Bribery Act 2010 Committee
The Bribery Act 2010: post-legislative scrutiny

Report of Session 2017-19 - published 14 March 2019 - HL Paper 303

Contents

Principal conclusions and overall assessment

Chapter 1: Introduction

Constitution and terms of reference of the Committee

Our working methods

Acknowledgement

Chapter 2: Background to the legislation

The first Prevention of Corruption Acts

The late twentieth century

The Law Commission’s work

The draft Bribery Bill

The Bribery Act: an overall assessment

Chapter 3: The offences of bribery and being bribed (sections 1 and 2)

The offences

Prosecutions

Table 1: Prosecutions under section 1, 2011-2017

Table 2: Prosecutions under section 2, 2011-2017

Reporting mechanisms

Alternative offences

Minor offences

Box 1: Early prosecutions under the Bribery Act 2010

Section 13 defence

Enforcement agencies

Delays

Financial resources

Figure 1: SFO Funding 2010–2018

Training

Interagency co-operation

Consent to prosecution

Vicarious liability

The Government’s Anti-Corruption Champion

Chapter 4: Corporate hospitality

Box 2: Hospitality in different cultures

The Ministry of Justice Guidance

Uncertainty surrounding the Guidance

High Risk Sectors

Chapter 5: Bribery of foreign public officials, and facilitation payments (section 6)

The offence

Facilitation payments

Assisting SMEs

Brexit issues

Table 3: Additional funding for Brexit

Chapter 6: Failure to prevent bribery (section7)

The offence

Due diligence: the ‘adequate procedures’ defence

The Guidance

Box 3: The Six Principles for the prevention of bribery

Adequate v reasonable

An opinion on proposed conduct?

R v Skansen Interiors Ltd

Box 4: The facts of the Skansen case

Failure to prevent as a model for future legislation

Chapter 7: Deferred prosecution agreements

The Crime and Courts Act 2013

Development of DPAs

DPA procedure

The four DPAs to date

Standard Bank plc

XYZ Ltd

Rolls-Royce

Tesco

Our scrutiny of DPAs

The DPA Code of Practice

The importance of judicial oversight

The role of self-reporting

Consistency between large and small companies

Financial penalties

Prosecution of individuals

Non-prosecution agreements (NPAs)

Conclusions

Chapter 8: Small and medium enterprises

Background

Government action to date

The position of SMEs

Chapter 9: The position in Scotland

Consent to prosecution

The Guidance

Civil Settlements and DPAs

Box 5: The Civil Settlement Regime

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Appendix 3: Call for evidence

Appendix 4: Acronyms and abbreviations

Evidence is published online at http://www.parliament.uk/bribery-act-2010 and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence.





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