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The UK Government has announced that it is to put back the introduction of the Bribery Act the Bribery Act to April 2011 – after receiving royal assent in April it was previously expected to come into force this October.
The Government says this date will be put back to allow for a short consultation exercise and “awareness raising events” in September. Guidance will be published early in the New Year.
The aim of the delay is said to be to give companies time to familiarise themselves with the guidance and ensure they have put in place satisfactory procedures prior to the Act coming into force.
However, the delay has been criticised by lobby group Transparency International UK which campaigns for anti-corruption measures.
Chandrashekhar Krishnan, executive director of lobby group said: “While guidance will be helpful for companies by clarifying some grey areas, it is extremely disappointing that the government has chosen to delay implementation of the Bribery Act."
"There is absolutely no reason that effective guidance could not have been published in time for the Act to commence in 2010. The danger is that under the guise of consultation attempts may be made by those who want to pursue 'business as usual' to water down the Bribery Act.”
He added: “The jury is now out on (the government’s) commitment to fighting corruption,” .
The Bribery Act creates several new offences carrying a maximum penalty of ten years' imprisonment or an unlimited fine for which employees, directors and businesses alike can be liable.
A Department of Justice statement said: “The Act will ensure the UK is at the forefront of the battle against bribery and pave the way for fairer practice by encouraging businesses to adopt anti-bribery safeguards.”
Introduce a corporate offence of failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it has adequate procedures in place to prevent bribery.
Make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad. The measures cover bribery of a foreign public official.
Increase the maximum penalty for bribery from seven to 10 years’ imprisonment, with an unlimited fine.
For more information on the Bribery Act 2010, please contact Corporate Commercial Partner, Roger Hinchliffe, using the details below.
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