We have previously reported here that the implementation of the Bribery Act, 2010 (the Act) was to be delayed until after guidance on the Act has been issued. This guidance, mandated under the Act, is meant to explain the procedures businesses can put into place as part of a defence to one of the Act’s new offences, “failure to prevent bribery”.
Today, this guidance was published by the Ministry of Justice, together with confirmation from the Justice Secretary, Kenneth Clarke, that the Act will come into force on 1 July 2010. Mr Clarke stated that he hoped that “this guidance shows that combating the risks of bribery is largely about common sense, not burdensome procedures…Without changing the substance of the Act, this guidance should save organisations of all sizes from the fears sometimes aroused by the compliance industry that millions of pounds must be spent on new systems that, in my opinion, no honest business will require in response to the commencement of this Act.”
The stated aim of the guidance is to help businesses avoid being penalised for inadvertent corruption. The core principle it sets out is proportionality. It also offers case study examples that help illuminate the application of the Act. The guidance has largely been welcomed by business groups, but criticised by organisations such as Transparency International.
To read the guidance, please click here.
