Bribery Bill [HL]

We are dealing with a point which was recognised as very important at Second Reading; namely, the provision of guidance to companies and other organisations. It is important and I hope that the Government will be able to respond to some of the points covered by the three amendments which specifically relate to guidance in this group. They all relate to Clause 7 entitled "Failure of commercial organisations to prevent bribery" and the "adequate procedures"—to use the good text that is there—put in place to provide defence. This is the part of the Bill where we definitely need guidance. Of the three proposals on guidance covered by this group, there is, first, the question of timing. Amendment 10 would require: ""Before the commencement of the section"," the laying before Parliament, which seems reasonable to me. If we can do that, I see no problem. Secondly, Amendment 11, as indicated by the noble Lord, is substantially more important because it puts in a continuing commitment. It is also more specific. I do not think that the noble Lord quite made that point, but it is more specific because it relates guidance to subsection (2), which is the substance of any defence. That, too, seems sensible. Amendment 16 has at least one element which is not in the other amendments; that is, the taking into account of the size and resources of such organisations. Woolworths is no longer with us but the Minister will see what is known as "pick and mix" in these amendments. I remain sympathetic to them all. But, most importantly, we should have a continuing commitment in the Bill and a direct relationship with the size and resources of organisations. Those elements are important. Obviously, the Government are relatively sympathetic to this point, but they will have to decide how far they can go. That is an expression of my view on these amendments.