COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Ireland, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 807 final  COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report                  The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

Reforms  aimed  at  improving  the  independence  and  quality  of  the  Irish  justice  system 
continued and its perceived independence among companies is now at a very high level. The 
new Judicial Appointments Commission Act introduced a number of improvements to reduce 
political  influence  in  the  appointment  and  promotion  of  judges.  The  composition  of  the 
Judicial  Appointments  Commission  remained  unchanged.  The  system  for  handling 
complaints relating to alleged judicial misconduct became fully functional.  Steps have been 
taken to reduce litigation costs with a Civil Reform Bill in preparation and a report is being 
reviewed in view of further initiatives. A general review of the Civil Legal Aid scheme and a 
revision of the Criminal Justice Legal Aid Bill are being prepared. An additional number of 
judges  have  been  appointed.  Steps  to  improve  digitalisation  of  justice  are  being  taken. 
Consideration of recommendations on repealing the Offences Against the State Acts  is  still 
pending.  Concerns  persist  as  regards  the  length  of  proceedings  and  there  is  no  system  to 
regularly  evaluate  court  performance  based  on  defined  indicators.  A  law  providing  for  a 
compensation scheme for cases of excessive length of court proceedings has been adopted.  

Ireland continues to have a comprehensive framework for both the prevention and repression 
of corruption, and a low level of perceived corruption. Work is on-going  on a multi-annual 
anti-corruption strategy to tackle corruption, despite delays. When it comes to investigating 
and  prosecuting  corruption,  challenges  remain  regarding  resources  and  specialisation. 
Overall,  cooperation  within  police  services  and  between  prosecution  and  police  continues 
smoothly.  The  recently  adopted  police  reform  aims  to  ensure  more  independence  to 
investigate integrity violations within the police, while the police continue to raise awareness 
on  preventing  corruption  among  staff.  The  reform  of  the  existing  framework  for  Ethics  in 
Public  Office  is  still  pending,  with  drafting  of  relevant  legislation  outstanding.  The 
amendments to the lobbying regulation entered into force, while no further steps were taken 
to  strengthen the asset  disclosure rules  and the  monitoring and enforcement capacity of the 
Standards  in  Public  Office  Commission.  High-risk  areas  for  corruption  include  public 
procurement, planning and development sectors.  

Ireland  has  legal  and  institutional  safeguards  in  place  ensuring  media  freedom  as  well  as 
independence for the media regulator and public service media. A system of self-regulatory 
bodies  contributes  to  ensuring  that  the  press  sector  operates  in  line  with  ethical  and 
journalistic  standards.  The  public  service  broadcaster  has  been  facing  financial  challenges 
following  cases  of  corporate  governance  failures,  which  also  prompted  the  Government  to 
launch an independent  review on the matter. The media regulator supported new initiatives 
aimed  at  increasing  media  ownership  transparency.  There  have  been  no  developments 
regarding  transparency  of  state  advertising.  A  review  of  the  2014  Freedom  of  Information 
Act  is  ongoing.  New  initiatives  on  reporting  and  investigation  of  incidents  contributed  to 
increasing the safety of journalists. Work on the reform of the defamation regime continued, 
with a new revised bill awaiting publication in 2024. 

The use of ‘guillotine motions’  to  shorten the time allocated to  debate legislative proposals 
decreased considerably. The Irish Human Rights and Equality Commission is facing resource 
issues.  The  Electoral  Commission  is  reviewing  the  Electoral  Act  to  address,  among  other 
aspects,  legal  obstacles  to  accessing  funding  for  civil  society  organisations.  A  number  of 
initiatives were taken to encourage the participation of civil society organisations and human 
rights defenders in the decision-making process. 

1 

 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2023 Rule of Law Report, Ireland has made: 

•  Significant  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.  

•  Some progress on continuing 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. 

•  Fully 

implemented 

the  recommendation  on 

lobbying,  made  some  progress  on 
strengthening  the  existing  ethics  framework,  including  the  monitoring  and  enforcement 
capacity of the Standards in Public Office Commission, but not on the strengthening and 
digitalisation of the asset declarations system. 

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

•  Some further progress on taking measures to address legal obstacles related to access to 

funding for civil society organisations, as part of the reform of the Electoral Act. 

On this basis, and considering other developments that took place in the period of reference, 
it is recommended to Ireland to: 

•  Take forward the necessary legislative work 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.  

•  Further  strengthen  the  existing  ethics  framework,  including  the  monitoring  and 
enforcement capacity of the Standards in Public Office Commission, and strengthen and 
digitalise the asset declarations system. 

•  Complete the reform of the Defamation Act to improve the professional environment for 

journalists taking into account European standards on the protection of journalists. 

•  Ensure that rules or mechanisms are in place to provide funding for public service media 
that  is  appropriate  for  the  realisation  of  its  public  service  remit  while  guaranteeing  its 
independence. 

•  Further  continue  efforts  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. Moreover, the Planning and Environment Court is 
an  arm  of  the  High  Court.  The  Special  Criminal  Courts1  are  non-jury  courts  and  deal  with 
paramilitary,  subversive  and  organised  crime  cases.  Moreover,  a  number  of  specialised 
tribunals  operate  in  different  areas,  including  a  Labour  Court,  which  has  sole  appellate 
jurisdiction  in  all  disputes  under  employment  rights  enactments2.  A  Judicial  Council3  was 
established  in  2019.  While  Ireland  does  not  have  a  constitutional  court,  all  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 identification of candidates and for informing the 
Government of the suitability of those persons for appointment to judicial office. The JAAB 
will  be  replaced  by  the  Judicial  Appointments  Commission  as  provided  for  in  the  2023 

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 in 
his/her opinion, 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   The  Labour  Court  of  Ireland  is  a  tribunal  exercising  limited  functions  and  powers  of  a  judicial  nature  in 
accordance  with  the  relevant provisions  of  the  Constitution. The  Labour  Court  was  first established  under 
the Industrial Relations Act, 1946 and its structure and functions have been statutorily developed on several 
occasions to include the Workplace Relations Act 2015. This involves making non-legally binding decisions 
in  its  capacity  as  an  industrial  relations  tribunal,  and  legally  binding  decisions  in  its  function  as  the  sole 
appellate jurisdiction in all disputes through which individuals seek to assert their employment rights.  The 
appointment of independent members to the Labour Court is carried out by the Minister for Enterprise, Trade 
and Employment. In practice, the Minister must choose four ‘employer’s members’ from a list of nominees 
presented  by  the  Irish  Business  and  Employers'  Confederation  and  four  ‘worker’s  members’  from  a  list 
presented by the Irish Congress of Trade Unions. Recommendations for the position of Chairman are made 
to the Minister by the Public Appointments Service. These members then hold office for a fixed period and 
may only be removed from office by the Minister under specific conditions. The Minister must give stated 
reasons  for  the  removal  of  any  ordinary  member  and  must  have  the  consent  of  the  organisation  that 
originally nominated the member. During its decision-making process, the Labour Court has demonstrated a 
practice of submitting preliminary reference requests to the Court of Justice  of the European Union to gain 
clarification  on  points  of  EU  law  during  its  deliberations  (e.g.  Parris  v  Trinity  College  Dublin,  C-443/15, 
ECLI:EU:C:2016:897). Final decisions made by the Labour Court can be appealed to the High Court on one 
or more points of law, but not on facts (e.g. An Bord Banistíochta, Gaelscoil Moshíológ v The Labour Court 
& Aodhagán O’Suird - [2023]IEHC484 [2022/178 MCA], (Michelle Tanner v Labour Court (Trinity College 
Notice Party) 2022 N0 118JR). 

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 and 
to ensure the continuous education and training of judges. The Judicial Council is made up of the following 
members: the Chief Justice and the ordinary members of the Supreme Court, the President of the Court  of 
Appeal and the ordinary members of the Court of Appeal, the President of the High Court and the ordinary 
members of the High Court, the President of the Circuit Court and the ordinary members of the Circuit Court 
and the President of the District Court and the judges of the District Court.  

3 

 
 
Judicial  Appointments  Commission  Act,  envisaged  to  be  established  in  2024.  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  very  high  among  companies.  Overall,  72%  of  the  general 
population and 78% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20244. Among the general public, this figure has slightly decreased 
in  comparison  with  2023 (73%), as well as in  comparison  with  2020 (74%). The perceived 
judicial  independence  among  companies  has  increased  in  comparison  with  2023  (72%),  as 
well as in comparison with 2020 (76%)5. 

Significant progress has been achieved on the appointment and promotion of judges as 
the new Judicial Appointments Commission Act introduced a number of improvements, 
while  the  composition  of  the  Judicial  Appointments  Commission  remains  unchanged. 
The  2023  Rule  of  Law  Report  recommended  Ireland  to  ‘ensure  that  the  reform  of  the 
appointment  and  promotion  of  judges,  as  regards  the  composition  of  the  Judicial 
judicial 
Appointment  Commission, 
appointments’6.  On  4  July  2023,  Parliament  passed  the  Judicial  Appointments  Commission 
Bill,  which was  then sent  to  the President for signing into law. The Act,  which was signed 
into law on 8 December 2023, provides for the establishment of a new Judicial Appointments 
Commission responsible for selecting and recommending candidate judges to judicial office 
in  Ireland  and  in  EU  and  international  courts.  Under  the  new  Act,  the  Commission  will  be 
chaired  by  the  Chief  Justice  alongside  three  judges,  four  lay  members  and  the  Attorney 
General.  The  new  Commission  would,  as  a  result,  be  composed  of  four  judges  and  five 
members who do not come from the judiciary. As two judges are chosen by their peers, and 

into  account  European  standards  on 

taking 

is 

4   Figures 51 and 53, 2024 EU Justice Scoreboard, and Figures 50 and 52, 2022 EU Justice Scoreboard. The 
level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents 
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%). 

5    82% of the companies in Ireland are either fairly or very confident that their investments are protected by the 
law  and  courts  in  the  Member  State.  Only  7%  of  the  surveyed  companies  see  the  quality,  efficiency  or 
independence of justice as one of the main reasons for concern about investment protection in the country. 
Figures 55 and 56, 2024 EU Justice Scoreboard.  

6   2023 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,  paras.  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”. 

4 

 
 
the Chief Justice and the relevant court president are members ex officio, this means that out 
of  eight  voting  members  there  is  no  clear  majority  of  judges7.  The  fact  that  the  Attorney 
General  would  sit  on  the  Commission  in  an  ex  officio  non-voting  capacity  was  already 
considered a concern by stakeholders when the draft law was under discussion8. Unlike the 
previous system where the Government could also choose any other candidate9, the new Act 
requires  that  the  Government  ‘shall  only  consider  […]  those  persons  who  have  been 
recommended  by  the  [Judicial  Appointments]  Commission’10.  On  13  October  2023,  the 
President referred the Bill to the Supreme Court for consideration of its constitutionality. On 
8  December  2023,  the  Supreme  Court  ruled  that  the  new  system  for  making  judicial 
appointments  complies  with  the  Constitution11.  While  the  composition  of  the  Judicial 
Appointments Commission12 remains unchanged and is not drawn in substantial part from the 
judiciary13, this Act brings considerable improvements by reducing political influence in the 
judicial appointment procedure and therefore, significant progress has been achieved on the 
recommendation made in the previous years. 

The  system  for  processing  complaints  relating  to  alleged  judicial  misconduct  became 
fully operational. As reflected in the 2023 Rule of Law Report14, with the entry into force of 
the remaining provisions of the Judicial Council Act, complaints relating to alleged judicial 
misconduct  can  now  be  made  to  the  Registrar  to  the  Judicial  Conduct  Committee  who 
determines  whether  a  complaint  is  admissible15.  If  a  complaint  is  admitted  by  either  the 
Registrar  or  the  review  committee,  the  Judicial Conduct  Committee  follows  the  procedures 

7   2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Ireland, p.  4 and p. 4 
respectively. According to Article 9 of the Judicial Appointments Commission Act 2023, the Chief Justice, 
the President of the Court of Appeal and 2 members of the Judicial Council are members of the Commission. 
Where the Commission is performing the function of selecting and recommending persons for appointment 
to judicial office in the High Court, Circuit Court or District Court, the President of the Court concerned, and 
not  the  President  of  the  Court  of  Appeal,  shall  be  the  member  for  the  purpose  of  performance  of  that 
function. 

8    2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 4. 
9   The high degree of Government’s discretion in the system of appointment of judges could also be observed 
from comparative perspective in several indicators of the EU Justice Scoreboard. See  Figure 62, 2018 EU 
Justice  Scoreboard  as  regards  the  appointment  of  first  instance  judges,  Figure  54,  2021  EU  Justice 
Scoreboard  as  regards  the  appointment  of  Supreme  Court  judges,  and  Figure  57,  2023  EU  Justice 
Scoreboard as regards the appointment of Supreme Court President.  

10   Judicial Appointments Commission Act 2023, Section 51. 
11   Judgment of the Supreme Court of 8 December 2023,  In the matter of article 26 of the Constitution and in 
the matter of the Judicial Appointments Commission Bill 2022, [2023] IESC 34. The Judicial Appointments 
Commission  Act  2023  (Act  33  of  2023)  was  signed  into  law  by  the  President  on  8  December  2023, 
following ratification by the Supreme Court, entering into force on the same day.  

12    Concerns  were  raised  by  stakeholders  in  this  respect.  Information  provided  by  the  Bar  of  Ireland  in  the 
context of the country visit to Ireland; information provided by the Law Society of Ireland in the context of 
the country visit to Ireland. 

13   Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe,  para.  47: 
“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.”  See  also  Opinion  No.  24 
(2021) of the Consultative Council of European Judges (CCJE) to the Committee of Ministers of the Council 
of Europe, para. 20: “Decisions with respect to the career of judges must not be taken because of loyalty to 
politicians or other judges.  […] Therefore, the majority of those  who make decisions or recommendations 
should be judges.” 

14   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 5. 
15   Input from Ireland for the 2024 Rule of Law Report, p. 13. 

5 

 
 
outlined  in  relation  to  informal  resolution  or  establishes  a  Panel  of  Inquiry16.  2023  was  the 
first  full  year  in  which  complaints  relating  to  judicial  misconduct  could  be  received  by  the 
Judicial  Council,  after  the  formal  start  of  the  complaints’  regime  in  202217.  34  complaints 
were  received  from  October  2022  to  the  year-end  according  to  the  most  recent  public  data 
available18. As noted in the 2022 and 2023 Rule of Law Reports, the Parliament remains in 
charge of deciding on the removal of judges from office and retains a margin of discretion in 
that regard, which could potentially result in politicisation of the process19. 

