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Bribery Bill [HL]

My Lords, I am unclear about the extent of this provision. Subsection (2) of the new clause makes clear that the response shall not prevent a prosecution from being instituted, but I am unclear whether it is the intention of the proposed new clause whether the company should be allowed to rely on the response in seeking to establish, if it is prosecuted, that it had adequate procedures. I am also unclear whether it is the intention that the company may rely on the specific response, as it may wish to do, in contending that the prosecution is an abuse of process.