Bribery Bill [HL]

My Lords, I believe that Amendments 1 to 4 introduced by the noble and learned Lord, Lord Lyell of Markyate, are unnecessary and, indeed, potentially damaging. The requirement under Clause 1 is that the accused person must either have encouraged or be aware of the improper actions by the recipient in relation to the advantage that the accused will be giving or has given the recipient. I believe that that in itself involves and defines corruption on the part of the accused, and I think that it is clearer than just using the word "corrupt". Therefore, including in Clause 1(1) a specific reference to "acting with corrupt intent" or "acting dishonestly" is, in my view, unnecessary. Worse, it provides an opportunity for arguing that the new words provide an additional condition that must be satisfied before there can be a conviction. For example, it could be argued that if the accused person did not wish to pay a bribe but was aware that he or she would not get a contract or other benefit which they were seeking without an improper bribe, they are not acting with corrupt intent or dishonesty. However, I believe that coming to the conclusion that paying a bribe with reluctance is not in itself dishonest will undermine the Bill. The Bill intends that it should be a crime not only to offer a bribe, but to pay a bribe however reluctantly. The same arguments apply to Clause 2, which makes the request or receipt of a bribe a crime by the recipient. I should also point out that the amendment proposed by the noble and learned Lord to Clause 2 is completely inconsistent with subsection (7) of Clause 2. For those reasons, I hope that the noble and learned Lord will consider withdrawing his amendment.