Misconduct in public office.

political analyst

As far as I know, the offence known as "misconduct in public office" exists in common law in England & Wales and Northern Ireland.



In England & Wales there have been several convictions on that charge in England & Wales, e.g. the newspaper phone-hacking cases, and one case that I know of in Northern Ireland.


https://www.bbc.com/news/uk-northern-ireland-26971485


Does that offence exist in law in the Republic?

Edgware

political analyst wrote: »

As far as I know, the offence known as "misconduct in public office" exists in common law in England & Wales and Northern Ireland.



In England & Wales there have been several convictions on that charge in England & Wales, e.g. the newspaper phone-hacking cases, and one case that I know of in Northern Ireland.


https://www.bbc.com/news/uk-northern-ireland-26971485


Does that offence exist in law in the Republic?

"Misconduct in public office" an offence in the Republic ??
Thats a good one. Any more jokes

political analyst

Edgware wrote: »

"Misconduct in public office" an offence in the Republic ??
Thats a good one. Any more jokes

Why do you think I was joking?


The Republic is, like Northern Ireland and England & Wales, a common-law jurisdiction. Presumably, that means that an offence that existed in law when all of the island of Ireland was part of the UK still exists unless it has been decriminalised or replaced by a statutory offence.

Carawaystick

The second poster might have been referring to the Realpolitik in Ireland, where Misconduct in Public Office is almost never treated as an issue by the authorities,
Willie O'Dea, while a govt minister, lied under oath at the High court, to try impugn a SF politician. Was never charged
Bertie Ahern lied about the source of monies he got and the reasons for them while Taoiseach. He also lied about his education record while Taoiseach.

Fann Linn

Carawaystick wrote: »

The second poster might have been referring to the Realpolitik in Ireland, where Misconduct in Public Office is almost never treated as an issue by the authorities,
Willie O'Dea, while a govt minister, lied under oath at the High court, to try impugn a SF politician. Was never charged
Bertie Ahern lied about the source of monies he got and the reasons for them while Taoiseach. He also lied about his education record while Taoiseach.

And thats only the start.

Atlantic Dawn

Sure driving up motorways the wrong way slaughtered drunk is only for the craic like, no harm in it.

Sleeper12

Carawaystick wrote:

The second poster might have been referring to the Realpolitik in Ireland, where Misconduct in Public Office is almost never treated as an issue by the authorities, Willie O'Dea, while a govt minister, lied under oath at the High court, to try impugn a SF politician. Was never charged Bertie Ahern lied about the source of monies he got and the reasons for them while Taoiseach. He also lied about his education record while Taoiseach.

That money was only resting in my account!

Carawaystick

Sleeper12 wrote: »

That money was only resting in my account!

What account? The Minister for Finance has no accounts....


Also Fine Gael seem to not care about convict Lowry

nuac

Mod
Could we try to keep this to topic rather than party political handbagging?

Under His Eye

Does the OP not mean Malfeasance/Misfeasance in Public Office?

political analyst

Under His Eye wrote: »

Does the OP not mean Malfeasance/Misfeasance in Public Office?

That's a civil offence.

GM228

Under His Eye wrote: »

Does the OP not mean Malfeasance/Misfeasance in Public Office?

Malfeasance (US)/Misfeasance (UK) is a tort.

political analyst wrote: »

That's a civil offence.

We do not have civil offences in this jurisdiction.

GM228

Back to the OPs query, misconduct in public office is a common law offence dating from the13th century.

The offence has never been used here, however in DPP vs Bartley (13 June 1997, unreported) High Court Mr. Justice Carney gave approval (obiter) to a UK case R vs Dytham [1979] 2 All ER 641 (CA) (which is a leading authority on the issue) in applying it's principles to members of the Gardaí thus confirming the offence was in force here (at least for Gardaí) for a limited time - just 39 days later the offence was abolished due to the introduction of the Criminal Law Act 1997.

political analyst

GM228 wrote: »

Malfeasance (US)/Misfeasance (UK) is a tort.





We do not have civil offences in this jurisdiction.

Aren't a tort and a civil offence the same thing?



I used the term "civil offence" to distinguish from "criminal offence".



I vaguely remember the term "civil offence" being used by a character to refer to trespassing when he was being questioned on "The Bill".

Under His Eye

No such thing as a "civil offence". They are torts that are actionable in the civil courts.