---

Bribery Bill [HL]

My Lords, I have not intervened before in this debate but, with the indulgence of the House, I should like to make a few comments on this amendment because it is important that the intent of my noble friend’s amendments is considered seriously by the Government and the House although it is difficult to find the right wording. I draw attention to my various business interests. The situation that we are talking about, as my noble friend Lord Henley described, is one where custom and practice locally may be that something equivalent to a tip is customarily paid for facilitation. The situation that we are thinking about is not one where that tip changes the outcome, nor one where it results in any improper outcome or improper change in behaviour, but a situation where withholding the customary tip, if you use that word, may lead to delay or obstruction. It is a commercial reality of much of the world that that is the situation that business deals with. While, like the noble Lord, Lord Condon, I welcome clarity for businesses in the environment in which they operate, the law also has to be capable of being applied with common sense. My fear is that without some greater clarity around how these kinds of minor facilitation payments might be treated, it will not be capable of being applied with common sense to reflect the reality of commercial practices around the world. I am not in any way wanting to make an excuse for the retention of improper practices; I am very clear that I support the intent of the Bill. However, if the wording cannot be found to describe what is intended by my noble friend Lord Henley, I hope that in their response the Government can at least provide some clarity and guidance that will avoid situations being caught that are not intended to be caught by the Bill.