Bribery Act 2010

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Main benefits

• To provide a new, modern and comprehensive scheme of bribery offences that will enable courts and prosecutors to respond more effectively to bribery at home and abroad.
  
  

• The Bill would help us enhance our country’s international reputation for the highest ethical standards.
  
  

Main elements

• The Bill would replace our old and fragmented legislation with a modern and consolidated bribery law, based on the recommendations of the Law Commission.
  
  

• The offences would cover the offering, promising or giving of a bribe and the requesting, agreeing to receive or accepting of a bribe either at home or abroad, in the public or private sectors.
  
  

• The Bill would create a discrete offence of bribery of a foreign public official in order to obtain or retain business.
  
  

• The Bill would create a new offence in relation to commercial organisations which fail to prevent a bribe being paid by those who perform services for or on behalf of the organisation. It will be a defence if the organisation has adequate procedures in place to prevent bribery.
  
  

• The Bill would support business by ensuring that everyone is clear about their responsibilities to do business in an open and honest way, on a level playing field.

Dods commentary

Prosecutors will be able to combat bribery more punitively both at home and abroad, under the provisions of the draft Bribery Bill.

Introduced for pre-legislative scrutiny on March 25 2009, the draft Bill strengthens the legal framework for challenging corruption. It sends a clear message that the UK is committed to maintaining ethical standards in public life and business.

Following calls for a review of bribery laws by the Salmon Commission and Nolan Committee, in 1998 the Law Commission issued a report, Legislating the Criminal Code: Corruption. The commission called for an overhaul of the existing legislation, which it found to be “neither comprehensive, clear nor consistent”.

In response the government published a draft Bill in 2003, but it failed to win support in pre-legislative scrutiny.

In March 2007 the Law Commission was asked again to consider the options for reforming the legislative framework surrounding bribery. In November 2008, the commission published its recommendations.

Professor Jeremy Horder, who led the Law Commission’s report, said:

“We very much hope that the new Bill will change that, and give prosecutors the powers they need to clamp down on corrupt practices, without impinging on the ability of businesses to compete effectively in overseas markets.”

The draft Bill builds on the commission’s proposals, and simplifies legislation covering two general offences. These are the offering, promising or giving of bribes, and the request, agreement to and acceptance of bribes.

The draft Bill also includes provisions for a new offence – bribing foreign public officials to retain a business advantage. And companies that fail to prevent bribes being paid on their behalf may be found guilty under the new offence of negligent failure.

There is also a requirement that prosecutions for bribery cannot proceed without the consent of the director of the relevant prosecuting authority – rather than the Attorney-General’s consent, as in existing law.

The draft Bill follows international criticism of the UK’s management of corruption. In October 2008 the Organisation for Economic Co-operation and Development (OECD) published a report on the application of its anti-bribery convention. The anti-corruption working group said it was “disappointed and seriously concerned” with the “unsatisfactory implementation” of the convention by the UK.

The Joint Committee on the draft Bribery Bill was established to examine the provisions of the Bill. Its report, issued on July 28 2009, welcomed the Bill but emphasised the need for rigorous enforcement.

Progress

House of Lords

1st reading: 19 November 2009 [HL Bill 3]
2nd reading: 9 December 2009
Committee stage:

• 1st sitting: 7 January 2010
• 2nd sitting: 13 January 2010

Report stage: 2 February 2010
3rd reading: 8 February 2010

House of Commons

1st reading: 9 February 2010 (no debate)
2nd reading: 3 March 2010
Programming motion: 3 March 2010
Committee stage:

• 1st sitting: 16 March 2010 (am)
  
• 2nd sitting: 16 March 2010 (pm)
  
• 3rd sitting: 18 March 2010 (am)
  
• 4th sitting: 18 March 2010 (pm)
  
• 5th sitting: 23 March 2010

Report stage: 7 April 2010
3rd reading: 7 April 2010

Royal Assent: 8 April 2010