Proceeding contribution from Lord Henley (Conservative) in the House of Lords on Thursday, 7 January 2010. It occurred during Debate on bill and Committee proceeding on Bribery Bill [HL].
Bribery Bill [HL]
My Lords, I shall speak also to Amendment 13. Again, these are probing amendments which I hope are simple in the extreme. They are designed simply to elicit a fuller meaning of the language used in Clause 7(5)(a) and (b), which give the meaning of a relevant commercial business. In paragraph (a) there are apparently two limbs to the definition. A commercial organisation must be incorporated under UK law and carry on a business, although the second limb is contained in parentheses. I am sure that there is a very straightforward explanation for this drafting which will not detain the noble Lord for long, but I confess that I am a little puzzled. If the body is not carrying on a business, how can it be relevant to a business-related act of bribery, and so why is the provision there? Is there likely to be any confusion over whether an organisation is conducting a business or not—and, if so, how is that to be determined, and what for that matter is "part of a business", as raised by Amendment 13 to paragraph (b)? These might be trifling points but, on first reading through this section, I did not feel that the drafting was quite as clear as it might be. I ask the noble Lord to enlighten me. I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 716 c60GC
- Session
- 2009-10
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Business Corruption Advisory services Crown Prosecution Service Attorney General Foreign companies Ministerial powers Prosecutions Payments Public service Overseas companies Serious Fraud Office Revenue and Customs Bribery
- Legislation
- Bribery Bill (HL) 2009-10
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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