The report of the Monitoring Officer informs Members of the content and impact of prospective legislation which aims to provide a more effective legal framework to combat bribery in the public and private sectors.
Additional documents:
Minutes:
The Committee received a report on the content and impact of the Bribery Bill, which was progressing through Parliament and the House of Lords at present.
The aim of the prospective Act was to provide a more effective legal framework to combat bribery in the public and private sectors. It would replace the current fragmented and complex offences at common law, as well as the body of Acts between 1889-1916, comprising the Public Bodies Corrupt Practices Act 1889 and the Prevention of Corruption Act 1906-1916.
Two new general offences could be created, covering the offering, promising or giving of an advantage, and requesting, agreeing to receive or accepting of an advantage. The formulation of these offences was designed to abandon the agent/principle relationship, in favour of a model based on intention to induce improver conduct. A further offence of bribery of a foreign public official would also be created.
There would also be an offence of failure by a commercial organisation to prevent a bribe being paid for or on its behalf. It would be a defence if the organisation had adequate procedures in place to prevent bribery.
The new legislation did not require any changes to be made to the existing Code of Conduct to which Members of the Council, and employees of the Council, were already subject.
RESOLVED:
That the report be noted.