirmed  by  information  received  in  the  context  of  the  country  visit  to  Ireland  from  the 
Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, the Broadcasting Authority of Ireland, and 
the National Union of Journalists. 

163  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2.  
164  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 18- 19; 2021 Rule of 
Law Report, Country Chapter on the rule of law situation in Ireland, p.15; 2020 Rule of Law Report, Country 
Chapter on the rule of law situation in Ireland, p. 13; 2022 Media Pluralism Monitor, country report for Ireland, 
p.10.  

165  The current defamation laws do not provide for any limit or cap to the award of damages in defamation cases, 
which  can  therefore  open  the  door  to  theoretically  limitless  damages  payments,  2022  Media  Pluralism 
Monitor, country report for Ireland, p. 8; Contribution from the Law Society of Ireland for the 2023 Rule of 
Law Report p. 23, as confirmed by information received in the context of the country visit to Ireland from 
RTÉ and the National Union of Journalists. On the other hand, some stakeholders welcomed the exclusion of 
a  cap  on  damages  as  guidance  in  relation  to  damages  was  set  out  in  recent  Supreme  Court  judgments,  in 

21 

 
                                                           
other media stakeholders as an issue generating a chilling effect over freedom of information 
and the journalistic work166. In March 2023, the Government published the General Scheme of 
the Defamation (Amendment) Bill with a view to present a full bill before the Parliament by 
the  end  of  2023167.  The  General  Scheme  takes  into  account  several  recommendations 
formulated in the Report on the Review of the Defamation Act published in March 2022 by the 
Irish  Department  of  Justice168.  In  particular,  it  abolishes  the  use  of  juries  in  High  Court 
defamation cases with a view to reduce the risks of disproportionate and unpredictable damages 
awards and introduces rules to counteract SLAPPs169. Considering these developments, there 
has  been  some  progress  in  relation  to  the  recommendation  made  in  the  2022  Rule  of  Law 
Report.  

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. 

The  use  of  the  so-called  ‘guillotine  motions’  to  shorten  the  time  allocated  to  debate 
legislative  proposals  and  motions  has  continued.  As  referred  in  previous  Rule  of  Law 
Reports170, the legislative process has been characterised, since the beginning of the pandemic, 
by the use of the so-called ‘guillotine motions’. In 2022, 56 such motions were prepared in the 
Lower House in relation to the bills that were passed and enacted and of those, 27 motions 
were used in order to shorten the debate171. In the Upper House, 38 motions were prepared and 

particular  McDonagh  v  Sunday  Newspapers  (where  the  Supreme  Court  set  out  a  proportionality  test)  and 
Higgins v Irish Aviation Authority (where the Supreme Court set out guidelines in relation to the amount of 
damages that should be awarded based on the seriousness of the defamation, including  a suggested maximum 
of  EUR  300  000  (except  in  exceptional  cases)),  Law  Society  of  Ireland  (2023),  General  Scheme  of  the 
Defamation (Amendment) Bill – Submission to the Joint Oireachtas on Justice.    

166  2022 Media Pluralism Monitor, country report for Ireland, p. 21; Reporter without Borders (2022), Ireland 
Country Section available on https://rsf.org/en/country/ireland; Contribution from the Irish Council for Civil 
Liberties for the 2023 Rule of Law Report, p. 37, as confirmed by information received in the context of the 
country visit to Ireland from RTÉ and the National Union of Journalists.  

167  Department of Justice (2023), Press Release – Minister Harris publishes draft legislation to reform Ireland’s 

defamation laws. 

168  Department of Justice (2022), Report on the Review of the Defamation Act 2009. 
169  Draft  General  Scheme  –  Defamation  (Amendment)  Bill.  Although  the  measures  included  in  the  General 
Scheme have been overall welcomed, some stakeholders have nevertheless regretted the non-inclusion of a 
cap on damages. Similarly, there has been criticism for the non-inclusion of a general “serious harm” test, 
which  under  the  General  Scheme  only  applies  in  cases  involving  bodies  corporate,  public  authorities  and 
retailers.  In particular, such test requires claimants to show that the alleged defamation was likely to cause 
serious harm to their reputation, contributing to reducing the number of unwarranted or vexatious defamation 
lawsuits, International Press Institute (2023), Ireland: How the wealthy and powerful abuse legal system to 
silence  reporting;  The  Irish  Times  (2023),  The  Irish  Times  view  on  defamation  reform:  time  to  act; 
NewsBrands Ireland (2023), NewsBrands Ireland welcomes today’s publication of draft legislation to reform 
Ireland’s Defamation Laws. 

