Anti-terrorism, Crime and Security Bill

Part of the debate – in the House of Lords at 11:00 pm on 4 December 2001.

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Photo of Baroness Whitaker Baroness Whitaker Labour 11:00, 4 December 2001

I declare an interest as a member of Transparency International UK's Advisory Council. Amendment No. 178 seeks to make clear beyond doubt who is covered by the words Xpublic body". The aim of this part of the Bill is to make it certain that bribing a foreign public official is a crime in compliance with the OECD Convention. It is a splendid advance in the fight against international terrorism as well as supporting international good governance.

But the reality of the most damaging kinds of large-scale bribery is that the bribed party may well not be a public official in the sense of the 1889 and the 1916 British law definitions which Clause 107(4) invoke. He or she may be a member of the legislature, an officer of a newly privatised utility, a judge or an officer of one of the international organisations based in the country concerned.

That is why the OECD Convention defines a Xforeign public official" in words very close to the amendment. I ask, therefore, how can my noble and learned friend the Attorney-General be confident that the text of the Bill as drafted complies with the OECD Convention? I beg to move.