Bribery Bill [HL]

My Lords, Amendment 21 is also in the names of the noble Lords, Lord Goodhart and Lord Thomas of Gresford. I shall speak also to Amendment 32, which is in my name and those of the same noble Lords. Amendments 29 and 33, in the names of the noble Lords, Lord Goodhart and Lord Thomas, are also in this group. Clause 12 offers a defence to certain charges of bribery if the person charged with a bribery offence can show that he was acting for a legitimate purpose. The defence is not intended to be widely available. Clause 12(1) details who may avail themselves of the defence. My amendment relates only to Clause 12(1)(a), which deals with law enforcement agencies, security agencies and the Armed Forces. Notwithstanding the limits in the Bill, noble Lords will be aware that the Select Committee on the Constitution considers that it may still be drawn too widely. The committee's first report of the Session deals exclusively with Clause 12. I have tabled these probing amendments to give the Minister the opportunity to explain and defend the drafting chosen by the Government. I would also be grateful if he would say when the Government will formally respond to the Select Committee’s report, which came out on 4 December. We now have a date—2 February—pencilled in for Report. The Minister is nodding, so I expect that that date is right. The committee would find it useful to see the Government’s response in good time before 2 February, in case that influences how we respond, particularly in the light of what the Minister will say this afternoon, and whether we table any further amendments. Amendment 21 and Amendment 32, which is consequential, deal with the first of the three categories where the defence may be raised—the situation that a person's conduct was necessary for, ""the prevention, detection or investigation by, or on behalf of, a law enforcement agency"." The Liberal Democrat Benches will deal with their two amendments in due course. I stress again that my amendment is probing. It deletes that paragraph, which is—