Bribery Bill [HL]

With respect, that is the doubtful issue. I do not believe that the person paying in that situation is necessarily corrupt in any sense. He wants to get what he is entitled to and there is a force majeure, as far as he is concerned, in the way of his getting that, so he pays. If one tried to prosecute such a case under the corruption arrangements which presently exist, the prosecution would have a pretty good chance of failing. That is why I believe that the corruption point made by my noble and learned friend Lord Lyell is fundamental to the policy of whether you include facilitation payments. The point about the previous law and so forth is aside from this issue. Whatever we are doing, we are adding to the existing law by introducing facilitation payments whose previous existence is at least doubtful. I am sure that some of the people who have handed out money to get a boarding pass would regard themselves as utterly law-abiding, never thinking for a minute that there was anything corrupt about it. However, I can see the force of introducing the provision because it tries to get at the corruption that demands the money. When you make it a crime to give money in that situation, it may tend to discourage people from asking for the money. In order for it to be universal, everyone would have to do it. However, I can see that there is an advantage in being first to do it, although certain practical disadvantages might arise, as I illustrated in my answer to the noble Lord, Lord Thomas of Gresford.