Proceeding contribution from Lord Baker of Dorking (Conservative) in the House of Lords on Monday, 8 February 2010. It occurred during Debate on bill on Bribery Bill [HL].
Bribery Bill [HL]
In the light of the Minister’s remark that, if the House does not agree with the Government’s proposals, the Government may bring forward no other proposals, I suggest that would be a dereliction of duty on the Government’s behalf. It may be necessary to use these powers and, if is necessary to use them, protection must be given to those who use them. The essence of his argument against prior authorisation is impracticability. Let us suppose that the power to tap telephones and open letters did not exist today and someone suggested that it should be given to the Government in the same way as he recommends a power should be given for bribery. It would have no chance of passing whatever, because the principle has been established that, when you ask a citizen of this country to perform an illegal act, it requires the prior authorisation of the Home Secretary, the Foreign Secretary or the Secretary of State for Defence. In the case of defence, it would be practicable; if the proposal emerged from the field of war, it could be sent immediately to the Secretary of State—there would be a secure line to his office, and he could decide whether it should be approved. It is practicable, and the legal advice that we have had today from the distinguished legal luminaries in this House should be listened to.
Secondary information
- Type
- Proceeding contribution
- Reference
- 717 c498-9
- Session
- 2009-10
- Chamber / Committee
- House of Lords chamber
- Subjects
- Criminal proceedings Courts Armed forces Corruption Intelligence services Ministerial powers National security Bribery
- Legislation
- Bribery Bill (HL) 2009-10
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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