Bribery Bill [HL]

My Lords, I, too, welcome Amendment 1. I happened to speak at a conference last week of ICC UK, which was attended by a large number of people from the defence industries and from exporters. I was struck by the concern that they have about Clauses 7 and 8, which are quite tightly drawn, which put criminal liability on a commercial organisation if a person on their behalf commits a bribery offence. In particular, they were concerned with what were adequate procedures. The guidance promised in Clause 9 is essential to assuage the fears of the business community about what amounts to adequate procedures. The clause itself strengthens the position of the directors of the various services, including the director of the Serious Fraud Office and the other prosecutorial bodies, and underlines the fact that the only way in which companies and business organisations feel that there is some protection for themselves may be prosecutorial discretion. I am sure that it will be of great comfort to those organisations to know that prosecutorial discretion will be exercised by the directors of those various prosecutorial organisations personally or by their nominated delegate. The Government are very wise to have introduced Amendment 1.