Quality  

There was some progress on reducing the litigation costs as the report analysing models 
was finalised and is currently being reviewed, and a Civil Reform Bill is in preparation. 
The  2023  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”20. The 
high  level  of  litigation  costs  is  considered  as  a  source  of  concern21,  although  some 
stakeholders argue that the particularities of Ireland as a common law jurisdiction nuance this 
assertion22. The Government is reviewing the final report of the analysis of models to control 
litigation  costs  and  will  decide  on  the  next  steps23.  As  regards  other  reforms  to  civil 
proceedings which will impact litigation costs,  a general scheme (first step in the legislative 
procedure)  of  a  Civil  Reform  Bill  is  under  preparation,  which  will  give  effect  to  certain 
recommendations  contained  in  the  Report  of  the  Review  of  the  Administration  of  Civil 
Justice24.  As  the  Government  is  reviewing  a  report  on  how  to  reduce  litigation  costs,  as  a 
basis for further initiatives, and as a Bill is being prepared to address litigation costs in civil 
proceedings, some progress has been made on the recommendation in the 2023 Rule of Law 
Report.  

A general review of the Civil Legal Aid scheme is underway and the Justice Committee 
has reported on the Criminal Justice Legal Aid Bill 2023.  In June 2022, the Minister of 
Justice appointed an Independent Review Group to undertake a comprehensive review of the 
Civil  Legal  Aid Scheme. Stakeholders  continue to raise  concerns that the current  system  is 
too prohibitive and a barrier to access to justice for the most vulnerable sectors of society25. A 
“Public Consultation on the Review of the Civil Legal Aid Scheme” concluded in February 

16   Ibidem. 
17   Input from Ireland for the 2024 Rule of Law Report, p. 13.  
18   2022 Annual Report of the Judicial Conduct Committee, p. 39. 
19   2023 and 2022 Rule of Law Reports, Country Chapter on the rule of law situation in Ireland, p. 5 and p. 5, 

respectively. 

20   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
21   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 5; Contribution from 
The  Irish  Environmental  Network  for  the  2024  Rule  of  Law  Report,  p.  15;  Information  received  in  the 
context of the country visit to Ireland from ISME. 

22   Contribution from the Bar of Ireland for the 2024 Rule of Law Report, pp. 18-19; Information received in 

the context of the country visit to Ireland from the Law Society. 

23   Input from Ireland for the 2024 Rule of Law  Report,  p. 9.  On 7 February 2024 the Department of Justice 
published  the  Indecon  report  entitled  “Multi-Criteria  Impact  Evaluation  of  Options  for  the  Control  of 
Litigation Costs”. 

24   Input from Ireland for the 2024 Rule of Law Report, p. 9. 
25   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 5. Contribution from 
the  Irish  Environmental  Network  for  the  2024  Rule  of  Law  Report,  p.  15;  Contribution  from  the  Bar  of 
Ireland for the 2024 Rule of Law Report, p. 9. 

6 

 
 
202326.  The  responses  will  inform  the  work  of  the  Civil  Legal  Aid  Review  Group  and  a 
report on this matter is awaited in 2024. Regarding legal aid in criminal matters, the General 
Scheme  of  Criminal  Justice  Legal  Aid  Bill  202327  was  published  in  July  2023.  It  aims  to 
extend  legal  advice  services  for  victims.  At  the  same  time,  it  increases  controls  by  the 
introduction  of  an  offence  where  false  statements  or  incomplete  information  are  provided 
when filing an application for legal aid28. The Joint Committee on Justice published its report 
on the Pre-Legislative Scrutiny of the General Scheme of the bill in December 2023, which 
will help prepare the draft legislation to be presented to Parliament29. 

Additional  judges  have  been  appointed  following  the  publication  of  the  report  of  the 
Judicial  Planning  Working  Group,  while  the  issue  of  establishing  an  appropriate 
structure to discuss questions concerning constitutional safeguards for the judiciary in 
connection with  employment conditions  has  not been addressed.  According to  the 2024 
EU  Justice  Scoreboard,  Ireland  remains  the  EU  Member  State  with  the  lowest  number  of 
judges  per  inhabitant30.  Stakeholder  concerns  persist  that  any  expansion  in  jurisdiction 
proposed  under  the  Family  Courts  Bill  2022  will  overwhelm  the  District  Courts  and 
compromise  access  to  justice31.  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,  and  also  with  a  view  to  the  longer  term32.  Following  the 
publication  of  the  Judicial  Planning  Working  Group  Report  in  February  2023,  the 
Government took note of its recommendations on judicial resources and at the beginning of 
2023 approved the appointment of an additional 24 judges, which represents a 14% increase 
in  the  number  of  judges  in  the  Irish  legal  system33.  The  Report  also  recommended  the 
appointment  of  a  further  20  judges  before  the  end  of  202434.  Following  the  launch  of  the 
Judicial  Planning  Working  Group  Report,  and  in  cooperation  with  the  court  presidents,  the 
Chief  Justice  established  a  Judicial  Implementation  Group  tasked  with  demonstrating 
improved outcomes brought about by the appointment of new judges35. As noted in the 2023 
Rule of Law Report, the Judicial Planning Working Group Report has not addressed the issue 
of  establishing  an  appropriate  structure  to  discuss  questions  concerning  constitutional 
safeguards for the judiciary in  connection with  employment conditions, which is  a pending 
recommendation  by  the  Group  of  States  against  Corruption  (GRECO)36.  According  to 

26  Civil Liberties Union for Europe (2024), Liberties Rule of Law Report 2024  – Ireland, p. 11; Contribution 

from the Supreme Court of Ireland for the 2024 Rule of Law Report, p. 15. 

27   General Scheme of the Criminal Justice (Legal Aid) Bill 2023. 
28   Contribution from the Supreme Court of Ireland for the 2024 Rule of Law Report, p. 15. 
29   Houses of the Oireachtas 2023, Report on Pre-Legislative Scrutiny of the General Scheme of the Criminal 

Justice (Legal Aid) Bill 2023. 

30   Figure 37, 2024 EU Justice Scoreboard. 
31   Contribution from the Bar of Ireland for the 2024 Rule of Law  Report, p. 9. The Department of Justice is 
continuing to engage with stakeholders on issues raised on the Family Courts Bill, and is working to address 
them  as  the  Bill  proceeds,  and  will  undertake  extensive  preparatory  work  in  advance  of  the  legislation 
coming  into  force  to  make  sure  the  Family  Courts  will  work  effectively  (written  contribution  from  the 
Department of Justice in the context of the country visit to Ireland). 

32   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 6. 
33   Input from Ireland for the 2024 Rule of Law Report, p. 17. 
34   Department of Justice 2023, Report of the Judicial Planning Working Group, p. 81. 
35   Contribution from the Supreme Court of Ireland for the 2024 Rule of Law Report, p. 16. 
36   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 

7 

 
 
 
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 courts37.  

The  Government  and  the  Courts  Service  are  working  on  the  improvement  of  the 
digitalisation  of  justice,  including  e-litigation.  According  to  the  2024  EU  Justice 
Scoreboard, despite progress, there is still room for improvement as regards the digitalisation 
of justice38. The Implementation Plan arising from the Review of the Administration of Civil 
Justice39,  published  in  May  2022,  sets  out  the  approach  and  timescales  for  the  use  of  e-
litigation technology to capture case management information and case flow data. Following 
a  ten-year  modernisation  programme40,  which  aims  to  better  support  access  to  justice, 
concrete  improvements  have  been  delivered,  including  an  increase  of  technology  enabled 
courtrooms,  support  for  remote  attendance  at  hearings  and  fully  remote  hearings,  digital 
evidence display, and digital audio recordings of proceedings41. The ICT Strategy 2021-2024 
and the Data Strategy 2021-2024 foresee the adoption of a unified case management system 
and of a unified data model as initiatives to be implemented incrementally and as part of the 
10-year modernisation programme42. The Unified Case Management System (UCMS) for the 
High Court went live in October 202343. The Government has also committed to apply this 
technology platform to other jurisdictions over subsequent years.  

Follow  up  by  Government  to  implement  the  recommendations  on  repealing  the 
Offences  Against  the  State  Acts  is  pending.  As  mentioned  in  the  2023  Rule  of  Law 
report44, on 21 June 2023, the Group to review the Offences Against the State Acts published 
its final report45. The Offences Against the State Acts contain certain provisions that provide 
for  operation  of  the  Special  Criminal  Court.    Each  year  a  resolution  must  be  passed  by 
Parliament  resolving  that  those  provisions  should  continue  in  operation  for  a  further  12 
months. The majority opinion of the Group recommended to repeal the Offences Against the 
State  Acts  in  their  entirety,  while  keeping  some  elements  in  replacement  legislation, 
including  the  establishment  of  a  new  non-jury  court  instead  of  the  Special  Criminal  Court. 
The Government  has so far not  announced a timeline to  consider these recommendations46. 
The United Nations and civil society have called47 for the immediate abolition of the Special 

2022  (GRECO  Fourth  Evaluation  Round  –  Second  Compliance  Report  for  Ireland,  para.  21-26),  GRECO 
concluded  that  the  recommendation  remained  to  be  implemented.  In  the  Addendum  to  the  Second 
Compliance Report for Ireland, published in January 2024, para. 24 to 29, GRECO welcomes the progress 
made with respect to this recommendation, notably that the report of the Judicial Planning Working Group 
was  completed  and  a  High-Level  Steering  Group  looking  into  the  implementation  was  established  but 
underlines that many questions still remain open and concludes that the recommendation has been partially 
implemented. 

37   CCJE Opinion No. 23 (2020) The role of associations of judges in supporting judicial independence. 
38   Figures 42 to 50, 2024 EU Justice Scoreboard. 
39   Department of Justice 2022, Implementation Plan on Civil Justice Efficiencies and Reform Measures. 
40   The Courts Service Long-Term Strategic Vision to 2030: Supporting Access to Justice in a modern, digital 

Ireland. 

41   Input from Ireland for the 2024 Rule of Law Report, p. 23. 
42   Ibidem. 
43   Input from Ireland for the 2024 Rule of Law Report, p. 24. 
44   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 7. 
45   Department of Justice 2023, Offences Against the State Act - Independent Review Group’s Reports. 
46   Civil Liberties Union for Europe (2024), Liberties Rule of Law Report 2024 – Ireland, p. 10. 
47    UN  Human  Rights  Committee  (2014),  Concluding  observations  on  the  fourth  periodic  report  of  Ireland; 
IHREC 2022, Annual Report 2021, p. 33; Civil Liberties Union for Europe (2024), Liberties Rule of Law 
Report 2024 – Ireland, p. 8. 

8 

 
 
Criminal Court48 or, alternatively, to strengthen the procedure of the Court to ensure respect 
of the right to fair trial49. 

Efficiency 

Concerns remain with regard to the length of proceedings and that no specific system to 
regularly  evaluate  the  court  performance  based  on  defined  indicators  has  been 
established. According to data on annual reports from the Courts Service, the average length 
of  civil  proceedings  in  the  High  Court  in  2022  was  871  days,  an  increase  of  74  days  in 
comparison  with  202150.  The  average  length  of  proceedings  for  criminal  cases  increased  in 
2022 in some instances51. The length of proceedings at the Court of Appeal remained stable 
for  civil  cases  (from  529  days  in  2021  to  527  days  in  2022),  while  it  has  increased  for 
criminal  cases (from 420 days in  2021 to  461 days in  2022)52. While the average length of 
proceedings  in  applications  for  leave  to  appeal  in  the  Supreme  Court  decreased  from  161 
days in 2021 to 126 days in 2022, the average length of appeal proceedings in the Supreme 
Court has increased significantly (441 days)53. The 2024 EU Justice Scoreboard shows that in 
2022 the clearance  rate  for non-criminal cases was  84%, the lowest  in  the EU54.  In  Ireland 
there  is  no  system  to  regularly  evaluate  the  court  performance  based  on  defined  indicators 
and  changes  to  Rules  of  Court  have  been  implemented  to  encourage  compliance  with  time 
limits55.  According  to  authorities,  the  collected  court  data  are  being  used  for  court 
management purposes,  while the 2023  OECD study  showed room for improvement56. Data 
on  the  length  of  proceedings  is  still  not  systematically  recorded  in  conformity  with  the 
methodology  of  the  Council  of  Europe  and  the European  Commission  for  the  efficiency  of 
justice57.  The  report  of  the  Judicial  Planning  Working  Group  has  recommended  that  the 
Courts  Service  needs  to  adopt,  as  a  priority,  a  comprehensive  system  to  collect  data  and 
monitor performance measures58. The Courts Service is following up on the actions aimed at 
improving the data that is made available on court activities and court proceedings59.   

A  law  providing  for  a  compensation  scheme  for  cases  of  excessive  length  of  court 
proceedings has been adopted. This law which creates a statutory right to the conclusion of 
court  proceedings  within  a  reasonable  time  was  enacted  on  1  May  202460.  As  noted  in  the 
2022  and  2023  Rule  of  Law  Reports61,  legislation  establishing  a  statutory  right  to  the 
conclusion of proceedings within a reasonable time and where appropriate, compensation, is a 
long-pending  requirement  from  a  2010  European  Court  of  Human  Rights  (‘ECtHR’) 

48   The Court was established in 1972 to deal with terrorism and organised crime cases. 
49   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 7. 
50   Courts Service, 2023. Annual Report 2022, p. 110. 
51   Ibidem, p. 110. 
52   Ibidem, p. 111. 
53   Ibidem, p. 111. 
54   Figure 10, 2024 EU Justice Scoreboard. 
55   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8. 
56  This limited use does not allow having the necessary data for the effective handling of resources and staff 
allocation.  OECD  (2023),  Modernising  Staffing  and  Court  Management  Practices  in  Ireland:  Towards  a 
More Responsive and Resilient Justice System, p. 210. 

57   CEPEJ data feed the EU Justice Scoreboard. 
58   Department of Justice 2023, Report of the Judicial Planning Working Group. 
59   Information received in the context of the country visit to Ireland from the Courts Service. 
60   Court Proceedings (Delays) Act 2024. 
61   2022 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8; 2023 Rule of Law 

Report, Country Chapter on the rule of law situation in Ireland, p. 8. 

