31

House of Commons

Thursday 18 March 2010

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Bribery Bill [Lords]

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Note

The Amendments have been arranged in accordance with the Order of the

Committee [16 March 2010].

Mr Jonathan Djanogly

18

Page  7,  line  27,  leave out Clause 11.

David Howarth

19

Page  9,  line  1,  leave out Clause 13.

David Howarth

23

Clause  13,  page  9,  line  2,  at beginning insert ‘Subject to subsection (1A),’.

David Howarth

20

Clause  13,  page  9,  line  4,  leave out ‘any function of’ and insert ‘functions relating

to national security by’.

Member’s explanatory statement

This narrows the circumstances in which the security services can legitimately pay bribes to those

in which national security is engaged.

Public Bill Committee: 18 March 2010

32

Bribery Bill[Lords], continued

Claire Ward

26

Clause  13,  page  9,  line  4,  leave out ‘the Security Service, the Secret Intelligence

Service or GCHQ’ and insert ‘an intelligence service’.

Claire Ward

27

Clause  13,  page  9,  line  7,  at end insert—

‘(1A)

The head of each intelligence service must ensure that the service has in place

arrangements designed to ensure that any conduct of a member of the service

which would otherwise be a relevant bribery offence is necessary for a purpose

falling within subsection (1)(a).

(1B)	The Defence Council must ensure that the armed forces have in place

arrangements designed to ensure that any conduct of—

(a)	a member of the armed forces who is engaged on active service, or

(b)	a civilian subject to service discipline when working in support of any

person falling within paragraph (a),

which would otherwise be a relevant bribery offence is necessary for a purpose

falling within subsection (1)(b).

(1C)	The arrangements which are in place by virtue of subsection (1A) or (1B) must

be arrangements which the Secretary of State considers to be satisfactory.’.

Claire Ward

31

Clause  13,  page  9,  line  7,  at end insert—

‘(1D)

For the purposes of this section, the circumstances in which a person’s conduct is

necessary for a purpose falling within subsection (1)(a) or (b) are to be treated as

including any circumstances in which the person’s conduct—

(a)	would otherwise be an offence under section 2, and

(b)	involves conduct by another person which, but for subsection (1)(a) or

(b), would be an offence under section 1.’.

David Howarth

22

Clause  13,  page  9,  line  7,  at end insert ‘, provided that the defence shall not apply

in any case where the intention or the effect of the bribe is to induce the purchase of

weapons or other defence equipment’.

David Howarth

24

Clause  13,  page  9,  line  7,  at end insert—

‘(1A)

But the defence shall not be available if the person’s conduct was necessary only

for the exercise of functions specified under—

(a)	section 1(3) of the Security Service Act 1989;

(b)	section 1(2)(b) of the Intelligence Services Act 1994;

(c)	section 3(2)(b) of the Intelligence Services Act 1994.’.

Member’s explanatory statement

This rules out the defence in cases where only functions relating to safeguarding the national

economic interest are engaged. The defence would still be available in cases involving national

security or the prevention and detection of serious crime.

Public Bill Committee: 18 March 2010

33

Bribery Bill[Lords], continued

Claire Ward

28

Clause  13,  page  9,  line  16,  at beginning insert ‘“civilian subject to service

discipline” and’.

Claire Ward

29

Clause  13,  page  9,  line  16,  leave out ‘has’ and insert ‘have’.

Claire Ward

30

Clause  13,  page  9,  line  18,  at end insert—

‘“head” means—

(a)	in relation to the Security Service, the Director General of the

Security Service,

(b)	in relation to the Secret Intelligence Service, the Chief of the

Secret Intelligence Service, and

(c)	in relation to GCHQ, the Director of GCHQ,

“intelligence service” means the Security Service, the Secret Intelligence

Service or GCHQ,’.

David Howarth

21

Clause  13,  page  9,  line  22,  leave out paragraph (b).

Member’s explanatory statement

This removes offences relating to being bribed from the scope of the offence, so that it could only

be used as a defence to offering bribes.

