Out-Law News 1 min. read

Government will publish new guidance on bribery law


The Government will publish new guidelines on bribery, it has said. The rules will help companies to comply with the Bribery Act which was passed last year.

The Ministry of Justice has said that the new law will be examined under the Government's Growth Review, a process designed to identify and remove perceived obstacles to investment and economic growth.

"The Government is clear that corruption should not be considered an acceptable way to win business and the UK stands alongside the Organisation for Economic Co-operation and Development countries, all of whom have criminalised foreign bribery," said a statement from the MoJ.

"The Ministry of Justice will be publishing guidance to help commercial organisations put practical procedures in place that help to prevent bribery shortly," it said.

The Bribery Act creates new obligations for companies to ensure that they have anti-corruption policies and practices in place. Companies that do not could be liable for bribery carried out by employees even if those companies did not order the activity.

That obligation was the subject of unease amongst business leaders and the last Government was forced to include in the Act a clause committing ministers to producing guidance on exactly what adequate policies and procedures would be.

The guidance that was produced was criticised, though, for being too vague. The Law Society said that though it was "helpful", it did not contain enough clarity.

"The Law Society recognises the importance of prosecutorial discretion in legislation such as this. However, this does mean that there will be a lack of certainty in the early days of implementation and this is a concern for many of our Members and their clients," said the Law Society's response (4-page / 45KB PDF) to a consultation on guidance.

"Clear and swift guidance from the prosecuting authorities would, in our view, help to allay fears and assist firms to ensure compliance with the new Act," it said.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.