170  2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 16-17. 
171  Input from Ireland for the 2023 Rule of Law Report, p. 36. 

22 

 
                                                           
seven motions were moved172. The Speaker of the Lower House has criticised this practice and 
its significant increase since 2020173. Moreover, civil society has also raised concerns regarding 
the continued rushing of legislation at the end of parliamentary terms174, as also expressed by 
the President of Ireland in July 2021175 and reiterated in December 2022176.  

The Irish Human Rights and Equality Commission has received additional funding. As 
announced in the 2022 Rule of Law Report177, the Government has provided additional funding 
to  IHREC  following  its  accreditation  with  A  status  by  the  UN  Global  Alliance  of  National 
Human  Rights  Institutions  (GANHRI).  IHREC  has  continued  its  activities,  focusing  on  the 
protection  of  rights  of  persons  facing  barriers  to  justice,  influencing  legislation  and  policy, 
engaging with organisations to address discrimination and human rights  abuses, and raising 
awareness  on  human  rights  and  equality  issues178.  According  to  IHREC,  there  has  been  an 
increase of parliamentary citations of their recommendations and a high-level and consistent 
media presence at national level of the activities carried out by the Commission179.  

On 1 January 2023, Ireland had two leading judgments of the European Court of Human 
Rights pending implementation, the same number as the previous year180. At that time, 
Ireland’s rate of leading judgments from the past 10 years that remain pending was at 50% 
(compared  to  33%  in  2022)  and  the  average  time  that  the  judgments  had  been  pending 
implementation was 10 years and 7 months (compared to 9 years and 7 months in 2022181). 
The latter is affected by the length of non-implementation of the two judgments which have 
been pending for over 8 years182. On 15 June 2023, the number of leading judgments pending 
implementation remains two183. 

There has been some progress to address concerns on funding of NGOs, as an Electoral 
Commission has been established and charged to review legal provisions. The 2022 Rule 
of Law Report recommended to Ireland to “take measures to address legal obstacles related to 
access to funding for civil society organisations”184. Civic space in Ireland remains open185. As 

172  Ibid.  
173  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 45.  
174  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 46. 
175  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 19. 
176  Contribution from the Irish Council for Civil Liberties for the 2023 Rule of Law Report, p. 46. 
177  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 20. 
178  IHREC 2022, Annual Report 2021, p. 11.  
179  IHREC 2022, Annual Report 2021, p. 7.  
180 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. 

181 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 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 4. 

182 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. 

183 Data according to the online database of the Council of Europe (HUDOC-EXEC). 
184  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
185  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

23 

 
                                                           
referred in the 2022 Rule of Law Report186, civil society organisations have raised concerns 
about the impact of the prohibitions under the Electoral Act to receive donations above a certain 
threshold  for  ‘political  purposes’  or  from  foreign  donors187.  In  February  2023,  an  Electoral 
Commission was established and started its functions. The Commission will shortly commence 
a comprehensive review of the Electoral  Act  to  address,  alongside other  matters,  the issues 
raised by civil society organisations188. The results of this review and the way how the legal 
obstacles related to access to funding for civil society organisations will be addressed are yet 
to be seen. The Electoral Commission has not yet produced its findings, therefore there has 
been some progress in relation to the recommendation made in the 2022 Rule of Law Report. 

Initiatives  were  taken  aimed  at  encouraging  the  participation  of  the  public  and  civil 
society in policy making. A Citizens’ Assembly, which brings together citizens to discuss and 
consider important legal and policy issues, subsequently makes recommendations and reports 
back to Parliament. In 2022, two Citizen’s Assemblies took place189. One reflected on “how to 
respond to the loss of biodiversity” and “a directly elected mayor for Dublin”, while another 
Citizens’ Assembly on drugs use started in April 2023. Moreover, in November 2022 the first 
National  Civic  Forum  for  formal  dialogue  between  Government  and  the  Community  and 
Voluntary sector was held190. The Forum focused on how to further improve policymaking and 
programming and how to make these more participative and open. The Forum also reflected 
on the future and what types of organisations should be included191.  

186  2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 20. 
187  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  interpreted  the  relevant  legislation  as  also  comprising  certain 
activities carried out by civil society organisations, such as advocacy work including outside electoral periods. 

188  Input from Ireland for the 2023 Rule of Law Report, p. 34. 
189  Citizens’ Information 2023, Citizen’s Assembly.  
190  Input from Ireland for the 2023 Rule of Law Report, p. 45. 
191  Ibid.  