9 

 
 
 
judgment62. The Court (Proceedings) Delays Act 2024 provides for a declaration and, where 
appropriate,  compensation  in  cases  where  people  experience  undue  delays  in  the  justice 
system.  It  provides  for  the  establishment  of  an  independent  assessment  process,  under  the 
aegis of the Department of Justice, to assess claims for breach of the right to the conclusion 
of proceedings within a  reasonable time. The national authorities are now working  towards 
the  implementation  of  the  assessment  mechanism  provided  for  under  the  Act,  and  the 
commencement  of  the  legislation.  It  is  anticipated  that  the Act  will  become  operational  by 
202563. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The responsibility to fight and prevent corruption in Ireland falls under the control of several 
public authorities. The national police (An Garda Síochána), specifically, the Garda National 
Economic Crime Bureau (GNECB)64, investigates and prevents 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  (GSOC)  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) 
retains both investigative and enforcement powers, and it carries out its functions under the 
framework of the Companies Act 201465. The authority to prosecute lies with the Office of 
the  Director  of  Public  Prosecutions  (ODPP)66.  The  Standards  in  Public  Office  Commission 
(SIPO) continues to oversee the integrity framework for public officials including conflict of 
interests, lobbying and party financing where it also provides advice to office holders67. The 
permanent Advisory Council against Economic Crime and Corruption coordinates and leads 
the delivery of a whole-of-government approach to economic crime and corruption, and acts 
as a “centre of excellence” for research and analysis, awareness-raising and training68. 

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  2023 
Corruption Perceptions Index by Transparency International, Ireland scores 77/100 and ranks 

62   Judgment of the Grand Chamber of the European Court of Human Rights of 10 September 2010, McFarlane 

v. Ireland, 31333/06. 

63   Written contribution from the Government in the context of the country visit to Ireland. 
64   Specialist  bureau  that  investigates  fraud-related  crime  involving  complex  issues  of  criminal  law  or 

procedure. 

65   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. 

66   Within  the  ODPP,  a  new Anti-corruption  Unit  has  been  formalised  in  the  Directing  Division  to  deal  with 
Garda corruption cases, while cases involving a foreign component will remain under the remit of the SFU. 
67   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. 

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

James Hamilton. 

10 

 
 
7th  in  the  European  Union  and  11th  globally69.  This  perception  has  been  relatively  stable 
over the past five years70. The 2024 Special Eurobarometer on Corruption shows that 57% of 
respondents consider corruption widespread in their country (EU average 68%) and 18% of 
respondents feel personally affected by corruption in their daily lives (EU average 27%)71. As 
regards  businesses,  33%  of  companies  consider  that  corruption  is  widespread  (EU  average 
65%)  and  9%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average 
36%)72. Furthermore, 30% of respondents find that there are enough successful prosecutions 
to deter people from corrupt practices (EU average 32%)73, while 25% of companies believe 
that people and businesses caught for bribing a senior official are appropriately punished (EU 
average 31%)74. 

The permanent Advisory Council against Economic Crime and Corruption is working 
on a multi-annual strategy to tackle corruption, despite delays. After being established in 
May  2022,  the  permanent  Advisory  Council  against  Economic  Crime  and  Corruption  has 
started  working  on  a  multi-annual  National  Strategy  to  Combat  Economic  Crime  and 
Corruption and on an accompanying action plan in early 202375. As reported last year76, the 
Council is composed of a chairman and 19 members from the business and financial sector, 
academia and civil society77. It is supported by a secretariat from the Ministry of Justice. In 
October 2023, the Advisory Council launched an online public consultation to gather public 
input for the Strategy to combat economic crime and corruption78. Overall delays around the 
Strategy have been already reported in previous years79. According to the current timeline, a 

69   Transparency  International,  Corruption  Perceptions  Index  2023  (2024),  pp.  2-3.  The  level  of  perceived 
corruption is categorised as  follows: low (the perception among experts and business executives of public 
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 
59-50), high (scores below 50). 

70   In 2019 the score was 74, while, in 2023, the score is 77. The score significantly increased/decreased when it 
changes  more  than  five  points;  improved/deteriorated  (changes  between  4-5  points);  has  been  relatively 
stable (changes from 1-3 points) in the last five years. 

71   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

72   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year. The  previous  data  set  is  the  Flash 
Eurobarometer 524 (2023). 

73   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
74   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
75   Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  33.  The  establishment  of  an  Advisory  Council 
against Economic Crime and Corruption was one of the recommendations made in the Review of Structures 
and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption, published in December 
2020 (the so-called “Hamilton Review”). 

76   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 9-10. 
77   Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  30.  More  specifically,  13  members  represent  the 
relevant government departments, enforcement, and regulatory agencies from across the public sector. The 
remaining six ordinary members represent the business and financial sector, academia, and civil society. One 
civil society representative member resigned, and  a new member was appointed in June 2024. Information 
received in the context of the country visit to Ireland from the Department of Justice. 

78   Press  release  Department  of  Justice,  Minister  McEntee  launches  online  public  survey  to  inform  cross-

sectoral strategy to combat economic crime and corruption, Published on 16 October 2023.  

79   2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 9-10; 2022 Rule of 
Law  Report,  Country Chapter on the rule of law  situation in Ireland, pp. 9-10; 2021 Rule of Law  Report, 
Country Chapter on the rule of law situation in Ireland, p. 10. The Hamilton review – published in December 
2020 – recommended the development and approval of a multi-annual strategy and an accompanying action 
plan by Q1 2022. The drafting was then delayed to 2023. 

11 

 
 
first  draft  should  be  finalised  by  the  end  of  202480.  The  draft  strategy  would  then  be 
submitted  for  approval  to  the  Government.  The  Advisory  Council  has  constituted  five 
working groups tasked with researching and drafting working papers, which might constitute 
the  final  basis  for  the  Strategy  and  Action  Plan81.  However,  civil  society  organisations 
focusing  on  anti-corruption  expressed  concerns  that  they  had  not  been  comprehensively  or 
formally involved in the drafting process82.  

The  lack  of  resources  and  specialisation  remains  a  challenge  in  investigating  and 
prosecuting  corruption  cases.  The  investigation  of  corruption  offences  is  a  shared  task 
within the national police, including the GNECB and its specialised ABCU. As of February 
2024, the Garda personnel for GNECB consists of 92 agents83, of which 16 are Garda Staff84. 
The  current  capacity  of  the  GNECB  is  still  below  the  planned  staffing.  A  recruitment 
competition was held in 2023 and seven sergeants were allocated to the service85. Moreover, 
among the 60 Gardai successful in the competition, as of February 2024, only five have been 
allocated to the GNECB86. In order to provide the police with a higher level of specialisation, 
five forensic accountants have been allocated to the Garda Organisation, which is considered 
insufficient  by  the  police87.  As  already  reported  in  previous  years88,  issues  regarding  the 
available resources to effectively investigate corruption cases remain89. Since 2022, the total 

80   Information received in the context of the country visit to Ireland from the Advisory Council and from the 
Department of Justice. Written contribution from the Department of Justice in the context of the country visit 
to Ireland. 

81   Information received in the context of the country visit to Ireland from the Advisory Council and from the 
Department of Justice. The working groups are focused on five pillars, namely Enhancing transparency and 
accountability;  Tackling  illicit  financial  flows  and  responding  to  technological  challenges;  Meeting 
international  standards  and  enhancing  cooperation;  Raising  awareness,  education  and  capacity  building; 
Information Sharing. It is important to note that these pillars are considered as a starting point in developing 
the Strategy, however they might be subject to changes.  

82   Information received in the context of the country visit to Ireland from the Irish Council for Civil Liberties. 
Contribution  from  Transparency  International  for  the  2024  Rule  of  Law  Report,  p.  14.  Civil  society 
organisations who do not have considerable resources and staff capacity find it difficult to actively engage in 
discussions. For this reason, civil society calls for a higher level of publicity and active involvement in the 
consultation processes of relevant reforms or strategies. According to Transparency International, since the 
Department of Justice announced and advertised a vacancy for civil society representation in March 2023, 
no  update  has  been  shared  publicly.  However,  the  Department  of  Justice  reported  that  a  member  of  civil 
society was appointed to the Advisory Council in June 2024 and is involved in the drafting of the strategy as 
of July 2024. See also 2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 
10. 

83   The  number  includes  one  Chief  Superintendent,  two  Superintendents,  one  inspector,  16  sergeants,  and  72 
Garda. Compared to 2022, the total number increased of six, as the staff numbers as at 31/12/2022 was 91. 
Input from Ireland for the 2024 Rule of Law Report, pp. 27-28.  

84   The  number  includes  two  Forensic Accountants,  two  analysts,  three  Executive  Officers,  and  four  Clerical 
Officers.  Compared  to  2022,  the  total  number  decreased,  as  the  staff  numbers  as  at  31/12/2022  was  17. 
Written contribution from the Department of Justice in the context of the country visit to Ireland. 

85   In 2023, 580 Gardai left the Garda police and 388 were recruited. The issue was already underlined in the 

2023 Rule of Law Report, p. 11.  

86   Information received in the context of the country visit to Ireland from the police. The GNECB expects the 

remaining successful candidates to fill the vacant posts progressively in the upcoming 24 months.  

87   Information received in the context of the country visit to Ireland from the police. According to the police, 
the  overall  number  of  forensic  accountants  needs  to  be  significantly  increased,  both  at  national  and  local 
level to Divisions/Regions. The current allocation of five accountants aims to cover all the police services, 
not only the anticorruption unit. 

88   2023, 2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 11, p. 

12, and p. 11 respectively. 

89   Information received in the context of the country visit to Ireland from the police. 

12 

 
 
number of police staff available to investigate corruption offences has decreased, despite the 
recommendation  under  the  Hamilton  Review90  to  ensure  adequate  resources  to  GNECB91. 
Currently,  one  sergeant  and  four  Gardai  are  attached  to  the  ABCU.  This  allocation  is 
considered insufficient by the police to conduct complex investigations in a timely manner92. 
The prosecution of corruption offences remains under the remit of the Office of the Director 
of Public Prosecutions (ODPP) and its Special Financial Crime Unit (SFU), that deals with 
cases of high complexity93. The SFU is currently staffed with nine prosecutors94. Within the 
ODPP, a new Anti-corruption Unit has been formalised in the Directing Division to deal with 
Garda  corruption  cases,  while  cases  involving  a  foreign  component  will  remain  under  the 
remit of the SFU95. Among the main challenges the prosecution has been facing in the past 
years96, it underlines a lack of suitable digital platforms and adequate resources to deal with 
increasing  volumes  of  digital  data,  as  well  as  lack  of  access  to  forensic  accountants  and 
specialisation in dealing with financial crimes97.  

Cooperation  within  police  services  and  between  prosecution  and  police  continues 
smoothly.  The Economic Crime  Forum of senior representatives meets  regularly  to  discuss 
improvements  and  reports  to  the  Advisory  Council,  with  the  aim  to  facilitate  greater  inter-
agency coordination, collaboration and information sharing98. The Economic Crime Forum is 
currently  implementing  the  actions  under  the  2021  implementation  plan  of  the  Hamilton 
Review99, including those in relation to information sharing100. The Economic Crime Forum 

90   Department  of  Justice  (2020),  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise 

Economic Crime and Corruption, published in December 2020 (the so-called “Hamilton Review”). 

91   See Recommendation n. 4 under the Hamilton Review. GNECB detective staff was reduced by 28% since 
2022,  and  by  66%  of  clerical  officers,  who  are  normally  tasked  with  assisting  detectives  with  general 
administration, covering typing, scanning, photocopying, data imputing, correspondence, overall supporting 
their work. Information received in the context of the country visit to Ireland from the police. 

92   Information  received  in  the  context  of  the  country  visit  to  Ireland  from  the  police.  GNECB  intends  to 
allocate additional staff to the ABCU to face increasing challenges in investigating corruption cases, should 
additional resources become available in the future. 

93   2022 Rule of Law  Report,  Country Chapter on the rule of law situation in Ireland, pp. 11-12. Information 
received in the context of the country visit to Ireland from the Office of the Director of Public Prosecutions. 
The unit is undergoing a structural reorganisation, which will lead to the establishment of three sub-groups 
dedicated to assets and confiscations, corporate crimes and serious fraud. The staff of the Special Financial 
Unit  has  been  increased  from  three  to  seven  since  the  2022  Rule  of  Law  Report.  Within  the  Directing 
Division  of  the  SFU,  an  anti-corruption  unit  has  been  formally  established  tasked  with  handling  Garda 
corruption  cases.  The  Directing  Division  consists  of  prosecutors  who  examine  criminal  investigation  files 
and  decide  whether  or  not  to  take  a  prosecution,  and  whether  a  prosecution  commenced  by  An  Garda 
Síochána should be maintained. 

94   Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  30.  Information  received  in  the  context  of  the 

country visit to Ireland from the Office of the Director of Public Prosecutions Office.  

95   Input from Ireland for the 2024 Rule of Law Report, p. 30. 
96   The  issues  were  already  underlined  in  the  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 

situation in Ireland, p. 11. 

97   Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  48.  Information  received  in  the  context  of  the 

country visit to Ireland from the Office of the Director of Public Prosecutions Office.  

98   Written  contribution  from  the  Department  of  Justice  in  the  context  of  the  country  visit  to  Ireland.  The 
Economic Crime Forum was established in June 2021 and meets on a quarterly basis. It is made up of senior 
representatives from the Corporate Enforcement Authority, An Garda Síochána, the Central Bank of Ireland, 
the  Office  of  the  Director  of  Public  Prosecutions,  Revenue,  the  Competition  and  Consumer  Protection 
Commission, the Department Social Protection and the Standards in Public Office Commission. The Office 
of the Director of Public Prosecutions is the current Forum chair. The Forum held the Q1 2024 meeting on 
13 February 2024.  

99   Department  of  Justice  (2021),  Hamilton  Review  Group  Implementation  Plan. An  Implementation  Plan  to 

implement the recommendations was published in April 2021. 

