FORMAL MINUTES
Extract from the House of Lords Minutes of Proceedings
of Monday 30 March 2009
Draft Bribery Bill The
Lord President (Baroness Royall of Blaisdon) moved that it is
expedient that a joint committee of Lords and Commons be appointed
to consider and report on the draft Bribery Bill presented to
both Houses on 25 March (Cm 7570) and that the committee should
report on the draft Bill by 21 July. The motion was agreed to
and a message was sent to the Commons.
Extract from the Votes and Proceedings of the
House of Commons of Monday 27 April 2009
Draft Bribery Bill (Joint Committee)
Resolved, That this House concurs with the Lords
Message of 30 March, that it is expedient that a Joint Committee
of Lords and Commons be appointed to consider and report on any
draft Bribery Bill presented to both Houses.
That a Select Committee of twelve Members be
appointed to join with the Committee appointed by the Lords to
consider the draft Bribery Bill (Cm 7570).
That the Committee should report by 21 July 2009.
That the Committee shall have power—
(i) to send for persons, papers and records;
(ii) to sit notwithstanding any adjournment of the
House;
(iii) to report from time to time;
(iv) to appoint specialist advisers;
(v) to adjourn from place to place within the United
Kingdom; and
That Mr David S. Borrow, Mr Alistair Carmichael,
Mr Geoffrey Cox, Mary Creagh, Mr Jonathan Djanogly, Mr Bruce George,
Linda Gilroy, Dr Brian Iddon, Martin Linton, Mr Virendra Sharma,
Dr Desmond Turner and Jeremy Wright be members of the Committee.—(Ms
Diana R. Johnson.)
Extract from the House of Lords Minutes of Proceedings
of Monday 11 May 2009
Draft Bribery Bill The
Chairman of Committees moved that the Commons message of 28 April
be considered and that a Committee of twelve Lords members be
appointed to join with the Committee appointed by the Commons
to consider and report on the draft Bribery Bill presented to
both Houses on 25 March (Cm 7570) and that the Committee should
report on the draft Bill by 21 July 2009;
That the following members be appointed to the Committee:
L. Anderson of Swansea
V. Colville of Culross
L. Goodhart
L. Grabiner
B. Henig
L. Lyell of Markyate
| L. Mayhew of Twysden
E. Onslow
L. Sheikh
L. Thomas of Gresford
B. Whitaker
L. Williamson of Horton;
|
That the Committee have power to agree with the Committee appointed
by the Commons in the appointment of a Chairman;
That the Committee have power to send for persons, papers and
records;
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place within
the United Kingdom;
That the Committee have leave to report from time to time;
That the reports of the Committee from time to time shall be printed,
regardless of any adjournment of the House;
That the evidence taken by the Committee shall, if the Committee
so wishes, be published; and
That the Committee meet with the Committee appointed by the Commons
on Tuesday 12 May at 10.30am in the Boothroyd Room, Portcullis
House.
The motion was agreed to and a message was sent to the Commons.
Tuesday 12 May 2009
Present:
|
Lord Anderson of Swansea
Viscount Colville of Culross
Lord Goodhart
Baroness Henig
Lord Lyell of Markyate
Lord Mayhew of Twysden
Earl of Onslow
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Jonathan Djanogly
Mr Bruce George
Linda Gilroy
Dr Brian Iddon
Martin Linton
Mr Virenda Sharma
Dr Desmond Turner
Jeremy Wright
|
Members' interests: The full lists of Members' interests as recorded
in the Commons Register of Members' Interests and Lords Register
of Interests are noted.
Lord Anderson declared that he was a non-practising barrister
and a Board member of a charity.
Lord Colville declared that he was previously a Circuit Judge
and currently an Assistant Surveillance Commissioner.
Lord Goodhart declared that he was a member of Transparency International.
Baroness Henig declared that she was Chairman of the Security
Industry Authority and President of the Association of Police
Authorities.
Lord Lyell declared that he was a former Attorney General and
Solicitor General.
Lord Thomas declared that he was a QC and had defended bribery
cases, and further that he had recently been in Hong Kong working
with the Independent Commission Against Corruption.
Baroness Whitaker declared that she was in receipt of a civil
service pension.
Lord Williamson declared that he was a former civil servant and
former official at Whitbread plc.
Mr David S Borrow declared that he had close constituency interests
with BAE Systems and had had visited Thales with the Industry
and Parliament Trust.
Mr Bruce George declared that he was head of a non-governmental
organisation connected to standards in government.
Linda Gilroy declared that she had constituency interests in defence
and had been on a fellowship with BAE in 1999 to 2000.
Jeremy Wright declared that he was a non-practising barrister.
It is moved that Lord Colville of Culross do take the Chair.—(Mr
Bruce George)
The same is agreed to.
The Orders of Reference are read.
