Bribery Bill [HL]

My Lords, these amendments concern Clause 12, which provides a defence for law enforcement agencies, the intelligence services and the Armed Forces. These amendments would have the effect of removing from the scope of the defence the activities of law enforcement agencies in the prevention, detection or investigation of serious crime. Obviously Clause 12 has attracted significant comment, both at Second Reading and today, and the Constitution Select Committee of the House has expressed a number of concerns about the scope of the defence. Before I get into the details of the amendment, I must emphasise in the strongest possible terms the importance that the Government attach to Clause 12. It is important on a practical level because, for reasons that I shall set out, there is an operational need for the defence. We do not seek to hide the fact that certain arms of the state may need to offer financial or other inducements that may amount to a bribe in order that they can effectively carry out their difficult functions. Clause 12 makes the position entirely transparent. However, it is also important as a matter of principle that we should deal with the issues highlighted by the clause in an open and transparent manner. The police and other law enforcement agencies have an important role to play in protecting and defending the public from the threat caused by serious crime. Our objective is to ensure that these law enforcement agencies are not hindered in tackling serious crime. Often financial or other inducements may be the only way to obtain vital information. I am surprised that noble Lords think that that is not so, but that is what happens from time to time. In the normal course of events a payment for assisting in the investigation of crime is unlikely to amount to bribery, but there are occasions in which such conduct could amount to an offence.