13 

 
 
 
is also further developing training for investigators of economic crime and corruption and has 
identified specific trainings that the national police may be able to provide. However, given 
the  current  difficulties  related  to  the  lack  of  resources,  the  police  are  expected  to  face 
increasing  challenges  in  delivering  and  maintaining  such  trainings101.  Cooperation  between 
the Corporate Enforcement Authority (CEA) and the Garda Síochána is established through a 
Memorandum  of  Understanding  and  is  reported  to  continue  to  work  well102.  On  the 
cooperation with the EPPO, preparatory work concerning the working arrangement between 
the EPPO and the competent authorities of Ireland is ongoing103. Ireland does not participate 
in the EPPO, but recently adopted legislative amendments to allow its competent authorities 
to  cooperate with  the EPPO104. In 2023, the  Ministry of Justice established  an inter-agency 
group  to  explore  the  implications  of  Ireland  joining  the  EPPO105.  The  Government  has 
approved the drafting of legislation to allow Ireland to join the EPPO but there is no formal 
Government decision for now, until the detailed preparatory work required is completed106. 

Recent  legislative  changes  are  expected  to  support  future  investigations  into  foreign 
bribery, despite remaining challenges in investigations. In November 2023, the Criminal 
Justice  (Miscellaneous  Provisions)  Act  was  enacted  amending  section  12  of  the  Criminal 
Justice (Corruption Offences) Act 2018107. This amendment removed the requirement for an 
act of corruption to be an offence under the law of the specific place where it was perpetrated. 
According  to  the  police,  this  change  will  significantly  assist  prosecutions  of  foreign 
corruption in the future108. The ABCU reiterates the difficulty in investigating foreign bribery 
because  of  lack  of  cooperation  with  third  countries  through  mutual  legal  assistance109.  The 
gathering  of  evidence  in  third  countries,  which  would  be  considered  admissible  in  Irish 
courts,  remains  difficult110.  As  of  March  2024,  the  ABCU  is  working  on  twelve  ongoing 
corruption  investigations,  out  of  which  four  concern  foreign  bribery  of  foreign  public 
officials111.  Additionally,  one  foreign  bribery  investigation  remains  under  assessment  for 

100  Information received in the context of the country visit to Ireland from the Department of Justice. 
101  Information received in the context of the country visit to Ireland from the GNECB. 
102  CEA (2022), Memorandum of Understanding between the Director of Corporate Enforcement and An Garda 

Síochána.  

103  Input from Ireland for the 2024 Rule of Law Report, p. 30. 
104  Criminal  Justice  (Miscellaneous  Provisions)  Act  2023.  The  cooperation  provided  for  by  the  legislation 
consists of mutual assistance  for gathering evidence and  freezing of assets;  Ireland does not recognise the 
EPPO as a competent authority for the European Arrest Warrant Framework Decision; contribution from the 
EPPO  for  the  2024  Rule  of Law  Report.  In 2023,  Ireland  was  involved  in  3  EPPO  cases;  it  is  not  known 
whether these concerned corruption. EPPO (2024), 2023 Annual Report, p. 109. 

105  Input from Ireland for the 2024 Rule of Law Report, p. 31.  
106  Information received in the context of the country visit to Ireland from the Department of Justice. 
107  The OECD Working Group on Bribery (WGB) carried out a Phase 1bis evaluation of Ireland in March 2019. 
This  evaluation  assessed  whether  the  Criminal  Justice  (Corruption  Offences)  Act  2018  implemented  a 
number  of  recommendations  of  the  OECD’s  Convention  on  Combating  the  Bribery  of  Foreign  Public 
Officials  in  International  Business Transactions.  While  the WGB  recognised  the  high  level  of  cooperation 
throughout  the  Phase  1bis  process,  they  also  identified  some  issues  that  will  be  revisited  in  the  Phase  4 
evaluation to ensure that pursuant to the statutory provisions, cases of the bribery of foreign public officials 
are investigated and prosecuted effectively and in accordance with the convention. The Phase 4 evaluation 
visit to Ireland is scheduled to take place in late 2025.  

108  Information received in the context of the country visit to Ireland from the GNECB. 
109  Information received in the context of the country visit to Ireland from the Anti-Bribery & Corruption Unit.  
110  Ibidem. In order to raise awareness on roles and responsibilities among companies’ staff against bribery, the 

ABCU is committed to delivering presentations at training seminars. 

111  Information received in the context of the country visit to Ireland from the Anti-Bribery & Corruption Unit. 

14 

 
 
 
criminal offences112. Between October and December 2023, the office closed three cases due 
to prosecutions in other jurisdictions and/or insufficient evidence113.  

A  new  law  was  adopted  to  strengthen  integrity  and  to  enhance  accountability  of  the 
police, and measures have been taken to promote a culture of integrity and  awareness 
raising  to  prevent  corruption  within  the  national  police.  The  Policing,  Security  and 
Community Safety Act was adopted on 7 February 2024114. Following the recommendations 
made by the Commission on the Future of Policing in Ireland (CoFPI), the law provides for 
the establishment of a new Policing and Community Safety Authority which will merge the 
functions  of  the  Policing  Authority  and  the  inspection  function  of  the  Garda  Síochána 
Inspectorate115. In addition, it establishes a new Office of the Police Ombudsman, which will 
strengthen  the  mandate  of  the  existing  Garda  Síochána  Ombudsman  Commission  (GSOC). 
Civil  society  organisations  welcome  these  changes,  aiming  at  enhancing  the  governance, 
oversight, and accountability of the national police service116. The anti-corruption unit of the 
national police, the GACU, is tasked with investigating and preventing corruption within the 
police117.  The  GACU  is  following  up  on  the  recommendations  of  the  Garda  Síochána 
Inspectorate Report to better develop internal anti-corruption policies118. In order to promote 
a culture of integrity, the GACU delivers a learning programme, a dedicated evidence based 
newsletter119,  and  issues  briefings  to  Garda  personnel  raising  awareness  of  the  role  of  the 
GACU120.  

112  In  2021,  the  unit  had  nine  ongoing  corruption  investigations,  out  of  which  three  investigations  concerned 
foreign  bribery  of  foreign  public  officials.  2021  Rule  of  Law  report,  Country  Chapter  on  the  rule  of  law 
situation in Ireland, p. 11. 

113  Information received in the context of the country visit to Ireland from the Anti-Bribery & Corruption Unit. 
114  Houses of the Oireachtas (2024), Policing, Security and Community Safety Act 2023, Act 1 of 2024. 
115  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Ireland,  p.  10.  Department  of 
Justice  (2022),  Press  release:  Landmark  Policing,  Security  and  Community  Safety  Bill  marks  a  new 
departure for policing in Ireland. 

116  Contribution  from  Transparency  International  for  the  2024  Rule  of  Law  report,  p.  14.  The  Bill  includes 

explicit provision for the Garda Commissioner’s independence and the creation of a high-level Board. 

117  Information received in the context of the country visit to Ireland from the Department of Justice. The total 
number of Garda Personnel attached to the GACU is currently 33 (28 Sworn Members, five Garda Staff). 
118  This  is  aimed  to  increase  resources  on  investigative  capacity,  on  training  and  education,  as  well  as  to 
enhance  trust  among  police  officers  in  addressing  potential  misconducts.  Department  of  Justice  (2022), 
Garda Síochána Inspectorate Report ‘Countering the Threat of Internal Corruption’: Implementation Plan - 
September 2022. 2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 12. 
119  Alongside the Garda Ethics & Cultural Bureau, the GACU distributes a quarterly evidence based “Learning 
the Lessons” newsletter to the Garda organisation, which provides a summary of criminal and disciplinary 
investigations  in  respect  of  Garda  personnel  (both  Members  and  Garda  Staff),  which  aims  to  create 
awareness  across  the  organisation  of  the  consequences  of  non-adherence  to  policy  or  not  upholding  the 
standards  of  the  Code  of  Ethics.  The  focus  is  on  improving  policing  practice  and  enhancing  professional 
conduct and ethical behaviour. Each edition focus on a particular theme; four editions were published during 
2023  addressing  the  following  topics:  Inappropriate  Use  of  Garda  Systems, Abuse  of Authority,  Criminal 
Conduct  and  the  Garda  Síochána  Acceptance  of  Gifts,  Hospitality  and  Sponsorship  Policy.  Input  from 
Ireland for the 2024 Rule of Law Report, p. 50. 

120  Information received in the context of the country visit to Ireland from the GACU. The learning programme 
is  delivered  to  Garda  personnel  including  new  Garda  recruits,  personnel  attending  promotion  courses, 
personnel attending specialist training and to Senior Garda Managers. Face-to-face briefings were delivered 
by the GACU to over 600 Garda Personnel during 2023. As of January 2024, 14 590 Garda Personnel have 
completed three Compulsory Garda Education & Training System Anti-Corruption Learning Modules. Input 
from Ireland for the 2024 Rule of Law Report, p. 46.  

15 

 
 
 
Some preparatory steps have been taken to strengthen the ethics framework. The 2023 
Rule of Law Report recommended to Ireland to “strengthen and digitalise the existing ethics 
framework,  including  the  monitoring  and  enforcement  capacity  of  the  Standards  in  Public 
Office Commission”121. On 7 February 2023, Ireland presented a review study of the existing 
statutory  framework  for  Ethics  in  Public  Office122.  Following  the  review,  the  Government 
tasked  the  relevant  departments  to  draft  a  legislative  concept,  which  is  expected  to  be 
submitted  to  the  Government  in  Q3  2024  for  approval123.  Once  the  legislative  concept  is 
approved, the drafting of actual legislation would start and build upon the policy framework 
developed for the 2015 Public Sector Standards Bill124. The main points to be covered under 
the legislative concept  are expected to  include strengthening the legal obligations on public 
officials to disclose actual and potential conflicts of interest, and strengthening the power of 
the  Standards  in  Public Office  Commission  (SIPO)125.  However,  civil  society  organisations 
called  for  urgent  action  in  order  to  ensure  that  the  legislation  is  adopted  before  the  next 
general  election  at  the  beginning  of  2025126.  In  light  of  calls  for  reforms  stressed  by 
GRECO127 and previous Rule of Law reports128, as well as by civil society organisations129, 
some  preparatory  steps  have  been  taken  to  strengthen  the  existing  ethics  framework130. 
Therefore,  there  has  been  some  progress  on  the  implementation  of  this  part  of  the 
recommendation made in the previous years. 

There has been no progress in the strengthening and digitalisation of asset declarations. 
The  2023  Rule  of  Law  Report  recommended  to  Ireland  to  “strengthen  and  digitalise  the 
existing  ethics  framework,  on  asset  declarations  […]”131.  Rules  on  asset  and  interest 
declarations  apply  to  public  office  holders132,  members  of  Parliament133  and  civil  servants 

121  2023 Rule of Law report, Country Chapter on the rule of law situation in Ireland, p. 2. In the 2023 Rule of 

Law Report, the Commission concluded that some progress was made on the recommendation. 

122  2023 Rule of Law report, Country Chapter on the rule of law situation in Ireland, pp. 12-13. 
123  Information  received  in  the  context  of  the  country  visit  to  Ireland  from  the  Department  of  Public 
Expenditure NDP Delivery and Reform. Written contribution from the Department of Justice in the context 
of the country visit to Ireland. 

124  Input from Ireland for the 2024 Rule of Law Report, p. 28. The 2015 Public Sector Standards Bill aimed at 
consolidating  the  statutory  framework  for  ethics  and  giving  effect  to  relevant  recommendations  of  the 
Mahon  and  Moriarty  Tribunals.  See  also  2022  Rule  of  Law  report,  Country  Chapter  on  the  rule  of  law 
situation in Ireland, p. 13; 2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, 
p. 9. 

125  Input from Ireland for the 2024 Rule of Law Report, p. 28.  
126  Information received in the context of the country visit to Ireland from Civil Liberties Union for Europe; and 

contribution from Transparency International for the 2024 Rule of Law Report, p. 13. 

127  GRECO  (2024),  Fourth  Evaluation  Round  -  Addendum  to  the  Second  compliance  report,  p.  8;  GRECO 

(2014), Fourth Evaluation Round, p. 46. 

128  2023 Rule of Law report, Country Chapter on the rule of law situation in Ireland, pp. 12-13. 2022 Rule of 

Law Report, Country Chapter on the rule of law situation in Ireland, pp. 13-14. 

129  Contribution from Transparency International for the 2024 Rule of Law report, p. 13. According to the Irish 
Council  for  Civil  Liberties,  the  approval of  the  pending  legislation  would  support  civil society  in  actively 
playing a role in the prevention of and fight against corruption. 

130  According to the Department of Public Expenditure NDP Delivery and Reform, the reform would increase 
the  investigation  power  of  SIPO,  which  would  act  as  a  centralised  institution  of  declaration  of  interest  at 
national and local level. The Department is aware that this would entail a parallel discussion on increasing 
resources.  

131  2023 Rule of Law report, Country Chapter on the rule of law situation in Ireland, p. 2. In the 2023 Rule of 
Law Report, the Commission concluded that some progress was made on this part of the recommendation. 
132  Input from  Ireland  for  the  2024  Rule  of  Law  Report,  p. 39.  Disclosure  obligations  arise  for  the  following 
categories:  Oireachtas  (Member  of  the  Dáil  or  Seanad);  Office  Holders  (i.e.  Ministers,  Ministers  of  State, 
Attorney General, and Chairperson and Deputy Chairperson of both Houses and chair of a Committee of one 

16 

 
 
 
 
under  the  Ethics  Acts134.  SIPO  is  responsible  for  delivering  guidelines,  advice,  and 
investigating  and  reporting  possible  contraventions135.  As  reported  in  previous  years,  the 
material scope of declarations remains limited, and the declarations of liabilities are currently 
not  presented  in  an  accessible  format136.  The  digitalisation  of  declarations  would  not  only 
ensure a more user-friendly and streamlined process for the submission of periodic statements 
of interests, but it would also guarantee an easier use and access by SIPO and civil society137. 
Moreover,  it  would  support  improved  complaints  and  investigations  procedures138.  The 
proposed  reform  of  the  statutory  legal  framework  (see  paragraph  above)  would  extend 
disclosure  requirements  on  public  officials139.  It  would  also  explicitly  provide  that  digital 
solutions should be developed and favoured, though the digitalisation process would only be 
suggested as an optional – and thus not obligatory - solution140. The Government underlined 
that  progress  on  strengthening  asset  declaration  provisions,  as  well  as  digitalisation,  also 
depend  on  the  discussion  and  adoption  of  the  more  comprehensive  ethics  in  public  office 
reform (see paragraph above)141. Therefore, as asset declarations are limited in scope and not 
presented in an accessible format, no progress was made on the implementation of this part of 
the recommendation made in the 2023 Rule of Law Report. 

or both Houses); Public Bodies and Civil Service (Designated Director e.g. chairman of a Board of a public 
body; Designated Position of Employment e.g. positions of employment below Principal Officer Grade level 
in the civil service, whose work area could produce conflicts of interest (e.g. procurement); special advisers. 
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. 

