I cannot say that there is a specific decision on that at the moment, although I think that it is probable. Apparently, by magic means, I am authorised to say yes. Foreign public officials are defined in subsection (5) to include individuals who hold legislative and administrative posts of any...

I cannot say that there is a specific decision on that at the moment, although I think that it is probable. Apparently, by magic means, I am authorised to say yes. Foreign public officials are defined in subsection (5) to include individuals who hold legislative and administrative posts of any...

My Lords, the two amendments tabled by the noble Lord, Lord Henley, seek to introduce an additional and, in our view, damaging qualification into the Clause 6 offence designed to deal with the particularly difficult and pressing problem of bribery of foreign public officials, especially those in developing nations, for...

My Lords, the two amendments tabled by the noble Lord, Lord Henley, seek to introduce an additional and, in our view, damaging qualification into the Clause 6 offence designed to deal with the particularly difficult and pressing problem of bribery of foreign public officials, especially those in developing nations, for...

My Lords, we were pressed on the issue of a draft of a draft. Given the general support for the amendment, perhaps I do not need to detain the House by talking about it but, since I have been half-invited to do so, I shall. It is our intention that...

My Lords, we were pressed on the issue of a draft of a draft. Given the general support for the amendment, perhaps I do not need to detain the House by talking about it but, since I have been half-invited to do so, I shall. It is our intention that...

10: Clause 7, page 5, line 16, at end insert "and see section (Guidance about commercial organisations preventing bribery) for a duty on the Secretary of State to publish guidance"

10: Clause 7, page 5, line 16, at end insert "and see section (Guidance about commercial organisations preventing bribery) for a duty on the Secretary of State to publish guidance"

My Lords, I thank noble Lords who have spoken. It is clear from the Bill, and it will be clear from my speech, that we have set our face against the concept of negligence and that we are talking about an offence of strict liability with a defence. I shall...

My Lords, I thank noble Lords who have spoken. It is clear from the Bill, and it will be clear from my speech, that we have set our face against the concept of negligence and that we are talking about an offence of strict liability with a defence. I shall...

My Lords, these amendments concern Clause 7, which introduces a new offence of failure of a commercial organisation to prevent bribery. A commercial organisation will be guilty of the offence if a person associated with the organisation bribes another person intending to obtain or retain business or an advantage in...

My Lords, these amendments concern Clause 7, which introduces a new offence of failure of a commercial organisation to prevent bribery. A commercial organisation will be guilty of the offence if a person associated with the organisation bribes another person intending to obtain or retain business or an advantage in...

My Lords, earlier in one’s life one says: "Unaccustomed as I am to public speaking". On this matter, I have to say: unaccustomed as I am to speaking on behalf of the Government, with so much support from the Back Benches, I feel that many of the points on the...

My Lords, earlier in one’s life one says: "Unaccustomed as I am to public speaking". On this matter, I have to say: unaccustomed as I am to speaking on behalf of the Government, with so much support from the Back Benches, I feel that many of the points on the...

My Lords, I will come briefly to where we are at the moment. We believe that any advice that could be offered would be of questionable utility. In these circumstances such a service is unlikely to be attractive to those it is designed to benefit. I think I am effectively...

My Lords, I will come briefly to where we are at the moment. We believe that any advice that could be offered would be of questionable utility. In these circumstances such a service is unlikely to be attractive to those it is designed to benefit. I think I am effectively...

My Lords, I apologise to the noble Lords, Lord Goodhart, Lord Williamson, Lord Borrie and Lord Henley, the noble and learned Lord, Lord Mackay, and the noble Earl, Lord Onslow, for not thanking them for their contributions in the previous debate. It was the pressure that we received from those...

My Lords, I apologise to the noble Lords, Lord Goodhart, Lord Williamson, Lord Borrie and Lord Henley, the noble and learned Lord, Lord Mackay, and the noble Earl, Lord Onslow, for not thanking them for their contributions in the previous debate. It was the pressure that we received from those...

My Lords, I would not dream of gainsaying the noble Lord, Lord Thomas, in his recollection of the report. Nevertheless, we believe that the Joint Committee took that view. We are certainly clear that we are of that view. Moreover, it is difficult to see how much comfort such an...

My Lords, I would not dream of gainsaying the noble Lord, Lord Thomas, in his recollection of the report. Nevertheless, we believe that the Joint Committee took that view. We are certainly clear that we are of that view. Moreover, it is difficult to see how much comfort such an...