24 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Bar of Ireland (2023), Contribution from the Bar of Ireland for the 2023 Rule of Law Report.  

Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report 
on Ireland. 

Centre for Media Pluralism and Media Freedom (2023), Media pluralism monitor 2023 – country report 
on Ireland. 

Chief Justice (2022), Speech by Mr. Justice Donal O’Donnell, Chief Justice, to the Irish Association of 
Law Teachers, King’s Inn, 24 May 2022. 

Information 

Citizens’ 
Assembly 
(https://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/citizens_assembly
.html#:~:text=the%20Assembly%20works-
,What%20is%20a%20Citizens'%20Assembly%3F,use%20started%20in%20April%202023.),  

Citizen’s 

2023, 

Coalition For Women In Journalism (2023), Ireland: Attempt To Smear Kitty Holland Following Report 
On Migrant Camps – CFWIJ Calls On Social Media Companies To Act (Ireland: Attempt To Smear 
Kitty Holland Following Report On Migrant Camps – CFWIJ Calls On Social Media Companies To 
Act — Coalition For Women in Journalism). 

Committee on Public Petitions (2022), Annual Reports of the Press Council of Ireland and Office of the 
Press Ombudsman: Press Ombudsman (Committee on Public Petitions debate - Thursday, 17 Feb 2022 
(oireachtas.ie) ). 

Council  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-independenceand-impartiality). 

Council of Europe: Venice Commission (2010),  Report on the Independence of the Judicial System 
Part I: The Independence of Judges (CDL-AD(2010)004-e). 

Courts Service (2022), Annual Report 2021 (https://www.courts.ie/annual-report).  

Department of Justice (2020), Review of 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 (2022), Former Director of Public Prosecution to chair new Advisory Council 
against Economic Crime and Corruption, Minister McEntee announces (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/). 

Department of Justice (2022), Garda Síochána Inspectorate Report ‘Countering the Threat of Internal 
Corruption’  Implementation  Plan  September  2022  (https://www.gov.ie/en/publication/b4feb-garda-
siochana-inspectorate-report-countering-the-threat-of-internal-corruption-implementation-plan-
september-2022/#).  

Department of Justice (2022), Implementation Plan on Civil Justice Efficiencies and Reform Measures 
(https://www.gov.ie/en/publication/cb6f0-implementation-plan-on-civil-justice-efficiencies-and-
reform-measures/).  

25 

 
Department of Justice (2022), Press release: Landmark Policing, Security and Community Safety Bill 
marks a new departure for policing in Ireland (https://www.gov.ie/en/press-release/1f4b3-landmark-
policing-security-and-community-safety-bill-marks-a-new-departure-for-policing-in-ireland/). 

(2022),  Report  on 
Department  of  Justice 
(https://assets.gov.ie/217314/724d9faf-6793-4f2b-9438-cf1e381c0e4d.pdf ). 

the  Review  of 

the  Defamation  Act  2009. 

Department of Justice (2023),  Press Release  – Minister Harris publishes draft legislation to reform 
Ireland’s  defamation  laws  (gov.ie  -  Minister  Harris  publishes  draft  legislation  to  reform  Ireland’s 
defamation laws (www.gov.ie) ). 

Department  of 
(https://www.gov.ie/en/publication/746ac-report-of-the-judicial-planning-working-group/).  

(2023),  Report  of 

Judicial  Planning  Working  Group 

Justice 

the 

Department  of  Justice  2023,  Offences  Against  the  State  Act  -  Independent  Review  Group  Reports 
(https://www.gov.ie/en/collection/2a833-offences-against-the-state-review-report/). 

Department of Justice 2023, Press release - Significant increase in judicial resources to improve access 
to  justice  announced  by  Minister  Harris  (https://www.gov.ie/en/press-release/af8f8-significant-
increase-in-judicial-resources-to-improve-access-to-justice-announced-by-minister-
harris/#:~:text=The%20Minister%20for%20Justice%20Simon,Courts%2C%20and%20to%20clear%2
0COVID).  

Department  of  Public  Expenditure,  NDP  Delivery  and  Reform  (2022),  FOI  Review  Update  for 
Stakeholders (https://assets.gov.ie/242358/05191c81-a99c-4c6d-8d0d-776166bcd464.pdf ). 

