House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Bribery Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


      The amendments have been marshalled in accordance with the Instruction of 15th December, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

LORD THOMAS OF GRESFORD

 

LORD GOODHART

1Page 1, line 3, at beginning insert "Subject to subsections (6) and (7),"
2Page 2, line 2, at end insert—
"(6)  It shall not be an offence for a person to offer, promise or give a financial or other advantage to another person if his conduct is necessary for—
(a)  the proper exercise of any function of the Security Service, the Secret Intelligence Service or GCHQ, or
(b)  the proper exercise of any function of the armed forces when engaged on active service.
(7)  In subsection (6)—
 "active service" means service in—
(a)  an action or operation against an enemy,
(b)  an operation outside the British Islands for the protection of life or property, or
(c)  the military occupation of a foreign country or territory;
 "armed forces" means Her Majesty's forces (within the meaning of the Armed Forces Act 2006);
 "enemy" has the same meaning as in the Act of 2006;
 "GCHQ" has the meaning given by section 3(3) of the Intelligence Services Act 1994."
 

Clause 10

 

LORD GOODLAD

 

LORD PANNICK

 

LORD MACKAY OF CLASHFERN

 

LORD WOOLF

3*Page 7, line 2, 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 6 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 6 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.
(14)  For the purposes of this section, "senior official" has the meaning given by section 81 of the Regulation of Investigatory Powers Act 2000."
 

Clause 13

 

VISCOUNT COLVILLE OF CULROSS

4Page 8, line 23, leave out subsection (1) and insert—
"(1)  This section applies to any person who—
(a)  exercises any function of the Security Services, the Secret Intelligence Service or GCHQ, or
(b)  exercises any function of the armed forces when engaged in active service.
(1A)  A person to whom subsection (1) applies shall commit a relevant bribery offence if, and only if, his conduct has exceeded the relevant authorisation by the Secretary of State or, as the case may be, his conduct has exceeded the terms of that which he has been ordered to carry out."
 

LORD THOMAS OF GRESFORD

 

LORD GOODHART

5Leave out Clause 13
 

After Clause 13

 

LORD WOOLF

 

LORD GOODLAD

 

LORD PANNICK

 

LORD MACKAY OF CLASHFERN

6*Insert the following new Clause—
  "Guidance from the Secretary of State
(1)  The Secretary of State shall issue guidance in accordance with which the Security Service, the Secret Intelligence Service, GCHQ and the armed forces shall keep records of all acts that would but for section 13 constitute a relevant bribery offence.
(2)  The guidance shall contain such information as the Secretary of State considers desirable and in particular shall require the records, so far as is practical and without impeding the proper exercise of the functions referred to in section 13(1)—
(a)  to be made before the act of bribery is carried out;
(b)  to state when and by whom it was carried out;
(c)  to give such particulars as are sufficient to identify the act of bribery.
(3)  The guidance shall be the subject of an annual report by the Secretary of State to Parliament.
(4)  A person charged with a relevant bribery offence shall on request be provided with a copy of any part of the records concerning the offence with which he is charged unless the Secretary of State considers that such disclosure would be contrary to the public interest, in which event such disclosure shall only take place if the trial judge directs that this should occur."

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2010
8 February 2010