Published: 25 November 2009
Legislation against Corruption
The government hopes that it can increase the UK’s reputation as ‘one of the least corrupt countries in the world’ with new laws that will enable courts to tackle bribery at home & abroad more effectively.
The Bribery Bill, introduced into Parliament last week, is intended to ensure the UK is ‘at the forefront of the battle against bribery and pave the way for fairer practice by encouraging businesses to adopt anti-bribery safeguards’.
Justice Secretary and anti-corruption champion Jack Straw said:
'Bribery eats away at the heart of both business and public life and has no place in British commerce. It blights free and fair competition and adds to the cost of doing business. It is particularly harmful to trade and development in the fragile economies of the developing world.
'It is important that in this age of international commerce that our law gives the prosecuting authorities the tools they need to deal with bribery swiftly and effectively in the UK and abroad.
'Modernisation of the law is a priority in order to deal with those who offer or accept bribes, and to reinforce transparency and accountability in international business.'
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 failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it has adequate procedures in place to prevent bribery.
These new laws, which modernise and simplify existing legislation, play an important part in the UK’s contribution to the global fight against bribery. They build on a new government strategy to fight foreign bribery which will be published at the end of the year.
Minister for Trade, Investment and Small Business Lord Davies said:
'Bribery distorts competition and has no place in British business. This Bill will ensure that responsible companies are not undercut by unscrupulous competitors.'
Richard Alderman, Director of the Serious Fraud Office said:
'We welcome the positive role the Bill will have in creating an ethical business culture. The removal of the negligence test will make the law clearer for everyone. The Serious Fraud Office looks forward to contributing directly to a common ethical culture for all corporations, large or small, by working with them to improve their procedures.'
The government response to the joint committee review of the Draft Bribery Bill was published last week.
Further information
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