New Clauses

Annual strategy report

Mr Jonathan Djanogly

NC1

To move the following Clause:—

‘The Secretary of State shall make provision for the publication of an annual

report to be issued by the Government which shall set out as a minimum—

(a)	the Government’s anti-bribery objectives and strategies for the coming

year as well as the milestones to be used to assess the success of such

strategies;

(b)	an assessment of the success of the preceding year’s strategies and

objectives by way of measurement against pre-determined milestones as

expressed in the preceding year’s report;

(c)	details of the advisory services that may be used by commercial

organisations on a without prejudice basis on the details of how they may

be contacted, and

Public Bill Committee: 18 March 2010

34

Bribery Bill[Lords], continued

(d)	the fee to be paid for the use of such advisory services.’.

Advisory service

Mr Jonathan Djanogly

NC2

To move the following Clause:—

‘(1)	The relevant government department shall make provision for a service which

shall respond to specific enquiries from any commercial organisation on a

without prejudice basis concerning the adequacy of its procedures for the

purposes of section 7(2) of this Act.

(2)	A response under subsection (1) shall not prevent the Attorney General or

relevant Director from consenting to proceedings under section 10 of this Act.’.

Advisory service - fee

Mr Jonathan Djanogly

NC3

To move the following Clause:—

‘(1)	The advisory service provided by a government department shall be entitled to

charge those commercial organisations making specific enquiries pursuant to

section [Advisory service] above, a fee.

(2)	The Secretary of State shall determine the fee payable under subsection (1) on an

annual basis and the amount so determined will be detailed in the annual strategy

report published pursuant to section [Annual strategy report].’.

Facilitation payments

Mr Jonathan Djanogly

NC4

To move the following Clause:—

‘A person is not guilty of an offence under sections 1, 2 or 6 if the offer, promise

or giving of a financial or other advantage is—

(a)	necessary to expedite a routine government action or to prevent damage

to an important commercial interest,

(b)	reasonable in amount given the circumstances,

(c)	a single payment,

(d)	considered customary in the situation by those usually subject to such

routine government action, and

Public Bill Committee: 18 March 2010

35

Bribery Bill[Lords], continued

(e)	the person has no other reasonable alternative in the circumstances to

expedite the action referred to in paragraph (a).’.

Hospitality payments

Mr Jonathan Djanogly

NC5

To move the following Clause:—

‘A person is not guilty of an offence under sections 1, 2 or 6 if the offer, promise

or giving of a financial or other advantage is a reasonable hospitality payment as

specified in the guidance to be provided pursuant to section 9.’.

Extortion payments

Mr Jonathan Djanogly

NC6

To move the following Clause:—

‘A person is not guilty of an offence under sections 1, 2 or 6 if the offer, promise

or giving of a financial or other advantage is the subject of an act of extortion as

specified in the guidance to be provided pursuant to section 9.’.

Exclusion from prosecution under other statutes

Mr Jonathan Djanogly

NC7

To move the following Clause:—

‘An individual or other person prosecuted for an offence under this Act shall not

be subject to proceedings under the provisions of the Proceeds of Crime Act 2002

or other statute by virtue of the acts or omissions which gave rise to the

proceedings under this Act.’.

Claire Ward

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Public Bill Committee: 18 March 2010

36

Bribery Bill[Lords], continued

Order of the House [3 March 2010]

That the following provisions shall apply to the Bribery Bill [Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 25 March 2010.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [16 march 2010]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

16 March) meet—

(a)	at 4.00 pm on Tuesday 16 March;

(b)	at 9.30 am and 1.00 pm on Thursday 18 March;

(c)	at 10.30 am and 4.00 pm on Tuesday 23 March;

(d)	at 9.30 am and 1.00 pm on Thursday 25 March;

(2)	the proceedings shall be taken in the following order: Clauses 1 to 17;

Schedules 1 and 2; Clauses 18 to 20; new Clauses; new Schedules; remaining

proceedings on the Bill;

(3)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 25 March.

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Revised 18 March 2010