Results 41–60 of 1125 for speaker:Claire Ward

Written Answers — Justice: Sentencing (22 Mar 2010)

Claire Ward: The information requested is not available. Data collected within the central IT systems do not currently hold sufficient detail to allow identification of the type of sentence which is the subject of each appeal against a sentence heard in the Crown Court or Court of Appeal. Annual statistics on all appeals dealt with in the Crown Court against sentences given in the magistrates' court are...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: Let us be absolutely clear about the practical consequences of doing so. A company would seek advice from the advisory organisation and if a prosecutor wished to pursue a case against it, the company would understandably wave in front of the prosecutor the advice from the advisory body, and argue that it must be clear. That limits right from the very start the prosecution’s ability to...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: The opportunities for muddying the waters in this matter are huge. It is not clear cut. That is why we argue that the right way to do this is to provide guidance to companies under clause 9 that they must have adequate procedures, giving them the full information on the basis of that guidance and allowing them to make that judgment. Therefore, the Government believe that to have in place,...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: It would be official advice from a Government agency and so it could not possibly be compared to that which a company might seek from counsel or any other legal source.

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: That is not a relevant point at all. We are talking about a specific advisory service—designed by an Opposition thought process—which would have a role to advise in such circumstances. That is not the same as the advice that TIUK or any other agency might provide about doing business abroad—that is quite different. The purpose of the advisory service would be simply to avoid...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: We have made it absolutely clear that our intention is not to drag through the courts well-run companies with adequate procedures in place. We hope that the Bill will be an effective deterrent and will encourage companies— Mr. Djanoglyrose—

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: Perhaps the hon. Gentleman will let me finish. We hope the Bill will encourage companies to have good and adequate procedures in place. It is all well and good saying in new clause 2 that the advice should be without prejudice, but in practice specific advice by such a service would inevitably have to be taken into account by the prosecuting authorities, therefore constraining those...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: If what the companies are seeking is guidance, it will be provided under clause 9. It is not a tick box and simply about adhering to every aspect—it is guidance. As much as the hon. Gentleman might like to think that that is how it would work, in practice it simply would not. A prosecutor or court considering the adequacy of procedures in any individual case will look at all the...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: It is in the interest of this country and of business globally that we stamp out bribery, which is what we are doing through the Bill. By providing guidance under clause 9, we recognise that it is important that businesses have an opportunity to consider what they need to do to put in place adequate procedures. That is why we are establishing the detail of the guidance, and we hope that...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: The new clauses tabled by the hon. Member for Huntingdon would augment the generic guidance that we intend to provide under clause 9 with an advisory service that would provide bespoke advice to individual commercial organisations on a fee-paying basis. However, the nature of the proposed guidance is fundamentally different from that envisaged under clause 9, which will cover procedures that...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: The hon. Gentleman is right that the number of referrals under the US system is low. It is about five cases a year. However, he is comparing the US system of justice with the UK system, but there is a completely different set of circumstances in how such issues are dealt with and what is acceptable. On that basis, the US legislation allows for certain types of activities to take place, but...

Public Bill Committee: Bribery Bill [Lords]: New Clause 2 (18 Mar 2010)

Claire Ward: As I have just explained, the basis on which referral and advice takes place is quite different, because of the way in which US legislation on bribery and corruption is set up and because what is acceptable is quite different from the UK system. It is not appropriate to make the comparisons. The advisory system that the hon. Gentleman proposes is quite similar to that of the US Department of...

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: Without doubt, the City of London police, the Serious Fraud Office and, when appropriate, the MOD are the authorities that have the support, resources and expertise available within their organisations to deal with such complaints and concerns. We expect those authorities to undertake the work. The Crown Prosecution Service will prosecute cases potentially when police forces in England and...

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: As the Committee is aware, the Bill does not create a scheme of regulatory rules with which individuals and businesses need to comply. The suggestion from the Opposition appears to be that we should have regulatory rules, with compliance monitoring of business. The business community will read the Opposition’s views carefully and will bear in mind the additional burdens that it might...

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: Because the hon. Member for Huntingdon sought to suggest earlier that businesses should be in compliance with the legislation, with some monitoring of their compliance. That is what I understood him to say. [Interruption.] Perhaps he wishes to set the record straight.

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: The Committee should be aware that the Government have an anti-bribery champion in the form of my right hon. Friend the Justice Secretary, who launched the foreign bribery strategy on 19 January. The overarching aim of that strategy is to reduce the involvement of UK nationals and companies in foreign bribery and the harm that that causes. The strategy sets out four strategic objectives:...

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: If the hon. Gentleman will allow me to make some progress, I shall explain. The foreign bribery strategy is based on the solid foundation of effective co-operation over a number of years between more than 20 Government Departments, agencies and law enforcement bodies. It is also being developed through a series of soundings with stakeholders, including round-table meetings of leading UK...

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: I was simply suggesting that there is a whole range of ways in which we will measure the success of the foreign bribery strategy that I and my right hon. Friend the Justice Secretary are championing. Hon. Members will note that this is a “foreign” bribery strategy. That does not mean we are complacent about the maintenance of high ethical standards in public life and business...

Public Bill Committee: Bribery Bill [Lords]: New Clause 1 (18 Mar 2010)

Claire Ward: I explained earlier today how the 1.3 was reached. It was based on one contested SFO case and one contested CPS case over three years. That is how we get to 1.3.

Public Bill Committee: Bribery Bill [Lords]: Clause 14 (18 Mar 2010)

Claire Ward: Clause 14 recognises that it is individuals who undertake bribery, even where a body corporate is held responsible. The clause provides that where a body corporate or a Scottish partnership has been found guilty of bribery under the general or foreign public official offences, a director, partner or similar senior officer of the body or partnership is guilty of the same offence if he or she...


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