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Corruption/Bribery Law Reform (Government Response)

Volume 457: debated on Monday 5 March 2007

I am announcing the publication today of the summary of responses and next steps arising from the Government’s consultation paper on reform of the laws of bribery. The consultation sought views on proposals on how to amend the bribery law in England, Wales and Northern Ireland.

The consultation has confirmed that there is broad support for reform of the Prevention of Corruption Acts. The Government remain committed to a fundamental reform of our bribery laws and we shall bring forward legislative proposals as soon as we are in a position to do so.

It is clear that there is significant and influential opposition to the Government’s draft Bill of 2003 and we have therefore concluded that that Bill is unsuitable for presentation to Parliament. However, no consensus has emerged from the consultation as to what the scheme of new offences should look like. There remains fundamental disagreement between stakeholders as to which of a number of differing models should be adopted. I regret to conclude that there is insufficient support for any one particular model to justify its being submitted to Parliament at this time.

The Government are therefore asking the Law Commission to undertake a thorough review of our bribery laws with a view to fundamental reform and in so doing to look at the full range of structural options for the scheme of bribery offences. Since the Law Commission last considered this area of law the context of reform has moved on. The Law Commission will take into account the issues and views that have emerged during the course of our work since the introduction of the 2003 draft Bill. This includes additional practical experience of UK law enforcers in operating the existing law and other countries’ experience of implementing international conventions in this area. We are also asking the Law Commission to look at the wider context on corrupt practices so that it will be clear how existing provisions complement the law of bribery. This part of the review will comprise a summary of provisions and not recommendations for reform. I have written to the Law Commission today setting out the agreed terms of reference for their review. A copy of the terms of reference is attached.

We are asking the Law Commission to prioritise its review and to produce a draft Bill. We will make additional resources available to expedite the process.

The consultation also sought views on a separate operational proposal to amend and enhance the Serious Fraud Office’s powers in foreign bribery cases. This proposal was on balance favourably received. We shall take forward this proposal as soon as a suitable legislative vehicle has been identified.

Copies of the summary of responses and next steps document will be placed in the Libraries of both Houses. The document will also be available on the Home Office website at: http://www.homeoffice.gov.uk/about-us/haveyoursay/responses

Law Commission’s Terms of Reference—Bribery

1. To review the various elements of the law on bribery with a view to modernisation, consolidation and reform; and to produce a draft Bill. The review will consider the full range of structural options including a single general offence covering both public and private sectors, separate offences for the public and private sectors, and an offence dealing separately with bribery of foreign public officials. The review will make recommendations that:

(a) provide coherent and clear offences which protect individuals and society and provide clarity for investigators and prosecutors;

(b) enable those convicted to be appropriately punished;

(c) are fair and non-discriminatory in accordance with the European Convention on Human Rights and the Human Rights Act 1998; and

(d) continue to ensure consistency with the UK’s international obligations.

2. The process used will be open, inclusive and evidence-based and will involve:

(a) a review structure that will look to include key stakeholders;

(b) consultation with the public, criminal justice practitioners, academics, parliamentarians, and non-governmental organisations;

(c) consideration of the previous attempts at reform (including the recent Home Office consultation) and the experiences of law enforcement and prosecutors in using the current law; and

(d) comparing, in so far as is possible, the experience in England and Wales with that in other countries: this will include making international comparisons, in particular looking at relevant international conventions and the body of experience around their implementation.

3. The review will also look at the wider context on corrupt practices to see how the various provisions complement the law of bribery. This will provide the wider context in which the specific reform of bribery law can be considered. This part of the review will comprise a summary of provisions, not recommendations for reform.