Department  of  Public  Expenditure,  NDP  Delivery  and  Reform  (2022),  Press  release  -  Minister 
McGrath  updates  Government  on  the  Review  of  the  Freedom  of  Information  Act  (gov.ie  -  Minister 
McGrath updates Government on the Review of the Freedom of Information Act (www.gov.ie) ). 

Department of Public Expenditure and Reform (2022), Review of Ireland’s Statutory Framework for 
Ethics  in  Public  Office  (https://www.gov.ie/en/press-release/0bbc0-publication-of-the-report-of-the-
review-of-irelands-statutory-framework-for-ethics-in-public-office/).  

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2022), Press Release - Ministers 
Martin and Chambers announce details of Budget 2023 for the Department of Tourism, Culture, Arts, 
Gaeltacht, Sport and Media (gov.ie - Ministers Martin and Chambers announce details of Budget 2023 
for the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (www.gov.ie)). 

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2023), Press Release - Minister 
Catherine  Martin  announces  new  action  plan  for  the  implementation  of  the  Future  of  Media 
Commission Recommendations  (gov.ie - Minister Catherine Martin announces new action plan for the 
implementation of the Future of Media Commission Recommendations (www.gov.ie) ). 

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2023), Press Release - New media 
regulator, Coimisiún na Meán, formally established (gov.ie - New media regulator, Coimisiún na Meán, 
formally established (www.gov.ie) ). 

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), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Ireland. 

European  Commission  (2022),  Flash  Eurobarometer:  Media  &  News  Survey  2022  –  Country 
Factsheets Ireland. 

26 

 
European Commission (2023), EU Justice Scoreboard. 

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 (2023), Contribution from the European Implementation Network 
for the 2023 Rule of Law Report. 

GRECO (2014), Fourth Evaluation Round – Evaluation Report on Ireland on corruption prevention in 
respect of members of parliament, judges and prosecutors. 

GRECO (2020), Fifth Evaluation Round – Evaluation Report on Ireland on preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies. 

GRECO  (2022),  Fourth  Evaluation  Round  –  Second  Compliance  Report  on  Ireland  on  corruption 
prevention in respect of members of parliament, judges and prosecutors.  

IHREC (2021), Access to Justice Concerns as 80% Believe Poorer People Get Worse Legal Outcomes 
(https://www.ihrec.ie/access-to-justice-concerns-as-80-believe-poorer-people-get-worse-legal-
outcomes/#:~:text=People%20in%20Ireland%20overwhelmingly%20(80,('the%20Commission').).  

IHREC (2022), Annual Report 2021.  

International  Press  Institute  (2023),  Ireland:  How  the  wealthy  and  powerful  abuse  legal  system  to 
silence  reporting  (Ireland:  How  the  wealthy  and  powerful  abuse  legal  system  to  silence  reporting  - 
International Press Institute (ipi.media)). 

Irish  Council  for  Civil  Liberties  (2023),  Contribution  coordinated  by  the  Irish  Council  for  Civil 
Liberties (ICCL) for the 2023 Rule of Law Report. 

Irish Examiner (2019), You have very good English for a Nigerian girl': RTÉ journalist, 23, subjected 
to racism  ('You have very good English for a Nigerian girl': RTÉ journalist, 23, subjected to racism 
(irishexaminer.com) ). 

Irish Examiner (2022), Politicians to question RTÉ on decision making (Politicians to question RTÉ on 
decision making (irishexaminer.com) ). 

Irish Government (2023), Input from Ireland for the 2023 Rule of Law Report. 

Irish  Parliament  (Oireachtas)  (2022),  Regulation  of  Lobbying  (Amendment)  Bill  2022  Bill  Digest 
(https://www.oireachtas.ie/en/bills/bill/2022/85/?tab=documents). 

Irish  Penal  Reform  Trust  (2021),  Progress  in  the  Penal  System  –  The  need  for  transparency 
(progress_in_the_penal_system_2021_-_final.pdf (iprt.ie) ). 

Law Society (2023), Contribution from the Law Society for the 2023 Rule of Law Report.  

Law Society of Ireland (2023), General Scheme of the Defamation (Amendment) Bill – Submission to 
the Joint Oireachtas on Justice (Submission on (lawsociety.ie)). 

National Union of Journalists (2022), NUJ urges rethink on “giant Media Commission” watchdog (NUJ 
urgesrethink on “giant Media Commission” watchdog ). 

NewsBrands Ireland (2023), NewsBrands Ireland welcomes today’s publication of draft legislation to 
reform  Ireland’s  Defamation  Laws  (NewsBrands  Ireland  welcomes  today’s  publication  of  draft 
legislation to reform Ireland’s Defamation Laws | News Brands Ireland). 

