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Bribery Bill [HL]

My Lords, during the passage of the Bribery Bill through your Lordships’ House, there was considerable debate about whether the function of consenting to a prosecution should be vested in the Attorney-General or, as Clause 10 provides, the director of the relevant prosecuting authority. The noble Lord, Lord Henley, and others argue that any changes to the Attorney’s current functions in this regard should be addressed in the round and not piecemeal, offence by offence. It was also suggested that the offences in the Bill are of such seriousness that the function of consenting to a prosecution should in any even be vested in the Attorney. We also heard contrary arguments in favour of the consent function being vested in the director of the relevant prosecuting authority. I also pointed out in our earlier debates that the approach taken in Clause 10 had been supported by the Law Commission and the Joint Committee that considered the draft Bribery Bill. I am happy to say that the other place agreed with our approach. However, the Government have accepted that the question of whether to consent to a prosecution for one of the new bribery offences could give rise to more difficult and sensitive considerations than is the case with other offences. In recognition of this, the other place agreed that special arrangements should apply. Amendment 1 would therefore require that the function of consenting to a prosecution be exercised personally by the director of the relevant prosecuting authority. While the normal powers to delegate the director’s functions would not apply, provision has been included for a nominated person to act in the event of the director being unavailable; for example, because he or she was out of the country or was incapacitated. The amendment affords sufficient recognition of the sensitivities that can apply to the offences under the Bill. I commend it to the House. I beg to move.