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Bribery Bill [HL]

My Lords, I agree with every speech that has been made, which shows one of the difficulties of the Bill. I strongly support my noble friend Lord Henley in putting forward this measure as a probing amendment. He is trying to establish more clarity. I do not like the term "facilitation payments" any more than do the noble Lords, Lord Borrie and Lord Williamson of Horton. We want to try to keep away from that. However, I entirely agree with the noble Lord, Lord Condon, that his staff need clarity. My noble friend has very sensibly tried to match closely the terms of this measure with what is permitted in America. I do not want us to go down that route, but there is a serious lack of clarity here. In the hospitality clause that we have just considered, the Bill states: ""P must also intend to obtain or retain—""(a) business"." Nobody gives hospitality in a business sense unless they are trying to do business, and if they are trying to do business, they must be trying to obtain or retain it. This is where great difficulty arises from the Bill’s lack of clarity. I believe that this comes back, rather like my noble friend’s amendments on "improperly", to what motivates the giver in this case. That is something to which we are closing our eyes in the Bill. I much look forward to hearing the Minister’s answer. While I do not like the term "facilitation payments", my noble friend Lord Henley is right to try to get more clarity in this area. I wait with great interest to hear what the Government will give by way of guidance.