I accept what the noble and learned Lord said in the sense that it is not worth us debating whether the current law would deal with the situation. What we are concerned about is what is in the Bill. However, it is worth mentioning that the prosecutorial discretion is the important point. If we intend to cover facilitation payments in this Bribery Bill, it is important that prosecutions are brought proportionately and not unnecessarily. We can rely on the code and the way in which prosecutors carry it out in being fairly confident that on the whole sensible decisions will be made.
I am about to sit down. I have already prayed in aid the Law Commission and the Joint Committee and I finally pray in aid the speech that the chairman of the Joint Committee made at Second Reading, when he powerfully but gently made the point that what we were proposing in these early clauses was the proper way to go. In spite of the advocacy of the noble and learned Lord, Lord Lyell, the Government are not persuaded. We think that we have got it right here, and I ask him to withdraw his amendment.
Bribery Bill [HL]
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Thursday, 7 January 2010.
It occurred during Debate on bills
and
Committee proceeding on Bribery Bill [HL].
Type
Proceeding contribution
Reference
716 c37GC 
Session
2009-10
Chamber / Committee
House of Lords Grand Committee
Subjects
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Timestamp
2024-04-22 02:00:07 +0100
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