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Proceeding contribution from Lord Lyell of Markyate (Conservative) in the House of Lords on Tuesday, 2 February 2010. It occurred during Debate on bill on Bribery Bill [HL].


Bribery Bill [HL]

I am most grateful to the Minister. I do have a quick question. He referred to case 1 and case 2, in which: ""P offers, promises or gives a financial or other advantage to another"." If P "offers" and "promises", he is obviously initiating or playing a very active part in the criminal conduct. But if it has been demanded of him in circumstances which in ordinary language, although not probably in legal language, would be thought to constitute either extortion or duress, does he have a guilty mind when he gives it? If he had offered it, promised it and initiated it, I can see that. But is there not a distinction with giving it? As the Minister will confirm, unfortunately extortion, which has been removed from the statute book, nor duress, offers a defence.


Secondary information

Type
Proceeding contribution
Reference
717 c122-3 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
Armed forces Business Corruption Fraud Intelligence services Expenditure Gratuities GCHQ Ministerial powers National security Prosecutions Public service Organisation for Economic Co-operation and Development Treaties Trade Corporate hospitality Sales promotions OECD Anti-Bribery Convention Bribery
Legislation
Bribery Bill (HL) 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk