Draft Bribery Bill - Joint Committee on the Draft Bribery Bill

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Joint Committee on the Draft Bribery Bill Publications

Joint Committee on the Draft Bribery Bill - First Report
Draft Bribery Bill

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 16 July 2009.

CONTENTS

Terms of Reference

REPORT

SUMMARY

1  INTRODUCTION

2  BACKGROUND

The need for law reform
The draft Bribery Bill
The Defence Industry: a case study

3  THE OFFENCES OF BRIBING AND BEING BRIBED

Clarity of the "improper" performance test
Scope of "improper" performance

(a) Too broad?
(b) Too narrow?

"Improper" performance: our view
Cultural differences
Knowledge and intention: clause 2
Overlapping offences

4  BRIBERY OF FOREIGN PUBLIC OFFICIALS

"Legitimately due"
A "reasonable belief" defence

5  NEGLIGENT FAILURE BY ORGANISATIONS

Too complex and narrow?
Gross negligence?
A civil regime?
The "adequate procedures" defence

(a) Meaning
(b) Senior officers

Subsidiaries, joint ventures and syndicates

6  GUIDANCE

(a) Status
(b) Content
(c) Timing
(d) A formal advisory service?

7  SPECIAL CASES

Facilitation payments
Corporate hospitality
Offset

8  JURISDICTION

Individuals
Companies
Overseas Territories and Crown Dependencies
Scotland

9  THE ATTORNEY GENERAL

Powers of consent
Powers of delegation

10  ARTICLE 5, OECD CONVENTION

11  PENALTIES

Unlimited fine
Confiscation
Debarment
Other penalties

12  THE SECURITY SERVICES

13  PRIVILEGE

Background
Evidence of need for legislation on privilege
The public interest test
The compromise in 2003
The case for consistency

14  WIDER ISSUES

Enforcement and deterrence
Impact on the private sector
Review
Time allocated for pre-legislative scrutiny

CONCLUSIONS AND RECOMMENDATIONS

ANNEX 1

Review of the Draft Bribery Bill Impact Assessment by the House of Commons Scrutiny Unit

Introduction
Analysis of the IA
IA Summary: Analysis and Evidence (p2)
Evidence Base: Background and reasons for Government Intervention (pp 3-4)
Evidence Base: Policy Objectives (pp 4-6)
Evidence Base: Criminal Justice Costs (pp 7-8)
Evidence Base: Costs on the private sector (pp 8-9)
Other issues: further consultation of business
Other issues: Competition Assessment
Other issues: post implementation review

ANNEX 2

FOREIGN CORRUPT PRACTICES ACT: ANTIBRIBERY PROVISIONS—LAY PERSON'S GUIDE PUBLISHED BY THE US DEPARTMENT OF JUSTICE
Introduction
Background
Enforcement
Antibribery Provisions

Third Party Payments

Permissible Payments and Affirmative Defenses

Facilitating Payments for Routine Governmental Actions
Affirmative Defenses

Sanctions Against Bribery

Civil
Other Governmental Action
Private Cause of Action

Guidance from the Government

FORMAL MINUTES
WITNESSES
LIST OF WRITTEN EVIDENCE

MINUTES OF EVIDENCE - VOLUME II (HL115-II/HC430-II)

Thursday 14 May 2009
Wednesday 20 May 2009
Tuesday 2 June 2009
Wednesday 3 June 2009
Wednesday 10 June 2009
Thursday 11 June 2009
Wednesday 17 June 2009
Thursday 25 June 2009

WRITTEN EVIDENCE - VOLUME II (HL115-II/HC430-II)

© Parliamentary copyright 2009
Prepared 28 July 2009