My Lords, Amendment 17 brings us back to the issue of adequate procedures for the purpose of Clause 7. The noble Lord, Lord Thomas of Gresford, has proposed that an advisory service be established that would enable companies to seek advice on the adequacy of their procedures for the purpose...

My Lords, Amendment 17 brings us back to the issue of adequate procedures for the purpose of Clause 7. The noble Lord, Lord Thomas of Gresford, has proposed that an advisory service be established that would enable companies to seek advice on the adequacy of their procedures for the purpose...

My Lords, we are coming to an area where we do not share common ground. We do not believe that there should be a reference in the Bill. We will of course reflect on everything that has been said in Committee and the force with which it was said. As...

My Lords, we are coming to an area where we do not share common ground. We do not believe that there should be a reference in the Bill. We will of course reflect on everything that has been said in Committee and the force with which it was said. As...

My Lords, I am afraid that we have not given that assurance, much as it might satisfy people. We will produce a revised statement of the things that will be going into that statutory guidance. We are not saying that we cannot do it by then, but we are not...

My Lords, I am afraid that we have not given that assurance, much as it might satisfy people. We will produce a revised statement of the things that will be going into that statutory guidance. We are not saying that we cannot do it by then, but we are not...

My Lords, we have made the point that if it is that simple, it is exactly the same as the assurance we have given and it is not necessary. That is the view we take on the guidance. We do not see the value of putting it on the face...

My Lords, we have made the point that if it is that simple, it is exactly the same as the assurance we have given and it is not necessary. That is the view we take on the guidance. We do not see the value of putting it on the face...

My Lords, I have received guidance from the noble Lord, Lord Henley, on probing amendments and not responding to them too literally. However, I think that the noble and learned Lord, Lord Mackay, did invite me to respond to it literally. I understand that the noble Lord, Lord Henley, does...

My Lords, I have received guidance from the noble Lord, Lord Henley, on probing amendments and not responding to them too literally. However, I think that the noble and learned Lord, Lord Mackay, did invite me to respond to it literally. I understand that the noble Lord, Lord Henley, does...

The noble Earl touches on the difference between our two approaches. We are not proposing to put the requirement for this guidance in the Act. Therefore, there is no legal basis on which a statutory instrument would come before Parliament. If it were part of the Act, we would obviously...

The noble Earl touches on the difference between our two approaches. We are not proposing to put the requirement for this guidance in the Act. Therefore, there is no legal basis on which a statutory instrument would come before Parliament. If it were part of the Act, we would obviously...

My Lords, Amendment 9, tabled by the noble Lord, Lord Henley, seeks to address circumstances in which a bribe was paid by a contractor or a fellow member of a consortium and the bribe payer is not under the control of the defendant. It would allow a defence to the...

My Lords, Amendment 9, tabled by the noble Lord, Lord Henley, seeks to address circumstances in which a bribe was paid by a contractor or a fellow member of a consortium and the bribe payer is not under the control of the defendant. It would allow a defence to the...

My Lords, I shall do my best. These amendments relate to the definition of a relevant commercial organisation for the purposes of the Clause 7 offence of the failure of commercial organisations. Clause 7(5) states that a relevant commercial organisation means a body which is incorporated under the law of...

My Lords, I shall do my best. These amendments relate to the definition of a relevant commercial organisation for the purposes of the Clause 7 offence of the failure of commercial organisations. Clause 7(5) states that a relevant commercial organisation means a body which is incorporated under the law of...

The fact that it was overturned on appeal reinforces the assurance that I am giving in the sense that we are satisfied that the courts will take into account all relevant information to ensure that the powers of confiscation operate in a reasonable and proportionate manner. It is a matter...

The fact that it was overturned on appeal reinforces the assurance that I am giving in the sense that we are satisfied that the courts will take into account all relevant information to ensure that the powers of confiscation operate in a reasonable and proportionate manner. It is a matter...

My Lords, my understanding is that the Bill does not at any point define undue hospitality, but the very fact that I have read into the record the evidence from Professor Horder and the Law Commission about how that should be considered meets the idea without using the word "undue"....

My Lords, my understanding is that the Bill does not at any point define undue hospitality, but the very fact that I have read into the record the evidence from Professor Horder and the Law Commission about how that should be considered meets the idea without using the word "undue"....