133  In the case of members of the Oireachtas, statements of interests are furnished annually to SIPO, who passes 
them on to the Clerks of either House, who compile the Registers of Members’ Interests. Input from Ireland 
for  the  2024  Rule  of  Law  Report,  p.  39.  Transparency  International  Ireland  highlights  that  as  of  January 
2024, the latest disclosures available on the Register are for 2022. 

134  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. 

135  According to SIPO, the current allocation of resources is sufficient to perform its duties; however, following 
the ethics reform, a new capacity review is likely to be needed. [Placeholder: to update should the 2023 be 
issued in time. As stated in the 2022 SIPO Annual Report published in June 2023, in 2022 SIPO processed 
148  complaints  under  the  Ethics  Act  and  initiated  five  preliminary  inquiries.  SIPO  (2023),  2022  SIPO 
Annual Report.] 

136  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 13; 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. The Review of Ireland’s Statutory Framework for Ethics in Public Office 
underscores  this  situation.  Information  received  in  the  context  of  the  country  visit  to  Ireland  from  SIPO. 
Declarations of liabilities are often handwritten forms scanned in PDFs. 

137  Information received in the context of the country visit to Ireland from Transparency International and Irish 
Council for Civil Liberties. 2023 Rule of Law report, Country Chapter on the rule of law situation in Ireland, 
p. 13.  

138  Input from Ireland for the 2024 Rule of Law Report, p. 41. 
139  Input from Ireland for the 2024 Rule of Law Report, p. 41. The reform aims to extend disclosure obligations 
in respect of ministers, senior advisors and officials who would be obliged to disclose significant liabilities 
above EUR 50 000. Besides, members of parliament would be obliged to disclose the interests of a spouse, 
civil partner or child that has a material interest in the subject matter of their functions or decisions. 

140  Information  received  in  the  context  of  the  country  visit  to  Ireland  from  the  Department  of  Public 
Expenditure  NDP  Delivery  and  Reform.  Written  contribution  from  the  Government  in  the  context  of  the 
country visit to Ireland. 

141  The  Department  of  Justice  foresees  that  a  draft  regulation  will  be  finalised  by  the  end  of  2024,  with  new 
obligations in place by 31 December 2025. Information received in the context of the country visit to Ireland 
from the Department of Public Expenditure NDP Delivery and Reform. 2023 Rule of Law Report, Country 
Chapter on the rule of law situation in Ireland, p. 13. 

17 

 
 
 
Relevant  amendments  to  the  lobbying  regulation  entered  into  force,  with  overall 
positive reactions by civil society. The 2023 Rule of Law Report recommended to Ireland to 
“strengthen and digitalise the existing ethics framework, on […] lobbying”. The Regulation 
of  Lobbying  and  Oireachtas  (Allowances  to  Members)  (Amendment)  Act  2023  was  signed 
into  law  on  22  June  2023,  amending  the  Regulation  of  Lobbying  Act  2015.  The 
commencement  order  for  the  2023  Act  follows  a  two-phased  approach:  the  amendments  to 
the  transparency  register  are  operational  since  1  January  2024,  while  the  new  sanctions 
started  applying  on  1  June  2024142.  The  2023  Act  extends  provisions  to  cover  lobbying 
activity  performed  by  certain  representative  and  issue-based  bodies,  and  to  lobbying 
conducted  by  non-remunerated  office-holders  of  other  representative  and  issue-based 
bodies143.  The  law  includes  administrative  financial  sanctions,  in  case  of  some  relevant 
contraventions, including for breaches of the cooling-off provision144. A cooling-off period of 
12  months  for  certain  categories  of  designated  public  officials  is  foreseen145.  Civil  society 
organisations welcomed the changes, notably the “anti-avoidance provisions”146, which allow 
to  close  loopholes  in  the  2015  Act147.  In  light  of  the  important  steps  taken,  the  2023 
recommendation to strengthen the lobbying framework has been fully implemented. 

142 This allowed time for SIPO to adjust to the  operation of the  new  sanctions and conduct awareness raising 
activities  with  lobbyists  and  relevant  designated  public  officials.  The  Minister  for  Public  Expenditure, 
National Development Plan Delivery and Reform signed the order on 7 November 2023. Input from Ireland 
for  the  2024  Rule  of  Law  Report,  p.  35.  These  provisions  include  those  relating  to  contravention  of  the 
section 22 post term employment cooling off provisions. 

143  The  2023  Act  removes  the  criterion  of  “in  respect  of  which  remuneration  is  payable”:  non-remunerated 
office  holders  now  fall  within  the  scope  of  lobbying  regulations.  Moreover,  the  2015  Act  applied  to 
representative  and  advocacy  umbrella  groups  only  where  they  had  at  least  one  employee,  where  that  or 
another  paid  employee  conducted  lobbying.  However,  corporate  interest  groups  and  other  such  coalitions 
who  do  not  engage  any  direct  employees  were  not  required  to  make  returns  to  the  Register  of  Lobbying. 
Nevertheless, these activities – where carried out under the auspices of a constituent member organisation - 
would constitute lobbying. The 2023 Act includes in the definition of persons carrying out lobbying “a body 
which exists primarily to represent the interests of its members” or “to take up particular issues”, “where one 
or more of the members of the body would fall within the scope of [the Act] if such member or members 
were to carry on lobbying activities outside of the body and the relevant communications are made on behalf 
of any of the members”, or “are made in the furtherance of any of those issues”. 

144  Section 22 of the 2015 Act set out restrictions on post-term employment as a lobbyist. With the 2023 Act, a 
breach  of  the  cooling-off  period,  or  lobbying  during  that  period  without  SIPO’s  consent,  is  a  “relevant 
contravention”. This allows SIPO to carry out an investigation and impose sanctions where it believes that a 
person has not complied with the Section 22 cooling-off provisions. Breaches of Section 22 are part of the 
administrative enforcement regime established by the 2023 Act and thus are not criminal offences. The 2023 
Act  requires  public  bodies  not  only  to  inform  relevant  Designated  Public  Officials  (DPOs)  of  their  post-
employment obligations but also to inform SIPO when a relevant DPO leaves their employment (including 
dates of appointment and departure), which aims to assist SIPO in administering Section 22 sanctions.  

145  Input from Ireland for the 2024 Rule of Law Report, p. 41. The post term employment restrictions apply to 
Ministers,  Ministers  of  State,  Special  Advisers  appointed  under  section  11  of  the  Public  Services 
Management Act 1997, and  public servants prescribed as a Designated Public Official by the Minister for 
Finance and Public Expenditure & Reform under section 6(2) of the Regulation of Lobbying Act. . 

146  The  2023 Act  makes  it  an  offence  to  take  any  action  intentionally  designed  to  avoid  or  circumvent  one’s 
obligations in connection with registering as a lobbyist and/or making returns (the so-called “anti-avoidance” 
provisions). 

147  However,  they  noted  the  need  for  further  reforms  to  address  the  exclusion  of  relevant  agencies  from  the 
register,  and  the  establishment  of  a  legislative  footprint.  TI  Ireland  calls  for  improving  the  Parliament 
website to allow for a fully comprehensive “legislative footprint”. This has been recently recommended by 
OECD  in  their  revised  “Recommendation  of  the  Council  on  Transparency  and  Integrity  in  Lobbying  and 
Influence”,  to “establish and maintain a mandatory public decision-making process footprint,  to the  extent 
possible,  with  timely,  comprehensive  and  detailed  information  on  lobbying  and  influence  activities,  made 
publicly available online and easily accessible, in an open data  format, that is reusable for public scrutiny 
and allows for cross-checking with other relevant databases”. Contribution from Transparency International 

18 

 
 
 
An  Electoral  Commission  was  established  to  address  concerns  about  political  party 
financing.  Political  party  financing  is  regulated  under  the  Electoral  Act,  applicable  since 
1997 with no significant changes148. Civil society and political groups called for a review of 
the 1997 Electoral Act, as noted by a recent study of the Electoral Commission149. Reflecting 
these  concerns,  the  Electoral  Commission  will  soon  launch  a  review  of  the  1997  Act, 
including a public consultation process150. Civil society raised concerns on the format of the 
declarations of donations to political parties, arguing that it will make it particularly difficult 
to  access  the  necessary  information  on  the  website151.  SIPO,  which  oversees  the 
administration of legislation governing political  financing, including political donations and 
election expenses, has not announced new initiatives related to a review of the political party 
financing  framework.  In  the  context  of  the  Electoral  Commission  review  of  the  1997  Act, 
discussions are ongoing regarding the opportunity for the Electoral Commission to take over 
some of the current functions attributed to SIPO with regard to political party financing152. 

The  legislation  on  Whistleblowers’  Protection  entered  into  force  and  the  cooperation 
between  government  and  civil  society  focuses  on  fostering  integrity  at  work.  The 
Protected Disclosures (Amendment) Act  2022 entered into force on 1 January 2023153. The 
law  transposes  the  Whistleblowers’  Protection  Directive154.  Following  the  adoption  of  the 
law, the Official Guidance for Public Bodies on the implementation of the Act was revised 
and published in November 2023155. The new legislation provides for the establishment of a 
new Office of the Protected Disclosures Commissioner, which is now operational. Ireland’s 
national  Ombudsman  has  been  appointed  as  the  Protected  Disclosures  Commissioner. 

Ireland pp. 13-14 and from the Irish Council for Civil Liberties for the 2024 Rule of Law Report. See also 
Arthurcox.com (2023), Modifications to the Regulation of Lobbying in Ireland. Contribution from the Irish 
Environmental Network for the 2024 Rule of Law Report, p. 19. The IEN particularly stressed the exclusion 
of  Port  Authorities  and  An  Bord  Pleanála,  considering  the  significant  money  flow  involved  in  port 
development and offshore renewables sectors.  

148  Electoral Act 1997. The Department of Housing, Local Government and Heritage suggests the opportunity 
for a comprehensive review of the party financing framework, also considering the need to cover new tools, 
notably digital fundraising. 

149  See additional information under Section IV. Other institutional issues related to checks and balances. 
150  According  to  the  Constitution,  whenever  a  significant  change  for  the  general  population  is  considered,  a 
review study must be carried out. Information received in the context of the country visit to Ireland from the 
Ministry  for  Housing,  Local  Government  and  Heritage.  The  Government  had  also  previously  expressed 
willingness  to  carry  out  a  comprehensive  review  of  the  1997  Act,  following  the  establishment  of  the 
Electoral  Commission.  See  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Ireland, pp. 14-15, FT 114. 

151  Information received in the context of the country visit to Ireland from the Irish Council for Civil Liberties 

and Transparency International. 

152  SIPO has supervisory roles under the Electoral Act 1997 (as amended) and the Oireachtas (Ministerial and 
Parliamentary  Offices)  (Amendment)  Act  2014.  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.  

153  Houses of the Oireachtas (2023), Protected Disclosures (Amendment) Act 2022 (Act 27 of 2022). 
154  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, OJ L 305, 26.11.2019, p. 17-56. 

155  Department  of  public  expenditure,  Protected  Disclosures  Act  Statutory  guidance  for  public  bodies  and 
prescribed persons. The Guidance updates the original Statutory Guidance, issued in 2015, and the Interim 
Guidance on the amended Act issued in 2022. 

19 

 
 
 
 
Moreover,  under  the  Act,  public  bodies,  prescribed  persons156  and  the  newly  established 
Office of the Protected Disclosures Commissioner must provide a detailed breakdown of the 
number  of  reports  received  in  the  calendar  year  and  the  actions  taken  to  follow  up157.  The 
Ministry  plans  to  publish  a  first  report  by  the  end  of  2024158.  Moreover,  funding  for 
Transparency International Ireland (TII) for the operation of its free “Speak Up” Helpline for 
whistleblowers  and  Legal  Advice  Centre  has  been  increased  in  2024  to  offer  information, 
referral advice and support to people looking to report wrongdoing159.  

The  public  procurement,  planning  and  development  sectors  have  been  identified  as 
high-risk areas for corruption. The Flash Eurobarometer on Businesses’ attitudes towards 
corruption  in  the  EU  shows  that  6%  of  companies  in  Ireland  (EU  average  27%)  think  that 
corruption has prevented them from winning a public tender or a public procurement contract 
in  practice  in  the  last  three  years160.  In  November  2023,  the  Minister  for  Housing,  Local 
Government and Heritage presented a new Planning and Development Bill 2023, which was 
approved  by  the  Lower  House  on  13  June  2024161.  The  Bill  has  been  criticised  by  some 
commentators in the media and by civil society organisations for its potential consequences 
which  might  facilitate  corruption  implications162,  and  civil  society  organisations  have 
identified  planning  as  a  high-risk  area  for  corruption163.  In  order  to  address  transparency 
issues,  the  Bill  also  contains  measures  to  tackle  any  abuse  of  the  planning  system,  such  as 
dealing  with  false  planning  submissions  and  appeals164.  Other  sectors  which  have  been 
identified  by  stakeholders  as  primary  areas  of  risk  for  corruption  are  public  utilities,  sport 

156  Under the Act, the Minister for Public Expenditure, NDP delivery and Reform has the power to designate 
competent authorities as prescribed persons. This list of prescribed persons was updated this year by Order 
in  October  2023. The  number  of  prescribed  persons  authorised  under  law  to  receive  protected  disclosures 
was increased to 108. 

157  This information will be collated and published by the Minister for Public Expenditure, NDP Delivery and 

Reform. Input from Ireland for the 2024 Rule of Law Report, p. 41.  

158  Input from Ireland for the 2024 Rule of Law Report, p. 43. The summary will cover reports made in 2023. 
159  Input from Ireland for the 2024 Rule of Law Report, p. 43. Funding has been increased from EUR 285 000 
in 2022 to EUR 368 500 in 2024. The ‘Speak Up’ helpline was launched by TI Ireland in May 2011. TII also 
completed their second Integrity at Work Survey which will be published in 2025. 

