---

Bribery Bill [HL]

My Lords, I begin by declaring an interest, in that I was the chairman of the inquiry into BAE Systems in relation to the standards that it should adopt, which involved a consideration of bribery. I heard what has been said by the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Mackay, who have signed the amendment, and I thought initially that there would be nothing for me to say. But, having heard the noble Lord, Lord Goodhart, who I am personally happy to describe as learned, I am bound to say that my first reaction to his point suggests that perhaps he was wiser initially than in what he said to the House today. In my view, he has misunderstood the amendment in taking the approach that it raises a constitutional problem of the sort he described. Clause 12 makes it clear that in its present form it is a defence for a person charged with a relevant bribery offence to prove that the conduct was necessary. That is the burden placed on anyone seeking to rely on the defence as it appears in Clause 12. We propose the new provisions which state: ""There shall be no defence for the purposes of section 12(1) unless the Secretary of State has given an authorisation for the purposes of this section prior to the commencement of the person’s conduct"." That is merely an additional requirement. First is the obligation contained in the clause, and the amendment proposes an additional requirement that the person concerned has to show that he can rely on an authorisation. Surely that position is much to be desired. Earlier it was made clear that the Bill has a role as a whole, which is to show that this country takes bribery seriously and regards it as important to put on the statute book legislation recognising the corrosive effect of bribery and the importance of preventing it whenever possible.