Third Reading

Part of Bribery Bill [HL] – in the House of Lords at 3:10 pm on 8 February 2010.

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Photo of Baroness Royall of Blaisdon Baroness Royall of Blaisdon Chancellor of the Duchy of Lancaster, House of Lords, Leader of the House of Lords and Chancellor of the Duchy of Lancaster 3:10, 8 February 2010

My Lords, before the House begins the Third Reading of the Bribery Bill, it may be helpful for me to say a few words about Third Reading amendments. The House has agreed a procedure for addressing amendments which, in the view of the Public Bill Office, fall outside the guidance in the Companion and the rules set by the Procedure Committee. In line with that procedure, the Public Bill Office advised the usual channels on Friday that some of the amendments on the Marshalled List for Third Reading today fall outside that guidance. On the basis of that advice, the usual channels have agreed to recommend to the House that Amendments 1, 2 and 5, in the names of the noble Lords, Lord Thomas of Gresford and Lord Goodhart, should not be moved. As ever, this is ultimately a matter for the House as a whole to decide.

Clause 1 : Offences of bribing another person

Amendments 1 and 2 not moved.

Clause 10 : Consent to prosecution

Amendment 3

Moved by Lord Pannick

3: Clause 10, page 7, line 2, at end insert-

"(6) Consent may not be given for the institution of proceedings under subsection (1) or (2) in respect of conduct which was specifically authorised in advance under the hand of-

(a) the Secretary of State, or

(b) a senior official, but only if the Secretary of State has expressly and personally authorised the giving of the authorisation and considers the case to be urgent, and a statement of those facts is endorsed on the authorisation.

(7) An authorisation shall not be given for the purposes of subsection (6) unless the Secretary of State is satisfied that the conduct is necessary for one of the functions stated in section 13(1).

(8) An authorisation for the purposes of subsection (6) ceases to have effect-

(a) at the end of the period of 6 months starting with the day on which it was given, if it was given under the hand of the Secretary of State, and

(b) at the end of one week after the day on which it was given, if it was given under the hand of a senior official.

(9) Subsection (8) does not apply if the authorisation is renewed under subsection (10) before the day on which it would otherwise cease to have effect.

(10) The Secretary of State may renew an authorisation for a period of 6 months starting on the day on which it would otherwise cease to have effect if, at any time before that day, the Secretary of State considers it necessary for the authorisation to continue to have effect for the purpose for which it was given.

(11) Subsection (10) may apply more than once.

(12) A renewal under subsection (10) must be made under the hand of the Secretary of State.

(13) The Secretary of State must cancel an authorisation if he is satisfied that an act or omission authorised by virtue of it is no longer necessary for the purpose for which it was given.

(14) For the purposes of this section, "senior official" has the meaning given by section 81 of the Regulation of Investigatory Powers Act 2000."