160  Flash  Eurobarometer  543  on  Businesses’  attitudes  towards  corruption  in  the  EU  (2024).  This  is  21 

percentage points above/below the EU average. 

161  Information received in the context of the country visit to Ireland from the  Department of Housing, Local 

Government and Heritage. The Bill will be now submitted to the Senate.  

162  Contribution from the Irish Environmental Network for the 2024 Rule of Law Report, pp. 18-19; Input from 
Transparency International Ireland for the 2024 Rule of Law Report, p. 18. Irish Examiner (2023), Attracta 
Uí Bhroin: New Planning Bill provides fertile ground for corruption and extortion. 

163  Information  received  in  the  context  of  the  country  visit  to  Ireland  from  the Advisory  Council.  TI  Ireland 
remains concerned that several corruption risks in the Irish planning system - highlighted more than a decade 
ago by the Planning Tribunal - remain largely unmitigated, with limited evidence of government impetus to 
address  these  outstanding  issues.  In  2019,  TI  Ireland’s  second  NII  report  on  local  authorities  identified 
transparency in planning as an issue that requires particular attention at local government level. Contribution 
from Transparency International Ireland for the 2024 Rule of Law Report, p. 18. 

164  Written  contribution  from  the  Government  in  the  context  of  the  country  visit  to  Ireland.  Statutory 
declarations  must  be  submitted  with  all  submissions  or  objections  on  planning  applications,  appeals  and 
judicial reviews stating that it is not being done for the purposes of delaying a development or for receiving a 
payment.  

20 

 
 
 
manipulation,  offshore  renewables,  and  natural  resources165,  and  public  and  private 
procurement166.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In  Ireland,  the  Constitution  provides  for  the  general  legal  framework  concerning  media 
pluralism  and  requires  the  State  to  guarantee  the  exercise  of  fundamental  rights,  including 
freedom of expression and freedom of the press167. The Online Safety and Media Regulation 
Act  2022  (the  OSMR  Act),  entered  into  force  in  2023  and  extensively  amended  the  Irish 
media regulatory framework, including  through the introduction of updated rules  for media 
services, the creation of a new regulatory framework of online safety, and the establishment 
of  the  Media  Commission,  the  new  independent  media  regulator168.  Primary  legislation 
provides  safeguards  for  the  independence  of  the  public  service  media169.  A  comprehensive 
review  by  the  Government  of  the  Freedom  of  Information  Act  2014  (the  FOI  Act),  which 
regulates the right of access to information in the possession of public bodies, is ongoing. 

Ireland  has  a  new  independent  media  regulator  with  extensive  powers.  The  Media 
Commission  was  formally  established  on  15  March  2023170  as  the  new  independent  media 
regulator171.  The  Media  Commission  is  also  entrusted  with  online  safety  and  digital 
regulation functions, having been designated as Digital Service Coordinator under the Digital 
Services  Act172  and  as  a  competent  authority  under  the  Terrorist  Content  Online 

165  Information received in the context of the country visit to Ireland from the police. The GNECB is organising 
further trainings in the areas of public procurement law and competition manipulation in sport in 2024.  
166  Written contribution from the Department of Justice in the context of the country visit to Ireland. In 2022, 
the  role  of  the  Competition  and  Consumer  Protection  Commission  (CCPC)  was  extended,  giving  it  new 
powers  to  inter  alia  carry  out  investigations  into  irregularities  in  public  procurement.  The  Competition 
(Amendment) Act 2022 (the “2022 Act”) has amended the 2002 Act to clarify that bid-rigging is a breach of 
section 4. Section 4(1)(f) of the 2002 Act (as inserted by section 5 of the 2022 Act) now refers specifically to 
bid-rigging as a prohibited agreement or concerted practice, and section 4(11) of the 2002 Act now defines 
bid-rigging. Section 6(2)(d) of the 2002 Act (as inserted by section 6 of the 2022 Act) makes it a  specific 
(by-object)  offence  to  engage  in  bid-rigging.  The  Hamilton  Report  recommended  to  introduce  specific 
legislation “to enable the collection, collation and analysis of all public procurement data to detect and deter 
bid-rigging by the CCPC”. In the context of the Advisory Council against Economic Crime and Corruption, 
the Department of Justice has written to the Department of Enterprise, Trade and Employment with a view to 
introducing the necessary legislative amendments recommended. Further discussions are being considered.  
167  Constitution of Ireland, Article 40, para. 6.1. Ireland ranks 8th in the 2024 Reporters without Borders World 

Press Freedom Index compared to 2nd in the previous year. 

168  Online  Safety  and  Media  Regulation  Act  2022.  The  OSMR  Act  was  also  aimed  at  transposing  the 
Audiovisual  Media  Services  Directive  (the  AVMSD).  In  this  respect,  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. On 29 February 2024, the Court of Justice of the European Union found that Ireland had failed to 
fulfill its obligations under Article 2 of the AVMSD by not transposing the Directive by 19 September 2020, 
Judgment  of  the  Court  of  Justice  of  29  February  2024,  Commission  v  Ireland  (Services  de  médias 
audiovisuels), C-679/22, ECLI:EU:C:2024:178. 

169  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2023, 56% of respondents 

in Ireland stated that they trust public TV and radio stations, above the EU average of 48%. 

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

regulator, Coimisiún na Meán, formally established.  

171  The  OSMR  Act  provides  for  specific  rules  ensuring  that  the  Media  Commission  is  functionally  and 
effectively  independent,  Online  Safety  and  Media  Regulation  Act  2022,  Part  3;  2024  Media  Pluralism 
Monitor, country report for Ireland, p. 15. 

172  Department  of  Enterprise, Trade  and  Employment  (2023),  Press  Release  -  Minister  Coveney  and  Minister 

Calleary welcome Digital Services Bill.  

21 

 
 
 
Regulation173.  A  self-financing  system  based  on  levies  raised  from  the  services  regulated 
under  the  OSMR  Act  is  expected  to  provide  the  Media  Commission  with  the  resources 
needed to fund its activity and fulfil its regulatory functions independently174. However, there 
are  some  concerns  about  the  fact  that  the  resources  available  for  the  Media  Commission 
might be limited considering the wide scope of its tasks175.  

A framework of self-regulatory bodies ensures compliance with ethical and professional 
standards for the press. The Office of the Press Ombudsman (PO) and the Press Council of 
Ireland (PCI) provide for a well-established and well-functioning  self-regulatory system  for 
the  Irish  press  sector176.  The  PCI  is  tasked  with  ensuring  the  protection  of  freedom  of  the 
press and the respect of journalistic ethical and professional standards. To this end, the PCI 
has  drawn  up  a  Code  of  Practice  which  sets  out  relevant  standards  that  its  members  are 
required to adhere to and that are intended to ensure ethical, accurate and truthful reporting 
by the press177. The membership of the PCI enables a newspaper to benefit from the defence 
of “fair and reasonable publication” in defamation cases178.  

The Government commissioned an independent review of the public service broadcaster 
RTÉ  following  reports  of  corporate  governance  failures,  which  have  also  affected  its 
financial  viability.  Public  service  media  play  a  key  role  in  the  Irish  media  landscape.  The 
public  service  broadcaster,  RTÉ  represents  the  most  frequent  source  for  news  used  by  the 
Irish audience179 and, together with the Irish language public broadcaster TG4, accounts for 
28% of broadcasting viewing180. In 2023, following reports on corporate governance failures, 
RTÉ  faced  a  reputational  crisis181  which  prompted  the  Government  to  commission  an 
independent 
review  of  RTÉ’s  governance,  corporate  culture,  and  accountability 
frameworks182.  The  purpose  of  this  independent  review  was  'to  help  restore  trust  through  a 

173  Input from Ireland for the 2024 Rule of Law Report, p. 52.  
174  Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  52,  as  confirmed  by  information  received  in  the 
context  of  the  country  visit  to  Ireland  from  Coimisiún  na  Meán.  Recruitment  of  new  staff  is  currently 
ongoing:  Coimisiún  na  Meán  expects  to  increase  its  staff  up  to  160  by  Q2  of  2024  and  plans  to  ask  the 
Government for the possibility of additional recruitment in order to reach 250 staff in the  course of 2025, 
information  received  in  the  context  of  the  country  visit  to  Ireland  from  Coimisiún  na  Meán;  2024  Media 
Pluralism Monitor, country report for Ireland, p. 8. 

175  Information received in the context of the country visit to Ireland from the Irish Council for Civil Liberties. 
176  Currently, all daily and Sunday newspapers published in Ireland, the majority of local newspapers, as well as 
many Irish magazines and online-only news publications are members of the PCI, information is available 
on the Press Council of Ireland and Office of the Press Ombudsman website.  

177  Press Council of Ireland, Code of Practice; Input from Ireland for the 2024 Rule of Law Report, p. 53. 
178  Pursuant to Section 26 of Defamation Act 2009, in defamation cases a court is entitled to take into account 
the extent to which a member of the PCI adhered to the code of practice/standards of the PCI and abided by 
decisions  of  the  PO  and  PCI    when  determining  whether  it  was  fair  and  reasonable  to  publish  an  alleged 
defamatory  statement  made  in  good  faith  and  in  the  course  of,  or  for  the  purpose  of,  the  discussion  of  a 
subject of public interest.  

179  Reuters Institute (2023), Digital News Report Ireland, p. 62. 
180  2024 Media Pluralism Monitor, country report for Ireland, p. 7.  
181  In  June  2023,  it  was  revealed  that  RTÉ  paid  one  of  its  top  presenters  more  than  what  accounted  for  and 
declared  to  the  public  and  the  Parliament,  RTÉ  (2023),  RTÉ  admits  paying  Tubridy  €345,000  more  than 
declared; 2024 Media Pluralism Monitor, country report for Ireland, p. 23. 

182  The  Minister  for  Tourism,  Culture,  Arts,  Gaeltacht,  Sport  and  Media  appointed  a  team  of  forensic 
accountant,  tasked  of  carrying  out  an  examination  of  the  managing,  controlling  and  accounting  of  certain 
commercial  operations  by  RTÉ,  and  established  two  independent  expert  review  committees  tasked  of 
reviewing corporate governance and culture in RTÉ, Department of Tourism, Culture, Arts, Gaeltacht, Sport 
and  Media  (2023),  Press  Release  -  Minister  Catherine  Martin  announces  an  independent  root  and  branch 
examination of RTÉ 4 July 2023, as confirmed by information received in the context of the country visit to 

22 

 
 
 
wide-ranging,  and  independent  review  into  the  root  causes  of  the  failings  in  RTÉ  and  the 
recommendation of measures to prevent their recurrence in the future’183. The final reports of 
the  independent  review  into  RTÉ  were  published  on  7  May  2024184.  To  increase  its 
accountability  and  ensure  additional  oversight  over  its  financial  operations,  RTÉ  has  been 
also  designated  by  the  Government  as  a  relevant  body  under  the  National  Treasury 
Management Agency (Amendment) Act 2014185. As a further consequence RTÉ also faced a 
steep  decline  in  the  payment  of  the  TV  licence  fee186,  which  put  the  public  service 
broadcaster in a difficult financial environment and exacerbated the long-standing challenge 
of  funding  of  RTÉ187.  In  November  2023,  the  Government  pledged  to  provide  RTÉ  with 
additional funding of EUR 56 million to ensure its economic viability and offset the shortfall 
in  licence  fee  revenues188.  Although  this  step  was  welcomed,  stakeholders  pointed  out  that 
the  current  TV  licence  fee  funding  model  is  no  longer  sustainable189.  Stakeholders  stressed 
the  importance  of  a  reform  of  the  funding  system  that  can  provide  RTÉ  with  stable  and 
adequate financial resources while also ensuring its editorial independence and integrity190.  

Access to information on media ownership has improved, also with the launch of a new 
online database. Although Irish media outlets do not have a legal obligation to disclose their 

Ireland from RTÉ, Coimisiún na Meán, and the Department of Tourism, Culture, Arts, Gaeltacht, Sport and 
Media. 

183  Department  of  Tourism,  Culture,  Arts,  Gaeltacht,  Sport  and  Media  (2023),  Press  Release  -  Minister 
Catherine  Martin  announces  an  independent  root  and  branch  examination  of  RTÉ.  RTÉ  has  developed  an 
action  plan  aimed  at  implementing  the  applicable  recommendations  in  the  reports  from  the  independent 
review, while the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media is progressing measures 
to  implement  the  recommendations  applicable  to  Government  or  the  Department.  In  particular,  the 
implementation of the recommendations will be monitored by the Government and will be based on interim 
reports  to  be  produced  by  RTÉ  aimed  at  providing  adequate  follow-up  of  the  reform  process.  In  parallel, 
RTÉ has also started its own internal reform process by appointing an external corporate governance expert 
tasked to assist the company in developing new standards and approaches to matters like accountability and 
risk  management,  information  received  in  the  context  of  the  country  visit  to  Ireland  from  RTÉ  and  the 
Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.  

184  Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2024), Press Release – Minister Martin 

publishes reviews arising from the independent examination of RTÉ.  

185  National Treasury  Management Agency  (Amendment) Act  2014,  Section  19,  as  confirmed  by  information 
received  in  the  context  of  the  country visit  to  Ireland  from  RTÉ  and  the  Department  of Tourism,  Culture, 
Arts, Gaeltacht, Sport and Media. 

186  RTÉ  indicated  that  as  of  October  2023  the  TV  licence  renewals  were  down  39%  leading  to  an  overall 
shortfall  of  EUR  21  million  in  the  expected  licence  fee  revenues,  Committee  of  Public Accounts  (2023) 
Official Report of Debate – Thursday, 12 October 2023.  

187  The  TV  licence  fee  funding  RTÉ  has  not  been  adjusted  to  the  inflation  rate  since  2008  and  has  been 
considered by several institutions, including Coimisiún na Meán and a parliamentary committee, not fit for 
the purpose of providing RTÉ with the necessary resources, 2023 Rule of Law Report, Country Chapter on 
the  rule  of  law  situation  in  Ireland,  p.  18;  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Ireland, p. 17; 2024 Media Pluralism Monitor, country report for Ireland, p. 23. 

188  Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (2023), Press Release  - Funding of €56 
million for RTÉ agreed; Contribution from the Irish Council for Civil Liberties for the 2024 Rule of Law 
Report, p. 21; 2024 Media Pluralism Monitor, country report for Ireland, p. 23, 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, Coimisiún na Meán and RTÉ. 

