Bribery Bill [HL]

My Lords, I am grateful again to noble Lords who have spoken, and particularly for the support for the compromise, as it is, that finds itself back with us today in Amendment 4. To have the general support of the noble and learned Lords, Lord Mackay of Clashfern and Lord Mayhew, as well as that of the noble Lord, Lord Goodhart, who are all eminent lawyers and experts in this field, is really welcoming for the Government. It makes us think that we may actually have got it about right. I am also grateful to the noble Lord, Lord Henley, for his party’s acceptance of this arrangement, and to the noble Lord, Lord Thomas of Gresford—although I know that nothing I can say will persuade him that the Clause 13-defence is the right approach to this Bill. At the risk of repeating what I have said, we think that the DPP, when deciding whether to prosecute, will be very much affected by the existence of Clause 13. There will be very rare cases indeed where it does begin; if there is a prosecution, of course the accused has the right to a jury decision, however strong or weak the evidence may be. We will see whether the Clause 13-defence works. The noble Lord, Lord Wallace, asked about Scotland. The answer to his question is to be found in Clause 9 —soon, I hope, to be Section 9 of the Act. Clause 9(3) says that: ""The Secretary of State must consult the Scottish Ministers before publishing anything under this section"." Finally, the noble and learned Lord, Lord Mackay of Clashfern, said again that the important point about the guidance was not so much when it would be published—although we all hope that it will be published soon—but that any Government would be committed to the principle that guidance has to be published well before the relevant section comes into effect. We agree; if there is a change of Government, that should prevail whoever is in power.