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Straw: New laws to aid global fight against bribery

MINISTRY OF JUSTICE News Release (042-09) issued by The Government News Network on 25 March 2009

New laws to help the UK fight bribery have today been proposed by Justice Secretary Jack Straw.

The draft Bribery Bill intends to transform the criminal law on bribery, modernising and simplifying existing legislation to allow prosecutors and the courts to deal with bribery more effectively.

It will also promote and support ethical practice by encouraging businesses to put in place anti-bribery safeguards that ensure all employees are aware of the risks surrounding bribery and that adequate systems exist to manage these.

Justice Secretary Jack Straw said:

"Bribery blights free and fair competition and adds to the cost of doing business. It has no place in British business.

"Modernisation of the law is a priority to deal with those who offer or accept bribes, and to reinforce transparency and accountability in international business. That is why we are committed to the foundation of a new and consolidated criminal law of bribery. This Bill will better help the police, prosecutors and courts to tackle bribery wherever it occurs."

The proposed Bill will:

* Make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad. The measures cover bribery of a foreign public official.

* Increase the maximum penalty for bribery from seven to 10 years' imprisonment, with an unlimited fine.

* Introduce a corporate offence of negligent failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it generally has good systems in place to prevent bribery.

* Ensure evidence from proceedings in Parliament can be considered by the Courts in bribery cases by removing Parliamentary Privilege in the prosecution of an MP or Peer.

The draft Bill distinguishes between bribery and legitimate business exchanges by setting out the circumstances in which a criminal offence has been committed.

Trade Minister Gareth Thomas said:

"There is no excuse for bribery - it cheats consumers and honest businesses alike. These proposals will make sure that anyone who resorts to it faces the full force of the law.

"British businesses must meet the highest ethical standards in all their activities, both in the UK and around the world."

Serious Fraud Office Director Richard Alderman said:

"This is an excellent step forward in providing a modern legislative framework to tackle alleged bribery offending."

Detective Chief Superintendent in the Economic Crime Department at the City of London Police, Steve Head, said:

"Whilst successfully employing existing legislation against UK and overseas individuals, we welcome the introduction of the Draft Bribery Bill to further assist us in our fight against corporately corrupt companies operating in the UK and abroad.

"Had we been able to employ this proposed bribery legislation earlier, our effectiveness in seeking out the full extent of corporate criminal liability might well have proved greater."

On his role as the Government's Anti-Corruption Champion, Jack Straw, commented:

"The Government has undertaken a concerted programme of action over the last two years to co-ordinate and to improve our anti-corruption systems through annual anti-corruption action plans. I will drive forward work to develop a comprehensive UK strategy for tackling foreign bribery, which includes the draft Bribery Bill. This will strengthen our work with international partners, establishing a clear legal, regulatory and policy framework."

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Notes to Editors:

1. Copies of the documents are available at: http://www.justice.gov.uk/publications/draft-bribery-bill.htm

2. The draft Bribery Bill will replace offences in common law and the Prevention of Corruption Acts 1889-1916.

3. The draft Bill will undergo pre-legislative scrutiny by a committee, to be nominated by the Parliamentary authorities.

4. The UK is recognised as one of the least corrupt countries in the world - third of G8 countries according to Transparency International's Corruption Perception Index.

5. The Government's draft Bribery Bill follows publication of the Law Commission's report "Reforming Bribery" on 20 November 2008. The Law Commission's report considered the law on bribery with a view to modernisation, consolidation and reform.

News Release
http://www.justice.gov.uk