OECD (2023), Modernising Staffing and Court Management Practices in Ireland: Towards a More 
Responsive and Resilient Justice System (https://www.oecd.org/publications/modernising-staffing-and-
court-management-practices-in-ireland-8a5c52d0-en.htm).  

27 

 
Press  Council  of  Ireland (2022),  Annual  Report  2021  (2021  Annual  Report  of the  Press  Council  of 
Ireland and Office of the Press Ombudsman.pdf ). 

Reporters without Borders – Ireland (https://rsf.org/en/country/ireland). 

RTÉ (2020), Journalism Guidelines 2020  (21449_RTE_Journalism_Guidelines_2020-Updated.pdf ). 

RTÉ (2022), Government to 'overhaul' TV licence system (Government to 'overhaul' TV licence system 
(rte.ie) ). 

Supreme Court (2023), Contribution from the Supreme Court for the 2023 Rule of Law Report. 

The Future of Media Commission (2022), Report of the Future of Media Commission (gov.ie - Report 
of the Future of Media Commission (www.gov.ie) ). 

The  Irish  Times  (2023),  Government  promises  to  reform  TV  licence  fee  by  third  quarter  of  2024 
(Government promises to reform TV licence fee by third quarter of 2024 – The Irish Times ). 

The Irish Times (2023), The Irish Times view on defamation reform: time to act (The Irish Times view 
on defamation reform: time to act – The Irish Times). 

The Journal (2021), Adrenochrome: why was a QAnon conspiracy drug name-checked at Dublin's anti-
lockdown protest? (Adrenochrome: why was a QAnon conspiracy drug name-checked at Dublin's anti-
lockdown protest? (thejournal.ie) ). 

 The Journal (2021), Arrests amid major Garda presence as anti-lockdown events take place in Dublin 
(Arrests amid major Garda presence as anti-lockdown events take place in Dublin (thejournal.ie) ). 

The Journal (2022), RTÉ 'in contact' with gardaí over staff safety as video shows crowd confronting 
cameraman  (RTÉ  'in  contact'  with  gardaí  over  staff  safety  as  video  shows  crowd  confronting 
cameraman (thejournal.ie) ). 

Transparency International (2023), Corruption Perceptions Index 2022. 

Transparency International Ireland (2022), Letter to Minister Helen McEntee on the Advisory Council 
on  Economic  Crime  and  Corruption  (https://transparency.ie/resources/submissions/2022-letter-
corruption-advisory-council).  

UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (2017), 
Concluding  observations  on  the  combined  sixth  and  seventh  periodic  reports  of  Ireland 
(http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsgA84
bcFRy75ulvS2cmS%2F%2Bil2Olic4vOOol%2B%2FJdEApK4Y1bDvfs5hiCDBBEjK%2FEX3%2Bi
o9SY4WyO2qG7JijYBEmLaDNBkAtODampBJJZhUgVH%2FsStH8n1EM2GaPB3Iu%2BPRA%3D
%3D).  

UN  Human  Rights  Committee  (2014),  Concluding  observations  on  the  fourth  periodic  report  of 
Ireland.  

28 

 
 
Annex II: Country visit to Ireland 

The Commission services held virtual meetings in February 2023 with: 

  Advisory Council on Economic Crime and Corruption 
  Association of Judges of Ireland (AJI) 
  Bar of Ireland 
  Broadcasting Authority of Ireland 
  Corporate Enforcement Authority (CEA) 
  Courts Service 
  Department of Justice 
  FLAC-Free Legal Advice Centres 
  Garda Anti-Corruptin Unit (GACU) 
  Garda Economic Crime Bureau 
  Houses of the Oireachtas Service (Parliament Service) 
 
 
 
 
 
 
 
  Law Society of Ireland 
  Legal Services Regulatory Authority 
  Mercy Law Resource Centre 
  National Union of Journalists 
  Office of the Director of Public Prosecution 
  Representatives of the Judiciary 
  RTÉ Ireland's National Television and Radio Broadcaster 
  Standards in Public Office Commission (SIPO) 
  Transparency International 

Irish Council for Civil Liberties 
Irish Environmental Network 
Irish Human Rights and Equality Commission 
Irish Network Against Racism 
Irish Penal Reform Trust 
Irish Traveller Movement 
Irish Small and Medium Enterprises Association (ISME) 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action 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 

29 

 
 
ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  

  Front Line Defenders 
 
 
 
 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

30