1309

House of Commons

Wednesday 7 April 2010

Consideration of Bill

New Amendments handed in are marked thus

Bribery Bill [Lords], As Amended

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new clauses

Annual strategy report

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

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

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

Advisory Service

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

NC2

To move the following Clause:—

Consideration of Bill: 7 April 2010

1310

Bribery Bill [Lords], continued

‘(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.’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

1

Page  6,  line  28  [Clause  10],  leave out paragraphs (a) to (c) and insert ‘the Attorney

General’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

2

Page  6,  line  33  [Clause  10],  leave out paragraphs (a) and (b) and insert ‘the

Attorney General’.

Secretary Jack Straw

7

Page  6,  line  35  [Clause  10],  leave out subsections (3) to (5) and insert—

‘(3)	No proceedings for an offence under this Act may be instituted in England and

Wales or Northern Ireland by a person—

(a)	who is acting—

(i)	under the direction or instruction of the Director of Public

Prosecutions, the Director of the Serious Fraud Office or the

Director of Revenue and Customs Prosecutions, or

(ii)	on behalf of such a Director, or

(b)	to whom such a function has been assigned by such a Director,

except with the consent of the Director concerned to the institution of the

proceedings.

(4)	The Director of Public Prosecutions, the Director of the Serious Fraud Office and

the Director of Revenue and Customs Prosecutions must exercise personally any

function under subsection (1), (2) or (3) of giving consent.

(5)	The only exception is if—

(a)	the Director concerned is unavailable, and

(b)	there is another person who is designated in writing by the Director

acting personally as the person who is authorised to exercise any such

function when the Director is unavailable.

(6)	In that case, the other person may exercise the function but must do so personally.

(7)	Subsections (4) to (6) apply instead of any other provisions which would

otherwise have enabled any function of the Director of Public Prosecutions, the

Director of the Serious Fraud Office or the Director of Revenue and Customs

Prosecutions under subsection (1), (2) or (3) of giving consent to be exercised by

a person other than the Director concerned.

Consideration of Bill: 7 April 2010

1311

Bribery Bill [Lords], continued

(8)	No proceedings for an offence under this Act may be instituted in Northern

Ireland by virtue of section 36 of the Justice (Northern Ireland) Act 2002

(delegation of the functions of the Director of Public Prosecutions for Northern

Ireland to persons other than the Deputy Director) except with the consent of the

Director of Public Prosecutions for Northern Ireland to the institution of the

proceedings.

(9)	The Director of Public Prosecutions for Northern Ireland must exercise

personally any function under subsection (2) or (8) of giving consent unless the

function is exercised personally by the Deputy Director of Public Prosecutions for

Northern Ireland by virtue of section 30(4) or (7) of the Act of 2002 (powers of

Deputy Director to exercise functions of Director).

(10)	Subsection (9) applies instead of section 36 of the Act of 2002 in relation to the

functions of the Director of Public Prosecutions for Northern Ireland and the

Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case

may be) by virtue of, subsections (2) and (8) above of giving consent.’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

3

Page  7,  line  2  [Clause  10],  at end insert—

‘(6)	Consent may not be given for the institution of proceedings under subsection (1)

or (2) in respect of conduct which was specifically authorised in advance under

the hand of—

(a)	the Secretary of State, or

(b)	a senior official, but only if the Secretary of State has expressly and

personally authorised the giving of the authorisation and considers the

case to be urgent, and a statement of those facts is endorsed on the

authorisation.

(7)	An authorisation shall not be given for the purposes of subsection (6) unless the

Secretary of State is satisfied that the conduct is necessary for one of the functions

stated in section 13(1).

(8)	An authorisation for the purposes of subsection (6) ceases to have effect—

(a)	at the end of the period of six months starting with the day on which it

was given, if it was given under the hand of the Secretary of State, and

(b)	at the end of one week after the day on which it was given, if it was given

under the hand of a senior official.

(9)	Subsection (8) does not apply if the authorisation is renewed under subsection

(10) before the day on which it would otherwise cease to have effect.

(10)	The Secretary of State may renew an authorisation for a period of six months

starting on the day on which it would otherwise cease to have effect if, at any time

before that day, the Secretary of State considers it necessary for the authorisation

to continue to have effect for the purpose for which it was given.

(11)	Subsection (10) may apply more than once.

(12)	A renewal under subsection (10) must be made under the hand of the Secretary of

State.

(13)	The Secretary of State must cancel an authorisation if he is satisfied that an act or

omission authorised by virtue of it is no longer necessary for the purpose for

which it was given.

Consideration of Bill: 7 April 2010

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Bribery Bill [Lords], continued

(14)	For the purposes of this section, “senior official” has the meaning given by

section 81 of the Regulation of Investigatory Powers Act 2000.’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

4

Page  8,  line  25  [Clause  13],  leave out ‘an intelligence service’ and insert ‘the

Security Service, the Secret Intelligence Service or GCHQ’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

5

Page  8,  line  28  [Clause  13],  leave out subsections (2) to (5).

Mr Dominic Grieve

Mr Edward Garnier

Mr Jonathan Djanogly

Jeremy Wright

6

Page  9,  line  15  [Clause  13],  leave out to end of line 22.

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.

Consideration of Bill: 7 April 2010

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Bribery Bill [Lords], continued

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.

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Revised 7 April 2010