The Joint Committee deliberate.
Ordered, That Strangers be admitted during the examination
of witnesses unless otherwise ordered.
Ordered, That the uncorrected transcripts of evidence given,
unless the Committee otherwise order, be published on the internet.
The call for evidence is agreed to [see note, below].
Ordered, That Professor Peter Alldridge be appointed a
Specialist Adviser.
Ordered, That the Joint Committee be adjourned to Thursday
14 May at 10.30 am.
Call for evidence
NEW JOINT COMMITTEE ON THE DRAFT BRIBERY BILL ESTABLISHED
First oral evidence session and call for written evidence announced
The new Committee set up to scrutinise the Draft bribery Bill
has today met for the first time and elected Viscount Colville
of Culross as Chairman.
The Committee is today calling for evidence to be submitted on
the provisions of the draft Bill. The Joint Committee comprises
12 MPs and 12 peers and will take oral and written evidence on
the draft Bribery Bill, culminating in a report of recommendations
to Parliament and Government, expected by 21st July
2009.
The first evidence on the Draft Bill will be heard this Thursday,
May 14th, with Professor Jeremy Horder, Criminal Commissioner
of the Law Commission. The session will begin at 10.30 am
The Committee would like to invite written submissions to assist
it in its scrutiny of the draft Bill. The areas it will examine
include:
- The background to the draft Bill, including the reasons for
the shift in approach from the current law and the 2003 draft
Corruption Bill (Cm 5777, 2003).
- The proposed new offences of bribing (clause 1) and being
bribed (clause 2), together with the functions that they cover
(clause 3), including:
i) Clarity: whether the draft Bill clearly states
what types of conduct and behaviour will be punishable as bribery
using terms and concepts that will be readily understood and predictably
applied by police, prosecutors, jurors, businesses and the public
etc.;
ii) Scope: whether the scope of the draft Bill is adequate
to capture all the circumstances in which bribery should be deemed
to have occurred without capturing conduct that should be considered
innocent.
iii) Special cases: whether the offences adequately address
special or difficult issues such as facilitation payments, lobbying
versus trading in influence, corporate hospitality and commission
payments;
- The proposed new offence of bribing foreign public officials
(clause 4), including:
- The proposed new offence for commercial organizations that
negligently fail to prevent bribery (clause 5), namely:
i) Justification: the evidence of need for regulation
in this area;
ii) Impact: the impact on businesses, particularly small businesses,
of such regulation, together with the effect on the UK's competitiveness;
iii) Clarity: the clarity and predictability of the offence,
including the terms that are used such as "negligence"
and "adequate procedures";
- Whether the extra-territorial reach of the offences (clauses
5(7) and 7) is appropriate, including the new corporate offence's
application to any company or partnership from anywhere in the
world that is carrying on business (or part of a business) in
the UK.
- The benefits and disadvantages of the removal of the requirement
for the Attorney-General's consent for prosecution of bribery
offences (clause 10), together with the remaining powers of direction
that are unaffected by the draft Bill.
- The penalties proposed in relation to the new offences.
- Whether the exemptions from prosecution proposed for the intelligence
services are appropriate and workable.
- Whether parliamentary privilege should be narrowed as part
of a balance between convicting the corrupt and protecting free
speech in Parliament. If so, whether the proposals are workable
and otherwise appropriate.
- Whether the changes that have been made by the Government
to the Law Commission's recent draft Bill (HC 928, November 2008)
are appropriate.
- Compliance with the Human Rights Act 1998.
- Whether there are any specific changes that should be made
to improve the draft Bill, together with any other issues that
ought to be addressed.
Deadline for submissions
Submissions, which should be original and not copies of papers
written for the Government consultation or any other inquiry,
must be received by Wednesday 17th June. However, owing to the
short timetable the Committee is working to, papers received by
the beginning of June are most likely to influence the
work of the Committee.
Oral evidence
The programme of oral evidence sessions will be announced soon.
It will be available, together with the written and oral evidence
received, on the website:
Thursday 14 May 2009
Members present:
Viscount Colville of Culross, in the Chair
Lord Goodhart
Baroness Henig
Lord Mayhew of Twysden
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Alistair Carmichael
Mr Jonathan Djanogly
Mr Bruce George
Martin Linton
Dr Desmond Turner
Jeremy Wright
|
The proceedings of Tuesday 12 May are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB01-02 and BB17-18 submitted
to the Joint Committee be reported to the House of Commons for
publication on the internet.
The following witness is examined:
Professor Jeremy Horder, Criminal Commissioner, Law Commission
Ordered, That the Joint Committee be adjourned to Wednesday
20 May at 9.45 am.
Wednesday 20 May 2009
Viscount Colville of Culross, in the Chair
|
Lord Anderson of Swansea
Lord Goodhart
Baroness Henig
Lord Mayhew of Twysden
Earl of Onslow
Lord Sheikh
Lord Thomas of Gresford
Baroness Whitaker
| Mary Creagh
Mr Jonathan Djanogly
Linda Gilroy
Martin Linton
Jeremy Wright
|
The proceedings of Thursday 14 May are read.
