Tony Lewis & Alexandra Underwood report on the government’s proposed corporate corruption clampdown
After years of criticism of the bribery legislative framework in the UK, the draft Bribery Bill was published by the Ministry of Justice in March this year.
The Bill replaces the bribery offences at common law and under the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916.
Broadly, the draft Bill creates two general offences covering the offering, promising and giving of a bribe; and requesting, agreeing to receive a bribe or accepting a bribe; a discrete offence of bribery of a foreign public official; and a new offence of negligent failure of commercial organisations to prevent bribery.
In May, a Parliamentary joint committee was established to scrutinise the draft Bill, culminating in a report of recommendations to Parliament and government which was published on 28 July 2009.
Corporate offence
A controversial area of the draft Bill was the proposed introduction of a new corporate offence of negligently failing to prevent bribery. Under current bribery laws, it is exceedingly