189  Information received in the context of the country visit to Ireland from RTÉ, Coimisiún na Meán, the Irish 

Council for Civil Liberties. 

190  Information received in the context of the country visit to Ireland from RTÉ, Coimisiún na Meán, the Irish 
Council for Civil Liberties, and the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media; 2024 
Media  Pluralism  Monitor,  country  report  for  Ireland,  p.  31.  The  Government  committed  to  announce  a 
decision on the future funding model for RTÉ in July 2024, written contribution from the Government in the 
context of the country visit to Ireland. 

23 

 
 
beneficial  owners191,  information  on  media  ownership  is  facilitated  in  practice  by  the 
Mediaownership.ie  online  database,  which  provides  access  to  information  on  ownership  of 
print, broadcast  and online Irish-owned media outlets192. In 2023, the scope of the database 
was  extended  to  a  larger  number  of  online  outlets,  increasing  the  transparency  of  digital 
media  ownership193.  Transparency  of  media  ownership  in  Ireland  has  been  also  improved 
with  the  launch  in  2023  of  a  new  online  database,  the  Media  Ownership  Monitor  Ireland 
(MOM  Ireland)194.  Although  MOM  Ireland  currently  only  covers  the  largest  Irish  media 
outlets,  compared  to  the  Mediaownership.ie  database  it  provides  for  more  granular 
information  about  ownership  of  the  media  and  their  links  to  other  media  or  non-media 
businesses195.  Ireland  is  a  small  market  for  media  and  a  certain  degree  of  concentration  is 
considered  inevitable196.  Although  stakeholders  have  referred  to  challenges  related  to 
overconcentration  trends197  particularly  at  local  and  regional  levels198,  the  concentration  of 
media ownership has  diminished in  recent  years199. There have been no developments  with 
respect to the rules on the assessment of media market concentrations200.  

191  Euromedia Ownership Monitor (2023), Ireland Country report 2023. 
192  2023  Rule  of  Law  Report,  Country  Chapter on  the  rule  of  law  situation  in Ireland,  p.  18.  The  project  has 
been  funded  since  its  launch  by  Coimisiún  na  Meán,  that  committed  to  extend  its  financial  support  for 
further  three  years,  information  received  in  the  context  of  the  country  visit  to  Ireland  from  Coimisiún  na 
Meán;  2024  Media  Pluralism  Monitor,  country  report  for  Ireland,  p.  17.  The  database  is  available  on  the 
official website mediaownershipe.ie. 

193  Information received in the context of the country visit to Ireland from Coimisiún na Meán. The 2024 MPM 
reported  a  drop  of  13  percentage  points  from  the  previous  year  in  relation  to  risk  transparency  of  media 
ownership indicator, which decreased to 50% from the 2022 figure of 2022, 2024 Media Pluralism Monitor, 
country report for Ireland, p. 17. 

194  MOM Ireland is a new project developed by the Dublin City University School of Communications School 
of Communications in collaboration with the Global Media Registry civil society group, which builds on and 
further develops the European Media Ownership Monitor, a pilot project offering a searchable database with 
information  on  the  most  relevant  news  media  in  the  European  Union  co-funded  by  the  European 
Commission and led by the University of Salzburg, information received in the context of the country visit 
to Ireland from Coimisiún na Meán; 2024 Media Pluralism Monitor, country report for Ireland, p. 17. 

195  In  this  respect,  Coimisiún  na  Meán  committed  to  financially  support  MOM  Ireland  in  order  to  expand  its 
coverage capacity to all print, broadcast and online Irish media outlets, information received in the context 
of the country visit to Ireland from Coimisiún na Meán. 

196  The  four  largest  TV  outlets  hold  61.75%  shares  of  the  Irish  media  market  overall  (RTÉ 26.75%,  Virgin 
Media  Television  19%,  BBC  10%,  Sky  Television  6%),  Euromedia  Ownership  Monitor  (2023),  Ireland 
Country report 2023. 

197  The 2024 MPM reported a very high risk of 83% for the plurality of media providers indicator, which is due 
to the level of concentration in the broadcasting sector, where only two broadcasters established in Ireland 
operate, the radio sector, where all the licensed commercial radios rely on a single source for their national 
and international news feeds, and the regional press sector, where the largest player further consolidated its 
position  in  2023. The high  concentration  is  nevertheless  offset  by  the possibility  for  Irish  viewers  to  have 
access  to  several  international  media  outlets  operating  in  the  national  market,  2024  Media  Pluralism 
Monitor, country report for Ireland, p.18. 

198  Information received in the context of the country visit to Ireland from the Irish Council for Civil Liberties. 
199  In  2021,  two  new  media  players  entered  the  Irish  market  by  respectively  acquiring  stakes  in  the  largest 
domestic print media group and the largest private commercial radio group, which were previously owned 
by the same player, Euromedia Ownership Monitor (2023), Ireland Country report 2023. 

200  Under  Irish  law,  media  market  concentrations  must  be  notified  to  and  approved  by  the  Competition  and 
Consumer  Protection  Commission,  for  the  competition  aspects,  and  by  the  Minister  for  Tourism,  Culture, 
Arts,  Gaeltacht,  Sport  and  Media  for  the  media  pluralism aspects. When  carrying  out  the  media  pluralism 
assessment,  the  Minister  can  seek  the  assistance  of  the  Media  Commission,  Competition  and  Consumer 
Protection  Act  2014,  Sections  28D-28G;  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Ireland, pp. 18-19. 

24 

 
 
Although  no  cases  of  unfair  treatment  were  reported,  some  concerns  regarding  the 
transparency in the allocation of state advertising persist. Ireland does not have specific 
rules regulating state advertising in media by public bodies, which is allocated following the 
general  public  procurement  rules201,  under  which  media  outlets  can  compete  for  the 
purchasing  of  state  advertising202.  In  many  cases,  procurement  procedures  consist  of 
appointing  an  agency  tasked  with  negotiating  the  placement  of  state  advertising  with  the 
interested media outlets203. However, there is lack of clarity as to how the allocation of state 
advertising  is  determined  by  the  appointed  agency204.  In  this  respect,  although  there  is  no 
evidence  suggesting  uneven  or  unfair  treatment  of  media  outlets  in  the  allocation  of  state 
advertising,  the  lack  of  full  transparency  on  this  matter  remains  a  source  of  concern205.  As 
also mentioned in the 2023 Rule of Law Report206 there are persisting concerns related to the 
risks  of  conflict  of  interests  deriving  from  the  fact  that  certain  agencies,  which  could  be 
tasked with negotiating the placement of state advertising on behalf of the public bodies, also 
own  media  outlets  that  have  a  significant  presence  at  regional  and  local  levels207.  In  2022, 
Ireland introduced specific language requirements for state advertising208 by requiring at least 
20%  of  advertising  by  public  bodies  to  be  in  the  Irish  language  and  at  least  5%  of  public 
bodies’  advertising  budget  to  be  used  for  advertising  in  the  Irish  language  through  Irish 
language media209.  

A  robust  legal  framework  is  in  place  to  ensure  access  to  information.  The  Freedom  of 
Information  (FOI)  Act210  provides  for  the  relevant  rules  governing  the  right  of  access  to 
information and public documents in Ireland211. Under the FOI Act, any interested party can 
submit  a  request  for  access,  which  must  be  responded  to  within  four  weeks  and  can  be 
refused  only  on  the  basis  of  exemptions  set  out  in  the  act,  such  as  the  need  to  protect 
confidential,  personal  or  commercially  sensitive  information  of  third  parties212.  Requesters 
dissatisfied  with  the  response  of  the  public  body  can  rely  on  a  two-tier  review  system213. 
Although the FOI Act provides a robust legal framework supporting the exercise of the right 

201  Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  54,  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. 

202  Information received in the context of the country visit to Ireland from the Department of Tourism, Culture, 

Arts, Gaeltacht, Sport and Media. 

203  Information received in the context of the country visit to Ireland from the Department of Tourism, Culture, 

Arts, Gaeltacht, Sport and Media; 2024 Media Pluralism Monitor, country report for Ireland, p. 17. 

204  2024 Media Pluralism Monitor, country report for Ireland, p.22.  
205  Ibidem. 
206  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 19. 
207  Euromedia Ownership Monitor (2023), Ireland Country report 2023. 
208  Official Languages Acts 2023-2021, Section 10A;  Input from Ireland for the 2024 Rule of Law Report, p. 

54. 

209  Pursuant to Section 10A of the Official Languages Acts 2003-2021 ‘Irish language media’ means any media 

where 50 per cent or more of the content of that media is through the Irish language. 

210  A revision of the Act is ongoing since 2021, Department of Public Expenditure, NDP Delivery and Reform 

(2021), Review of the Freedom of Information Act – Review Roadmap.  

211  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 19-20. 
212  Input from Ireland for the 2024 Rule of Law Report, p. 57. 
213  The  first  stage  is  carried  out  internally  by  the  public  body  concerned  and  allows  requesters  to  seek  the 
review of the response by another official at a higher level. If after the internal review the requester is still 
dissatisfied, they can seek an independent review by the Office of the Information Commissioner, Freedom 
of Information Act 2014, Sections 21 and 22. 

25 

 
 
of  access  to  information214,  some  stakeholders  stressed  the  need  to  extend  its  scope  of 
application  to  additional  public  authorities215  and  referred  to  practical  shortcomings,  also 
related  to  the  lack  of  adequate  resources216,  which  affect  the  handling  of  requests  in  a 
consistent and timely manner217. In November 2023, the Government also launched the new 
2023-2027  Open  Data  Strategy  aimed  at  ensuring  that  data  held  by  public  bodies  is  freely 
available to the public and easily accessible online for reuse and redistribution218. 

investigating 

initiatives  on  reporting  and 

incidents  contributed  to  foster 
New 
journalists’ safety. Journalists in Ireland are able to operate in safe conditions219. One alert 
was  reported  by  the  Council  of  Europe’s  Platform  to  promote  the  protection  of  journalism 
and safety of journalists220 and six incidents were registered by the Mapping Media Freedom 
platform221  since  the  publication  of  the  2023  Rule  of  Law  Report.  Several  stakeholders 
stressed the positive contribution of the Media Engagement Group in reinforcing the safety of 
media  personnel  in  Ireland222.  The  main  objective  of  the  Media  Engagement  Group  is  to 
foster a coordinated and standardised approach in the reporting and investigation of incidents 
involving  media  professionals223.  As  part  of  this  effort,  the  national  police  established  a 

214  According to the 2023 Annual Report of the Office of the Information Commissioner (OIC), which contains 
the most recent data on the matter, public bodies received 37 437 FOI requests in 2023. 9% of requests were 
withdrawn or handled outside of FOI, while 2% were transferred to another more appropriate body. Of the 
requests that were formally decided on, 80% were granted in full or in part (45% granted in full and 35% 
part-granted).  In  2023,  the  Office  of  the  Information  Commissioner  received  665  applications  to  review 
decisions  made  by  public  bodies  in  response  to  a  FOI  request,  corresponding  to  1.3%  of  the  overall  FOI 
requests made that year, Office of the Information Commissioner (OIC) (2024), 2023 Annual Report. 

215  Most  notably,  it  was  considered  advisable  for  the  FOI  Act  to  be  applicable  also  to  the  Data  Protection 
Commission, taking into account the role played by Ireland in the regulation of several big online platforms 
established  in  the  State,  information  received  in  the  context  of  the  country  visit  to  Ireland  from  the  Irish 
Council  for  Civil  Liberties.  Nonetheless,  the  FOI Act  already  applies  to  the  Data  Protection  Commission 
although only as regards its general administration in order to take into account the confidential nature of its 
regulatory engagements and the need to  protect commercially sensitive information under the terms of the 
FOI act itself, written contribution from the Government in the context of the country visit to Ireland.  

216  2024 Media Pluralism Monitor, country report for Ireland, p. 14. 
217 It was indicated that sometimes it is difficult to find the officials responsible for the handling of the request 
and that in some instances the documents are disclosed in a not searchable format, making more difficult to 
analyse them, information received  in the context of the country visit to Ireland from  the Irish Council for 
Civil Liberties.  

218  Department of Public Expenditure, NDP Delivery and Reform (2023), Open Data Strategy 2023-2027. 
219  The  2024  MPM  stressed  that  although  journalists  in  Ireland  are  usually  not  exposed  to  risks  of  physical 
violence,  there  were  instances  of  journalists  subjected  to  vexatious  lawsuits  or  verbal  harassment,  2024 
Media Pluralism Monitor, country report for Ireland, p. 14. 

220  The alert concerned the seizure by the police of photos taken by an editorial photo agency while covering 
riots  in  Dublin  city,  Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of 
journalists, Ireland. 

221  In particular, two incidents concerned cases of verbal attacks and attacks on journalists’ property, one case 
related  to  legal  incidents  involving  journalists  and  three  incidents  related  to  cases  of  censorship,  Mapping 
Media Freedom, Ireland country profile. 

222  The  Media Engagement Group is  a non-statutory body, established in 2022 upon the joint initiative  of the 
National Union of Journalists, other media organisations, State agencies and the national police, which meets 
quarterly  to  discuss  matters  related  to  actions  that  the  police  can  take  to  strengthen  the  safety  of  media 
professionals,  input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  56;  Contribution  from  the  Irish 
Council for Civil Liberties for the 2024 Rule of Law Report, p. 22, 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 and RTÉ. 

223  Input  from  Ireland  for  the  2024  Rule  of  Law  Report,  p.  56,  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 and RTÉ. 

26 

 
 
single  contact  point,  managed  by  a  dedicated  police  office,  through  which  media 
professionals  can  report  incidents  involving  them,  including  those  taking  place  online224. 
According to stakeholders, this mechanism has proven effective in ensuring that incidents are 
reported  and  satisfactorily  followed  up225.  The  Media  Engagement  Group  also  carried  out 
further  actions  to  support  journalists,  including  training  activities226  and  collaboration  with 
online platforms in view of encouraging them to foster the possibility for journalists to flag 
cases of online harassment227.  