The Joint Committee deliberate.
Ordered, That Memorandum number BB03 submitted to the Joint
Committee be reported to the House of Commons for publication
on the internet.
Ordered, That Professor Michael Clarke be appointed a Specialist
Adviser.
The following witnesses are examined:
Colin Nicholls QC, Professor Celia Wells, University of Durham
and Professor Bob Sullivan, University College London
Ordered, That the Joint Committee be adjourned to Tuesday
2 June at 3.30 pm.
Tuesday 2 June 2009
Mr Bruce George, in the Chair
|
Lord Goodhart
Baroness Henig
Lord Lyell of Markyate
Lord Mayhew of Twysden
Earl of Onslow
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Alistair Carmichael
Mr Geoffrey Cox
Mr Jonathan Djanogly
Linda Gilroy
Dr Brian Iddon
Martin Linton
Dr Desmond Turner
|
The proceedings of Wednesday 20 May are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB04 - BB08 submitted to
the Joint Committee be reported to the House of Commons for publication
on the internet.
Mr David S Borrow declared that he had close constituency interests
with BAE Systems and had had visited Thales with the Industry
and Parliament Trust.
Linda Gilroy declared that she had constituency interests in defence
and had been on a fellowship with BAE in 1999 to 2000.
The following witnesses are examined:
Rt Hon Lord Robertson of Port Ellen
Gary Campkin, Head of International Policy, Confederation of British
Industry, Andrew Berkeley, Adviser, International Chamber of Commerce
UK, Rosina Robson, Senior Policy Adviser, Federation of Small
Businesses
Derek Marshall, Director of Defence and Homeland Security, Society
of British Aerospace Companies, Brinley Salzmann, Exports Director,
Defence Manufacturers' Association, James Maton, Partner, Edwards
Angell Palmer and Dodge UK (on behalf of the UK Anti-corruption
Forum)
Ordered, That the Joint Committee be adjourned to Thursday
11 June at 10.30 am.
Wednesday 3 June 2009
Mr Bruce George, in the Chair
|
Lord Goodhart
Lord Lyell of Markyate
Lord Mayhew of Twysden
Earl of Onslow
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Alistair Carmichael
Mr Geoffrey Cox
Mr Jonathan Djanogly
Linda Gilroy
Martin Linton
Jeremy Wright
|
The proceedings of Tuesday 2 June are read.
The Joint Committee deliberate.
Ordered, That Memorandum number BB09 submitted to the Joint
Committee be reported to the House of Commons for publication
on the internet.
The following witnesses are examined:
Philip Bramwell and Alan Garwood, BAE Systems, Lawrence Hammond,
Solicitor, Thales UK, Stephen Ball, Chief Executive Officer, Lockheed
Martin UK
Jeremy Cole, Bribery and Corruption Taskforce Co-ordinator, Lovells,
Louise Delahunty, Partner in Crime, Fraud and Investigation, Simmons
and Simmons, Monty Raphael, Head of Fraud and Regulatory, Peters
and Peters
Ordered, That the Joint Committee be adjourned to Wednesday
10 June at 3.30 pm.
Wednesday 10 June 2009
Viscount Colville of Culross, in the Chair
|
Lord Anderson of Swansea
Lord Goodhart
Lord Lyell of Markyate
Lord Mayhew of Twysden
Earl of Onslow
Lord Sheikh
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Geoffrey Cox
Mr Jonathan Djanogly
Mr Bruce George
Linda Gilroy
Dr Brian Iddon
Dr Desmond Turner
|
The proceedings of Wednesday 3 June are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB10-BB11 and BB14-BB16
submitted to the Joint Committee be reported to the House of Commons
for publication on the internet.
The following witnesses are examined:
Mr Keir Starmer, Director of Public Prosecutions, Mr Richard Alderman,
Director, Serious Fraud Office and Detective Chief Superintendent
Steve Head, Association of Chief Police Officers Portfolio Holder
for Overseas Corruption and Bribery
Dr Malcolm Jack, Clerk of the House of Commons, Ms Jacqy Sharpe,
Principal Clerk of the Table Office, House of Commons, Mr Michael
Pownall, Clerk of the Parliaments, Dr Christopher Johnson, Clerk
of the Journals, House of Lords
Ordered, That the Joint Committee be adjourned to Thursday
11 June at 10.30 am.
Thursday 11 June 2009
Viscount Colville of Culross, in the Chair
|
Lord Goodhart
Baroness Henig
Lord Lyell of Markyate
Lord Mayhew of Twysden
Earl of Onslow
Lord Sheikh
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Jonathan Djanogly
Mr Bruce George
Linda Gilroy
Dr Brian Iddon
Martin Linton
|
The proceedings of Wednesday 10 June are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB12-BB13 submitted to
the Joint Committee be reported to the House of Commons for publication
on the internet.
