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Corruption

Volume 688: debated on Wednesday 10 January 2007

asked Her Majesty's Government:

Whether they have abandoned their decision set out in paragraph 18 of the Home Office Consultation Paper of December 2005, Reform of the Prevention of Corruption Acts and Serious Fraud Office (SFO) Powers in Cases of Bribery of Foreign Officials, to replace the requirement of the Attorney-General's consent to a prosecution by a power for the Director of the SFO to do so, in view of the SFO's lead role in foreign bribery cases. [HL983]

No, the Government's position concerning the consent for prosecution in corruption cases remains that stated in the Home Office's consultation paper of December 2005. When we reform our corruption laws, we intend to replace this requirement with a requirement for consent to be given by the Director of Public Prosecutions or a nominated deputy and to add a power for consent to be given by the director of the Serious Fraud Office.

Under our existing law, a prosecution under either the Public Bodies Corrupt Practices Act 1889 or Prevention of Corruption Act 1906 requires the consent of the Attorney-General.

asked Her Majesty's Government:

What measures have been introduced to comply with the obligations undertaken by the United Kingdom on ratification of the European Criminal Law Convention on Corruption to grant specialised authorities fighting corruption the necessary independence in order for them to carry out their functions effectively and free from any undue pressure. [HL984]

The UK is fully compliant with its obligations under the Council of Europe's Criminal Law Convention on Corruption. Article 20 of that convention requires each party to the convention to ensure that specialised authorities in the fight against corruption have the necessary independence to carry out their functions effectively and free from any undue pressure. The objectives of this provision are also replicated in the Guiding Principles on the Fight against Corruption agreed by the Committee of Ministers of the Council of Europe. No specific new measures were required for the UK to comply with these provisions. Police and prosecution authorities already possess the necessary independence to carry out their functions effectively and free from undue pressure. While under our existing law a prosecution under either the Public Bodies Corrupt Practices Act 1889 or Prevention of Corruption Act 1906 requires the consent of the Attorney-General, the Attorney-General does not exercise his prosecution functions as a member of the Government but as an impartial guardian of the public interest.