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| | [third and fourth Sittings]
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| | Page 7, line 27, leave out Clause 11. |
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| | Page 9, line 1, leave out Clause 13. |
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| | Clause 13, page 9, line 2, at beginning insert ‘Subject to subsection (1A),’. |
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| | Clause 13, page 9, line 4, leave out ‘any function of’ and insert ‘functions relating |
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| | to national security by’. |
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| | | Member’s explanatory statement
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| | | This narrows the circumstances in which the security services can legitimately pay bribes to those |
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| | | in which national security is engaged. |
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| | Clause 13, page 9, line 4, leave out ‘the Security Service, the Secret Intelligence |
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| | Service or GCHQ’ and insert ‘an intelligence service’. |
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| | Clause 13, page 9, line 7, at end insert— |
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| | | ‘(1A) | The head of each intelligence service must ensure that the service has in place |
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| | | arrangements designed to ensure that any conduct of a member of the service |
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| | | which would otherwise be a relevant bribery offence is necessary for a purpose |
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| | | falling within subsection (1)(a). |
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| | | (1B) | The Defence Council must ensure that the armed forces have in place |
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| | | arrangements designed to ensure that any conduct of— |
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| | | (a) | a member of the armed forces who is engaged on active service, or |
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| | | (b) | a civilian subject to service discipline when working in support of any |
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| | | person falling within paragraph (a), |
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| | | | which would otherwise be a relevant bribery offence is necessary for a purpose |
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| | | falling within subsection (1)(b). |
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| | | (1C) | The arrangements which are in place by virtue of subsection (1A) or (1B) must |
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| | | be arrangements which the Secretary of State considers to be satisfactory.’. |
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| | Clause 13, page 9, line 7, at end insert— |
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| | | ‘(1D) | For the purposes of this section, the circumstances in which a person’s conduct is |
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| | | necessary for a purpose falling within subsection (1)(a) or (b) are to be treated as |
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| | | including any circumstances in which the person’s conduct— |
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| | | (a) | would otherwise be an offence under section 2, and |
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| | | (b) | involves conduct by another person which, but for subsection (1)(a) or |
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| | | (b), would be an offence under section 1.’. |
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| | Clause 13, page 9, line 7, at end insert ‘, provided that the defence shall not apply |
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| | in any case where the intention or the effect of the bribe is to induce the purchase of |
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| | weapons or other defence equipment’. |
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| | Clause 13, page 9, line 7, at end insert— |
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| | | ‘(1A) | But the defence shall not be available if the person’s conduct was necessary only |
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| | | for the exercise of functions specified under— |
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| | | (a) | section 1(3) of the Security Service Act 1989; |
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| | | (b) | section 1(2)(b) of the Intelligence Services Act 1994; |
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| | | (c) | section 3(2)(b) of the Intelligence Services Act 1994.’. |
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| | | Member’s explanatory statement
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| | | This rules out the defence in cases where only functions relating to safeguarding the national |
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| | | economic interest are engaged. The defence would still be available in cases involving national |
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| | | security or the prevention and detection of serious crime. |
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| | Clause 13, page 9, line 16, at beginning insert ‘“civilian subject to service |
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| | Clause 13, page 9, line 16, leave out ‘has’ and insert ‘have’. |
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| | Clause 13, page 9, line 18, at end insert— |
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| | | (a) | in relation to the Security Service, the Director General of the |
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| | | (b) | in relation to the Secret Intelligence Service, the Chief of the |
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| | | Secret Intelligence Service, and |
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| | | (c) | in relation to GCHQ, the Director of GCHQ, |
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| | | “intelligence service” means the Security Service, the Secret Intelligence |
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| | Clause 13, page 9, line 22, leave out paragraph (b). |
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| | | Member’s explanatory statement
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| | | This removes offences relating to being bribed from the scope of the offence, so that it could only |
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| | | be used as a defence to offering bribes. |
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| | | Clause, as amended, agreed to on division. |
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| | | Clauses 14 to 17 Agreed to. |
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| | | Schedules 1 and 2 Agreed to. |
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| | | Clauses 18 to 20 Agreed to. |
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| | | Negatived on division NC1 |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State shall make provision for the publication of an annual |
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| | | report to be issued by the Government which shall set out as a minimum— |
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| | | (a) | the Government’s anti-bribery objectives and strategies for the coming |
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| | | year as well as the milestones to be used to assess the success of such |
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| | | (b) | an assessment of the success of the preceding year’s strategies and |
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| | | objectives by way of measurement against pre-determined milestones as |
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| | | expressed in the preceding year’s report; |
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| | | (c) | details of the advisory services that may be used by commercial |
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| | | organisations on a without prejudice basis on the details of how they may |
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| | | (d) | the fee to be paid for the use of such advisory services.’. |
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| | | Negatived on division NC2 |
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| | To move the following Clause:— |
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| | | ‘(1) | The relevant government department shall make provision for a service which |
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| | | shall respond to specific enquiries from any commercial organisation on a |
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| | | without prejudice basis concerning the adequacy of its procedures for the |
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| | | purposes of section 7(2) of this Act. |
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| | | (2) | A response under subsection (1) shall not prevent the Attorney General or |
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| | | relevant Director from consenting to proceedings under section 10 of this Act.’. |
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| | [Adjourned until Tuesday 23 March at 10.30 am |
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