Bribery Bill [HL]

My Lords, this is a very, very well worked-on Bill and it shows it. We have had time to think about the subject—some may say, and have said, too much time, but at least the result is worth it. Particularly, the judicious and vigorous chairmanship of the noble Viscount, Lord Colville of Culross, enabled the scrutiny committee on the second draft Bill to reach unanimity in even the most difficult areas. The chairmanship of the late and much lamented Lord Slynn of Hadley was valiant too, but, as the noble Lord, Lord Waddington, said, he had a much worse original draft Bill to deal with. We on the scrutiny committees also had the benefit of in-depth analysis by Transparency International UK. I declare an interest as a member of its Advisory Council. The Government’s response has been unfailingly constructive. I would say one could welcome this Bill unreservedly would this not risk putting some of your Lordships out of their job of examining legislation. It is important to see this Bill in a wider context. It does not just reform our outdated and piecemeal domestic law on bribery. It tackles wrongs—evils—suffered by people far beyond our frontiers. To quote the G8 2006 communiqué: ""Large-scale corruption ... can have a devastating effect on democracy, the rule of law and economic and social development. We recognise that corrupt practices contribute to the spread of organised crime and terrorism, undermine public trust in government and destabilise economies. Corruption can deter foreign investment, stifle economic growth and sustainable development and undermine legal and judicial systems. The net effect of corruption is felt most directly, and disproportionately, by the poor"." The Government’s impact statement on the Bill, which is a very good read, gives chapter and verse about the deleterious effect of bribery on business as well as on economic and social development. Your Lordships may also know that the combination of the huge increase in global trade and the wide reach of exemplar legislation such as the American Foreign Corrupt Practices Act have changed the climate of business opinion about getting away with bribery, for good. In a way, the OECD anti-bribery convention is a subsidiary instrument to the change in reality. It is none the less the mark against which our Bill today will be judged. I think the Bill will comply, and the UK can hold its head up among the company of OECD nations. But there is one area where I also should like to press my noble friend the Minister. This is the defence for the security services. I welcome the fact that the Government have tried to meet some of the reservations of the scrutiny committee, but I recall the OECD stricture that while the purpose of national security is a valid defence, other actions undertaken by security services—for instance, in the service of national economic interests—are not. The defence in the current Bill covers any proper function of the security services, which includes more than national security. I see that the Constitution Committee is of the same mind, as well as all previous speakers in this debate. Can my noble friend offer a further narrowing of this defence? Other noble Lords have enumerated the many positive provisions of the Bill, both in the debate on the gracious Speech and earlier today. Indeed, the noble Lord, Lord Thomas of Gresford, from the Liberal Democrat Front Bench, called it "a beacon". I will not duplicate what other noble Lords have said, but simply conclude by saying that this is a remarkably good Bill which has made a difficult subject manageable and implementable. Even more good will ensue when it becomes law, and that must be soon.