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Bribery

Oral Answers to Questions — Solicitor-General – in the House of Commons at 10:30 am on 18 June 2009.

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Photo of Richard Ottaway Richard Ottaway Conservative, Croydon South 10:30, 18 June 2009

What steps she is taking to review the operation of Laws on bribery.

Photo of Vera Baird Vera Baird Solicitor General, Attorney General's Office

The Government introduced a draft Bribery Bill on 25 March this year, which built on a report published by the Law Commission last November. The Bill is currently being considered by a Joint Committee, which will report next month. My noble and learned Friend the Attorney-General will appear before the Committee on 25 June.

Photo of Richard Ottaway Richard Ottaway Conservative, Croydon South

Does the Solicitor-General share my concern that the Bill makes negligently failing to prevent bribery an offence? As I understand it, that means that, for the first time, an omission can be prosecuted. Does she not agree that that will have a profound impact on English law?

Photo of Vera Baird Vera Baird Solicitor General, Attorney General's Office

I do not think that it is an entirely new principle. This is not about omission; it is about negligently failing to take steps to prevent bribery. There are businesses that are in pole position to see when bribery is going on, and if they choose to turn away, or if they do not have sufficient procedures in place to prevent it, it is probably a poor response to say that they have a valid defence. Of course they should be under an obligation to prevent bribery from damaging themselves and others, and they should be punished if they do not do so.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.