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Bribery Bill [HL]

My Lords, my immediate reaction to the amendment proposed by the noble Lord, Lord Henley, is that I do not like it. If it were accepted, it would send bad messages that are quite different from the main point of the Bribery Bill. There are good intentions behind the amendment, but it would be damaging to key purposes of the Bill to allow all kinds of payments, honoraria, tips and all the rest of it that are of any significance and worthy of a prosecutor’s interest. If you look at the wording of the amendment, there is room for argument by the defence—if there was a prosecution—on almost any of these phrases. Proposed new paragraph (a) says, ""necessary to expedite a routine government action"," and is concerned to, ""prevent damage to an important commercial interest"." What is important? What is routine? What is necessary? The amount must be modest, but in relation to what? Is that in relation to the total transaction or the earnings of the people involved? What is meant by "customary in the situation"? I am afraid that some kinds of facilitation payments may be customary but most undesirable. Whatever phrase you look at in this amendment, there are serious shortcomings. I am delighted to hear that the noble Lord does not wish to press the amendment. It is not at all worthy of pressing and could be most undesirable.