Legal

Loophole allows firms here to avoid prosecution for criminal offences

The situation in Ireland differs to UK where a recent economic crime law made it easier to prosecute companies for fraud committed by managers

Shelley Horan, barrister: recommendations to ensure firms can be held liable for serious offences such as fraud have not been implemented. Picture: Fergal Phillips

Large companies are avoiding criminal prosecution for serious offences like fraud due to a legal loophole in Ireland, a leading lawyer has said.

Shelley Horan, a barrister practising in corporate law and experienced in dealing with white collar crime cases, said recommendations to ensure that companies can be held liable for serious offences like fraud have not been implemented in Ireland.

She said this was despite previous calls for a legislative change.

“As a company ...