Annex 3
THALES UK GENERAL EVIDENCE TO THE JOINT COMMITTEE
ON THE BRIBERY BILL
THALES GROUP—BACKGROUND
Thales is a leading international electronics
and systems group, addressing Aerospace and Space, Defence and
Security markets worldwide. The Group's civil and military businesses
develop in parallel and share a common base of technologies to
serve a single objective: the security of people, property and
nations. Thales' leading-edge technology is supported by 22,500 R&D
engineers who offer a capability unmatched in Europe to develop
and deploy field-proven mission-critical information systems.
The Group builds its growth on its unique multi-domestic strategy
based on trusted partnerships with national customers and market
players, while leveraging its global expertise to support local
technology and industrial development. Thales employs 68,000 people
in 50 countries with 2008 revenues of £10.2 billion.
THALES IN
THE UK
Thales UK employs 8,500 staff based at
more than 40 locations. In 2008 Thales UK's revenues
were over £1.4 billion.
Thales on Ethics
Thales not only pursues a strict policy of compliance
with laws and regulations around the world, but has also implemented
a system of ethical practices based on demanding international
standards. We have a global Code of Ethics.
Meeting these requirements is mandatory for
all employees.
Responding to deep-seated change in the worldwide
geopolitical picture, growing complexity in the legislative and
normative context and burgeoning demand from stakeholders for
greater transparency, Thales recognises the need for commercial
organisations to conduct its business in a broader strategic space
and apply new modes of management.
Given its areas of business, Thales attaches
particular importance to the prevention of corruption. Over the
last several years the Group has issued a complete set of directives
on this matter and implemented a dedicated organisation to ensure
compliance with national and international laws. Based on worldwide
best practices, these measures are constantly reviewed as part
of a continuous improvement process.
Thales on Bribery (Extracts from our Code of Ethics)
Thales operates in strict compliance with the
rules of fair trading and with applicable legislation and codes
of practice. Under no circumstances may the Group grant any undue
direct or indirect advantage to any public official or customer
employee in order that they may act, or refrain from acting, in
the performance of their official duties to Thales' benefit.
Similarly, when dealing with partners and suppliers
all Group employees, regardless of their role, must act with complete
integrity. This entails refusing any personal benefits or gifts
of significant value. Employees are required to inform their line
management of all gifts received to ensure that the Group's ethical
commitments and requirements for all employees to act with integrity
are not breached.
Thales on the Bribery Bill
Thales welcomes and supports the Government's
initiative to consolidate and modernise the criminal law in the
area of bribery. We are particularly aware, as part of an international
company, of the damage to the image of British Industry that lack
of clarity in this area causes. Thales appreciates the challenges
of drafting legislation of this type and accepts that it will
not be possible to frame the Bill in a way that will satisfy all
interested parties. However, there are areas of the Bill that
may mean it is difficult for businesses to determine what their
obligations may be and, in turn, what policies and procedures
need to be implemented to ensure compliance.
As members of the CBI, Thales UK agrees with
the written evidence submitted to the Joint Committee setting
out the areas of concern with regard to principles introduced
by the draft Bribery Bill as well as the drafting of certain provisions.
In addition to the CBI's evidence Thales UK
respectfully asks the Joint Committee to consider the following
points.
— In respect of matters identified by the
CBI as lacking in sufficient clarity to give businesses certainty
of obligations and to allow them to put measures in place to ensure
compliance, Thales UK's preference is for the Bill to be amended
rather than having subordinate legislation or other forms of guidance
issued. Thales UK believes that this is possible and has previously
been achieved in legislation eg the definition of "senior
management" in the Corporate Manslaughter and Corporate Homicide
Act 2007, we believe, much more closely reflects the controlling
mind of the corporate entity (and is therefore a more appropriate
definition) than that offered in the draft Bribery Bill.
— If the decision is to provide clarification
by way of guidance Thales would wish to see the following :
— A clear statement as to the status of
the guidance eg whether it can be relied on as a defence to prosecution.
— The guidance issued contemporaneously
or, if not possible, shortly after the Bill comes into effect.
— Responsibility for issuing guidance on
appropriate best practice that could be implemented by industry
in order to mitigate risk of prosecution under the Bribery legislation
being given to the creation of an executive body similar to the
Health and Safety Executive.
June 2009
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