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| New Amendments handed in are marked thus  |
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| Bribery Bill [Lords], As Amended
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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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| 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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| Page 6, line 28 [Clause 10], leave out paragraphs (a) to (c) and insert ‘the Attorney |
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| Page 6, line 33 [Clause 10], leave out paragraphs (a) and (b) and insert ‘the |
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| Page 6, line 35 [Clause 10], leave out subsections (3) to (5) and insert— |
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| | ‘(3) | No proceedings for an offence under this Act may be instituted in England and |
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| | Wales or Northern Ireland by a person— |
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| | (i) | under the direction or instruction of the Director of Public |
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| | Prosecutions, the Director of the Serious Fraud Office or the |
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| | Director of Revenue and Customs Prosecutions, or |
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| | (ii) | on behalf of such a Director, or |
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| | (b) | to whom such a function has been assigned by such a Director, |
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| | | except with the consent of the Director concerned to the institution of the |
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| | (4) | The Director of Public Prosecutions, the Director of the Serious Fraud Office and |
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| | the Director of Revenue and Customs Prosecutions must exercise personally any |
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| | function under subsection (1), (2) or (3) of giving consent. |
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| | (5) | The only exception is if— |
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| | (a) | the Director concerned is unavailable, and |
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| | (b) | there is another person who is designated in writing by the Director |
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| | acting personally as the person who is authorised to exercise any such |
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| | function when the Director is unavailable. |
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| | (6) | In that case, the other person may exercise the function but must do so personally. |
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| | (7) | Subsections (4) to (6) apply instead of any other provisions which would |
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| | otherwise have enabled any function of the Director of Public Prosecutions, the |
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| | Director of the Serious Fraud Office or the Director of Revenue and Customs |
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| | Prosecutions under subsection (1), (2) or (3) of giving consent to be exercised by |
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| | a person other than the Director concerned. |
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| | (8) | No proceedings for an offence under this Act may be instituted in Northern |
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| | Ireland by virtue of section 36 of the Justice (Northern Ireland) Act 2002 |
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| | (delegation of the functions of the Director of Public Prosecutions for Northern |
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| | Ireland to persons other than the Deputy Director) except with the consent of the |
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| | Director of Public Prosecutions for Northern Ireland to the institution of the |
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| | (9) | The Director of Public Prosecutions for Northern Ireland must exercise |
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| | personally any function under subsection (2) or (8) of giving consent unless the |
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| | function is exercised personally by the Deputy Director of Public Prosecutions for |
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| | Northern Ireland by virtue of section 30(4) or (7) of the Act of 2002 (powers of |
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| | Deputy Director to exercise functions of Director). |
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| | (10) | Subsection (9) applies instead of section 36 of the Act of 2002 in relation to the |
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| | functions of the Director of Public Prosecutions for Northern Ireland and the |
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| | Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case |
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| | may be) by virtue of, subsections (2) and (8) above of giving consent.’. |
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| Page 7, line 2 [Clause 10], at end insert— |
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| | ‘(6) | Consent may not be given for the institution of proceedings under subsection (1) |
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| | or (2) in respect of conduct which was specifically authorised in advance under |
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| | (a) | the Secretary of State, or |
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| | (b) | a senior official, but only if the Secretary of State has expressly and |
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| | personally authorised the giving of the authorisation and considers the |
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| | case to be urgent, and a statement of those facts is endorsed on the |
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| | (7) | An authorisation shall not be given for the purposes of subsection (6) unless the |
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| | Secretary of State is satisfied that the conduct is necessary for one of the functions |
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| | (8) | An authorisation for the purposes of subsection (6) ceases to have effect— |
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| | (a) | at the end of the period of six months starting with the day on which it |
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| | was given, if it was given under the hand of the Secretary of State, and |
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| | (b) | at the end of one week after the day on which it was given, if it was given |
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| | under the hand of a senior official. |
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| | (9) | Subsection (8) does not apply if the authorisation is renewed under subsection |
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| | (10) before the day on which it would otherwise cease to have effect. |
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| | (10) | The Secretary of State may renew an authorisation for a period of six months |
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| | starting on the day on which it would otherwise cease to have effect if, at any time |
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| | before that day, the Secretary of State considers it necessary for the authorisation |
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| | to continue to have effect for the purpose for which it was given. |
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| | (11) | Subsection (10) may apply more than once. |
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| | (12) | A renewal under subsection (10) must be made under the hand of the Secretary of |
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| | (13) | The Secretary of State must cancel an authorisation if he is satisfied that an act or |
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| | omission authorised by virtue of it is no longer necessary for the purpose for |
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| | (14) | For the purposes of this section, “senior official” has the meaning given by |
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| | section 81 of the Regulation of Investigatory Powers Act 2000.’. |
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| Page 8, line 25 [Clause 13], leave out ‘an intelligence service’ and insert ‘the |
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| Security Service, the Secret Intelligence Service or GCHQ’. |
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| Page 8, line 28 [Clause 13], leave out subsections (2) to (5). |
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| Page 9, line 15 [Clause 13], leave out to end of line 22. |
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| | Order of the House [3 March 2010] |
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| | That the following provisions shall apply to the Bribery Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 25 March 2010. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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