Mr Bruce George declared that he was head of a non-governmental
organisation connected to standards in government.
Lord Goodhart declared that
he was a member of Transparency International.
Baroness Whitaker declared that
she was a member of the Advisory Council of Transparency International.
The following witnesses are examined:
Dimitri Vlassis, Chief, Crimes Convention Section,
Treaty and Legal Affairs branch, Division for Treaty Affairs,
United Nations, Nicola Bonucci, Director of Legal Affairs, Organisation
for Economic Co-operation and Development, Christine Uriarti,
General Counsel, Anti-Corruption Division, Organisation for Economic
Co-operation and Development and William Yiu Wah Loo, Policy Analyst,
Anti-Corruption Division,
Mark Pyman, Director, Defence Programme and Jeremy
Carver, Board Member, Transparency International UK, Nick Hildyard,
Co-director, The Corner House, Sarah Sexton, Co-director, The
Corner House
Ordered, That the Joint
Committee be adjourned to Wednesday 17 June at 2.30 pm.
Wednesday 17 June 2009
Viscount Colville of Culross, in the Chair
Lord Anderson of Swansea
Lord Goodhart
Lord Mayhew of Twysden
Earl of Onslow
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Geoffrey Cox
Mr Jonathan Djanogly
Mr Bruce George
Linda Gilroy
Dr Brian Iddon
Martin Linton
Dr Desmond Turner
|
The proceedings of Thursday 11 June are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB19-BB29 submitted to
the Joint Committee be reported to the House of Commons for publication
on the internet.
The following witnesses are examined:
Rt Hon Jack Straw MP, Secretary of State for Justice and Lord
Chancellor, Michael Des Tombe, Legal Adviser and Roderick Macauley,
Bill Team Manager, Ministry of Justice
Ordered, That the Joint Committee be adjourned to Thursday
25 June at 9.45 am.
Thursday 25 June 2009
Viscount Colville of Culross, in the Chair
|
Lord Anderson of Swansea
Lord Goodhart
Baroness Henig
Lord Lyell of Markyate
Lord Mayhew of Twysden
Lord Sheikh
Baroness Whitaker
Lord Williamson of Horton
| Mr Geoffrey Cox
Linda Gilroy
Dr Brian Iddon
Martin Linton
|
The proceedings of Wednesday 17 June are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB30 - BB50 submitted to
the Joint Committee be reported to the House of Commons for publication
on the internet.
The following witness is examined:
Rt Hon Baroness Scotland of Asthal, Attorney General
Ordered, That the Joint Committee be adjourned to Monday
29 June at 3.30 pm.
Monday 29 June 2009
Viscount Colville of Culross, in the Chair
|
Lord Anderson of Swansea
Lord Goodhart
Baroness Henig
Lord Lyell of Markyate
Lord Mayhew of Twysden
Baroness Whitaker
Lord Williamson of Horton
| Mr David S Borrow
Mr Geoffrey Cox
Mr Jonathan Djanogly
|
The proceedings of Thursday 25 June are read.
The Joint Committee deliberate.
Ordered, That Memoranda numbers BB51 - BB58 submitted to
the Joint Committee be reported to the House of Commons for publication
on the internet.
Ordered, That the Joint Committee be adjourned to Thursday
16 July 2009 at 10 am.
Thursday 16 July 2009
Viscount Colville of Culross, in the Chair
|
Lord Goodhart
Baroness Henig
Lord Lyell of Markyate
Lord Mayhew of Twysden
Earl of Onslow
Lord Thomas of Gresford
Baroness Whitaker
Lord Williamson of Horton
| Mr Alistair Carmichael
Mr Bruce George
Martin Linton
Dr Desmond Turner
|
The proceedings of Monday 29 June are read.
The Joint Committee deliberate.
A draft Report is proposed by the Chairman.
It is moved that the draft Report before the Committee be read.
The same is agreed to.
Paragraphs 1 to 241 are agreed to.
The Summary is agreed to.
The Committee agreed that the draft Report be the report of the
Joint Committee.
Ordered, That Memoranda numbers BB59 - BB61 submitted to
the Joint Committee be reported to the House of Commons for publication
on the internet.
Ordered, That certain papers be appended to the Minutes
of Evidence.
Ordered, That the provisions of Standing Order 134 (Select
Committee (reports)) of the House of Commons apply to the report.
Ordered, That the Chairman make the report to the House
of Lords and Mr Bruce George make the report to the House of Commons.
Ordered, That the Joint Committee be now adjourned.
| 
