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Bribery Bill [HL]

My Lords, more important, prosecuting conduct that has previously been authorised by a Minister, whether specifically or on the basis of a class authorisation, and which is necessary conduct, as the amendment would require, creates huge difficulties if the prosecution is on the basis that the conduct did not, in the view of prosecutors, turn out to be necessary. That raises the prospect of any person so charged being able to challenge the prosecution as an abuse of process, given prior authorisation. That would be the consequence, which we do not think is a satisfactory solution to this issue.