Bribery Bill [HL]

I must inquire why this guidance should not be statutory if it is clear that it will be taken into account by the courts. The passage that we read from the Joint Committee shows that there is a lot of guidance about. All sorts of people are offering guidance and the important thing is to have authoritative guidance. The mere fact that it has come from the Ministry, among many international authorities putting out guidance, does not make it authoritative. If it is done under the authority of Parliament, with that authority telling the court that it must take the guidance into account, it is a much more effective remedy for the people who are extremely anxious about this serious offence. It is being introduced for the first time and it is very difficult to say what the ultimate consequences might be, as the noble Lord, Lord Henley, has pointed out. I cannot see why that should not be done by putting in place the necessary provisions in the Act of Parliament, as well as the consequences for companies if they should be found to have failed in some way to take account of what the guidance told them.