There  has  been  significant  progress  on  the  reform  of  the  defamation  regime,  as  the 
Government is working on the publication of the draft Defamation (Amendment) Bill. 
The 2023 Rule of Law  Report recommended to  Ireland to  “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”228.  The  lack  of  specific  safeguards  to 
counter strategic lawsuits against public participation (or SLAPPs), coupled with the lack of 
mechanisms to reduce the risk of defamation cases, produces a chilling effect on journalists 
and is a long-standing issue for the media freedom in Ireland229. Following the publication of 
the General Scheme of the Defamation (Amendment) Bill (the General Scheme)230 in March 
2023,  the  Government  referred  it  to  the  Joint  Oireachtas  Committee  on  Justice  for  pre-
legislative  scrutiny,  which  was  completed  in  September  2023231.  On  this  basis,  the 
Government  included  the  Defamation  (Amendment)  Bill  among  the  legislation  for  priority 
publication in 2024232. Therefore, considering these developments, there has been significant 
progress in relation to the recommendation made in the 2023 Rule of Law Report.  

224  To foster the tracking of these incidents and their investigation, all the relevant reports received through the 
contact point are recorded in a dedicated database, information received in the context of the country visit to 
Ireland from the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.  

225  Information received in the context of the country visit to Ireland from the Department of Tourism, Culture, 

Arts, Gaeltacht, Sport and Media and RTÉ. 

226  In 2023 the Media Engagement Group organised two training seminars for journalists. In the first seminar, 
focused  on  crime  prevention,  the  police  offered  training  on  personal  protection  and  ways  to  interact  with 
hostile  groups  while  in  the  second  seminar,  focused  on  online  safety,  representatives  of  online  platforms 
informed journalists about the available tools to increase their online safety, input from  Ireland for the 2024 
Rule of Law Report, p. 56, 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 and RTÉ.  

227  The Media Engagement Group is engaging with major online platforms in order to foster online safety of 
media professionals on social media, particularly by encouraging those platforms to develop more robust and 
standardized reporting mechanisms for cases of abuse of media personnel online, information received in the 
context of the country visit to Ireland from the Department of Tourism, Culture, Arts, Gaeltacht, Sport and 
Media. 

228  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
229  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 21-22; 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; 2023 Media Pluralism Monitor, country report for Ireland, pp. 12-
13. 

230  The  General  Scheme  provides  for  the  abolition  of  juries  in  High  Court  defamation  cases  and  introduces 
specific safeguards against SLAPPs, 2023 Rule of Law Report, Country Chapter on the rule of law situation 
in Ireland, pp. 21- 22; 2024 Media Pluralism Monitor, country report for Ireland, p. 8. 

231  Joint Oireachtas Committee on Justice (2023), Report on Pre-Legislative Scrutiny of the General Scheme of 

the Defamation (Amendment) Bill. 

232  Department  of  the  Taoiseach  (2024),  Government  Legislation  Programme  2024,  p.  6,  as  confirmed  by 

information received in the context of the country visit to Ireland from the Department of Justice. 

27 

 
 
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 ‘guillotine motions’, which results in shortening the debate time on legislative 
proposals,  decreased  considerably.  As  referred  in  previous  Rule  of  Law  Reports233,  since 
the  beginning  of  the  COVID-19  pandemic,  the  use  of  ‘guillotine  motions’  had  become  a 
major  feature  of  the  legislative  process.  In  2023,  29  ‘guillotine  motions’  were  prepared  in 
relation  to  Bills  debated in  the lower House.  Of those, only  three motions  were used234. 16 
‘guillotine  motions’  were  prepared  in  relation  to  Bills  debated  in  the  upper  House  in  2023, 
and  of  those,  only  one  motion  was  used235.  This  means  a  decrease  in  comparison  to  the 
previous  period236.  While  both  Irish  authorities  and  civil  society  organisations  had  raised 
concerns regarding the continued rushing of legislation at the end of parliamentary terms237, 
stakeholders have signaled that this practice has abated for now238.  

The Irish Human Rights and Equality Commission is facing resource issues in view of 
new  responsibilities  attributed  to  it.  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)239.  IHREC  has  continued  its  activities,  focusing  on 
five  strategic  priorities  in  2022:  economic  equality,  justice,  respect  and  recognition, 
futureproofing, and public sector duty240. According to IHREC, as Ireland’s National Human 
Rights Institution and National Equality Body, it is being tasked with new responsibilities and 
mandates,  while  some  of  its  existing  statutory  powers  have  not  yet  been  deployed  due  to 
resource issues241. 

On  1  January  2024,  Ireland  had  two  leading  judgments  of  the  European  Court  of 
Human  Rights  pending  implementation,  the  same  number  as  the  previous  year242. At 

233 2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 16-17; 2023 Rule of 

Law Report, Country Chapter on the rule of law situation in Ireland, pp. 22-23. 

234  Input from Ireland for the 2024 Rule of Law Report, p. 63.  
235  Ibidem. 
236  As indicated in the 2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 22-
23, 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 debate. In the Upper House, 38 motions 
were prepared and seven motions were moved. 

237  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 23. 
238  Civil Liberties Union for Europe (2024), Liberties Rule of Law Report 2024 – Ireland, p. 8. In Ireland, only 
8% of the surveyed companies perceive the frequent changes in legislation or concerns about quality of law-
making process as a reason for the lack of confidence in investment protection. Figure 56, 2024 EU Justice 
Scoreboard.  

239  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 23. 
240  IHREC 2023, Annual Report 2022, p. 13. 
241  Information received in the context of the country visit to Ireland from the IHREC. 
242  These are the same two leading judgments that were pending on 1 January 2023. Judgments of the European 
Court  of  Human  Rights  of 10  September 2010,  McFarlane  v.  Ireland,  31333/06,  and of  28  January 2014, 

28 

 
 
 
that time, Ireland’s rate of leading judgments from the past 10 years that remain pending was 
at  50%  (the  same  number  as  in  2023)  and  the  average  time  that  the  judgments  had  been 
pending implementation was 11 years and 7 months (compared to 10 years and 7 months in 
2023)243. As regards the respect of payment deadlines, on 31 December 2023 there were no 
cases  awaiting  confirmation  of  payments  (the  same  as  in  2022)244.  On  1  July  2024,  the 
number of leading judgments pending implementation had remained two245. 

Some further progress was made to address legal obstacles related to access to funding 
for  civil  society  organisations  as  the  Electoral  Commission  is  reviewing  the  1997 
Electoral Act. The 2023 Rule of Law Report recommended to Ireland to “take measures to 
address legal obstacles related to access to funding for civil society organisations, as part of 
the reform of the Electoral Act”246. Civic space in Ireland remains open247. As referred in the 
2023  Rule  of  Law  Report248,  civil  society  organisations  have  raised  concerns  about  the 
impact  of  the  prohibition,  under  the  Electoral  Act,  to  receive  donations  above  a  certain 
threshold  for  ‘political  purposes’  or  from  foreign  donors249.  In  February  2023,  an  Electoral 
to  making 
Commission  was  established  and  started 
recommendations  to  address,  among  other  matters,  the  issues  related  to  the  wide-ranging 
definition  of  “political  purposes”  raised  by  civil  society250.  On  9  November  2023,  the 
Electoral  Commission  published  a  draft  Research  Programme  for  2024-2026,  stressing  the 
objective to carry out a review of the 1997 Electoral Act and launched a public consultation 
for this purpose251. Stakeholders have raised  concerns that the long-promised review of the 
1997 Electoral Act to remove restrictions on civil society funding has not yet materialised252. 
Considering that the Electoral Commission is working on the Electoral Act review, there was 
some further progress achieved on the 2023 recommendation. 

its  functions  with  a  view 

Innovative  steps  have  been  taken  to  encourage  the  participation  of  civil  society 
organisations and human rights defenders in the decision-making process. The Citizens’ 
Assembly  bringing  together  citizens  to  discuss  and  consider  important  legal  and  policy 

O’Keeffe  v.  Ireland,  35810/09.  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. 
243  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  2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 5. 

244  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.   

245  Data according to the online database of the Council of Europe (HUDOC). 
246  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 2. 
247  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

248  2023 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 24. 
249  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. 

250  Input from Ireland for the 2024 Rule of Law Report, p. 61. 
251  Ibidem. 
252 Civil Liberties Union for Europe (2024), Liberties Rule of Law Report 2024 – Ireland, p. 8. 

29 

 
 
issues,  continue  to  develop  recommendations  and  to  report  back  to  Parliament253.  During 
2023, a Citizens’ Assembly on Drugs Use was established to consider the legislative, policy 
and operational changes that Ireland could make to reduce the harmful impacts of illicit drugs 
on  Irish  society254.  Moreover,  an  updated  “Guide  for  Inclusive  Community  Engagement  in 
Local Planning and Decision Making” was published in October 2023 and is available to any 
organisation looking to improve engagement255. 

253  The  Government  provides  a  response  to  recommendations  of  the  Citizens’  Assembly  and  arranges  for  a 
debate  in  the  Oireachtas.  Moreover,  if  the  Government  accepts  a  recommendation  that  the  Constitution 
should be amended, its reply in the Oireachtas will include a timeframe for the holding of a referendum. 
254  Input from Ireland for the 2024 Rule of Law Report, p. 75. This Citizens’ Assembly submitted its report to 
the  Oireachtas  in  December  2023.  It  was  subsequently  published  on  25th  January  2024  and  is  available 
under:  https://citizensassembly.ie/assembly-on-drugs-use/report/. The Dáil and Seanad referred the report to 
the Joint Committee on Drugs Use to consider the recommendations in the report.    

255  Ibidem, p. 73. 

30 

 
 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

An  Coimisiún  Toghcháin  -  The  Electoral  Commission  (2024),  Draft  Research  Programme  2024-
2026, https://ec-cdn-live.s3.eu-west-1.amazonaws.com/app/uploads/2023/11/10161907/Draft-Annual-
Research-Programme-English-web.pdf. 

Bar of Ireland (2024), Contribution from the Bar of Ireland for the 2024 Rule of Law Report. 

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

Centre  for  Media  Pluralism  and  Media  Freedom  (2024),  Media  pluralism  monitor  2024  –  country 
report on Ireland. 

Civil Liberties Union for Europe (2024), Contribution from the Civil Liberties Union for Europe for 
the 2024 Rule of Law Report. 

Civil Liberties Union for Europe (2024), Liberties Rule of Law Report 2024 – Ireland. 

Committee  of  Public  Accounts  (2023)  Official  Report  of  Debate  -  Thursday,  12  October  2023, 
https://data.oireachtas.ie/ie/oireachtas/debateRecord/committee_of_public_accounts/2023-10-
12/debate/mul@/main.pdf.  

Consultative  Council  of  European  Judges  (CCJE)  to  the  Committee  of  Ministers  of  the  Council  of 
Europe (2021), CCJE Opinion No. 24 (2021): Evolution of the Councils for the Judiciary and their 
role in independent and impartial judicial systems, 
https://rm.coe.int/opinion-no-24-2021-of-the-ccje/1680a47604 

Corporate  Enforcement  Authority  (CEA)  (2022),  Memorandum  of  Understanding  between  the 
Síochána, 
Director 
https://cea.gov.ie/Portals/0/Documents/CEA_AGS_MoU_FINAL_%20for_website.pdf. 

Enforcement 

Corporate 

Garda 

and 

An 

of 

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  – 
Ireland, https://fom.coe.int/en/pays/detail/11709528. 

Council of Europe (2011),  Judges: independence, efficiency and responsibilities  – Recommendation 
CM/Rec(2010)12 and explanatory memorandum, https://rm.coe.int/cmrec-2010-12-on-independence-
efficiency-responsibilities-of-judges/16809f007d. 

Council of Europe (2024), Supervision of the execution of judgments and decisions of the European 
Court  of  Human  Rights  –  17th  Annual  Report  of  the  Committee  of  Ministers  –  2023, 
https://rm.coe.int/annual-report-2023/1680af6e81. 

Court  of  Justice  of  the  European  Union,  judgment  of  29  February  2024,  Commission  v  Ireland 
(Services de médias audiovisuels), C-679/22, ECLI:EU:C:2024:178. 

Courts Service (2023), Annual Report 2022, https://www.courts.ie/annual-report. 

Department  of  Enterprise,  Trade  and  Employment  (2023),  Press  Release  -  Minister  Coveney  and 
Minister Calleary welcome Digital Services Bill, https://www.gov.ie/en/press-release/91345-minister-
coveney-and-minister-calleary-welcome-digital-services-bill/.  

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 
https://www.gov.ie/en/publication/d03ff-hamilton-review-group-implementation-plan/. 

(2021),  Hamilton 

Review  Group 

Justice 

Implementation 

of 

Plan, 

31 

 
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/. 

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/.  

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’s Reports, 
https://www.gov.ie/en/publication/1d784-offences-against-the-state-review-report/. 

Department  of  Public  Expenditure,  NDP  Delivery  and  Reform  (2021),  Review  of  the  Freedom  of 
Information Act – Review Roadmap. 

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32 

 
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
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33 

 
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paying 

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34 

 
 
Annex II: Country visit to Ireland 

The Commission services held virtual meetings in February 2024 with: 

•  Advisory Council on Economic Crime and Corruption 
•  Association of Judges of Ireland (AJI) 
•  Bar of Ireland 
•  Coimisiún na Meán 
•  Corporate Enforcement Authority (CEA) 
•  Courts Service 
•  Department of Enterprise, Trade and Employment 
•  Department of Foreign Affairs 
•  Department of Housing, Local Government and Heritage 
•  Department of Justice 
•  Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media 
•  Department of Public Expenditure NDP Delivery and Reform 
•  Garda Anti-Corruption Unit (GACU) 
•  Garda National Economic Crime Bureau (GNECB) 
•  Houses of the Oireachtas Service (Parliament Service) 
• 
• 
• 
• 
•  Law Society of Ireland 
•  Legal Services Regulatory Authority 
•  National Union of Journalists 
•  Office of the Director of Public Prosecution 
•  Office of the Press Ombudsman 
•  RTÉ Ireland's National Television and Radio Broadcaster 
•  Standards in Public Office Commission (SIPO) 
•  The Press Council of Ireland 
•  Transparency International 

Irish Council for Civil Liberties 
Irish Environmental Network 
Irish Human Rights and Equality Commission 
Irish Small and Medium Enterprises Association (ISME) 

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

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe 
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 

35 

 
 
International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute 
Irish Council for Civil LibertiesJEF Europe 

•  European Federation of Journalists 
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

36