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Bribery Bill [HL]

Commons amendments

[The page and line references are to Bill 69, the bill as first printed for the Commons.]

Clause 10

1

Page 6, line 29, leave out subsections (3) to (5) and insert—

 

“(3)    

No proceedings for an offence under this Act may be instituted in England

 

and Wales or Northern Ireland by a person—

 

(a)    

who is acting—

 

(i)    

under the direction or instruction of the Director of Public

 

Prosecutions, the Director of the Serious Fraud Office or the

 

Director of Revenue and Customs Prosecutions, or

 

(ii)    

on behalf of such a Director, or

 

(b)    

to whom such a function has been assigned by such a Director,

 

    

except with the consent of the Director concerned to the institution of the

 

proceedings.

 

(4)    

The Director of Public Prosecutions, the Director of the Serious Fraud

 

Office and the Director of Revenue and Customs Prosecutions must

 

exercise personally any function under subsection (1), (2) or (3) of giving

 

consent.

 

(5)    

The only exception is if—

 

(a)    

the Director concerned is unavailable, and

 

(b)    

there is another person who is designated in writing by the Director

 

acting personally as the person who is authorised to exercise any

 

such function when the Director is unavailable.

 

(6)    

In that case, the other person may exercise the function but must do so

 

personally.

 

(7)    

Subsections (4) to (6) apply instead of any other provisions which would

 

otherwise have enabled any function of the Director of Public Prosecutions,

 

the Director of the Serious Fraud Office or the Director of Revenue and

 

Customs Prosecutions under subsection (1), (2) or (3) of giving consent to

 

be exercised by a person other than the Director concerned.

 

(8)    

No proceedings for an offence under this Act may be instituted in Northern

 

Ireland by virtue of section 36 of the Justice (Northern Ireland) Act 2002

 

(delegation of the functions of the Director of Public Prosecutions for

 
 
HL Bill 5254/5

 
 

2

 
 

Northern Ireland to persons other than the Deputy Director) except with

 

the consent of the Director of Public Prosecutions for Northern Ireland to

 

the institution of the proceedings.

 

(9)    

The Director of Public Prosecutions for Northern Ireland must exercise

 

personally any function under subsection (2) or (8) of giving consent unless

 

the function is exercised personally by the Deputy Director of Public

 

Prosecutions for Northern Ireland by virtue of section 30(4) or (7) of the Act

 

of 2002 (powers of Deputy Director to exercise functions of Director).

 

(10)    

Subsection (9) applies instead of section 36 of the Act of 2002 in relation to

 

the functions of the Director of Public Prosecutions for Northern Ireland

 

and the Deputy Director of Public Prosecutions for Northern Ireland

 

under, or (as the case may be) by virtue of, subsections (2) and (8) above of

 

giving consent.”

2

Page 6, line 37, leave out subsections (6) to (14)

Clause 13

3

Page 9, line 4, leave out “the Security Service, the Secret Intelligence Service or

 

GCHQ” and insert “an intelligence service”

4

Page 9, line 7, at end insert—

 

“(1A)    

The head of each intelligence service must ensure that the service has in

 

place arrangements designed to ensure that any conduct of a member of

 

the service which would otherwise be a relevant bribery offence is

 

necessary for a purpose falling within subsection (1)(a).

 

(1B)    

The Defence Council must ensure that the armed forces have in place

 

arrangements designed to ensure that any conduct of—

 

(a)    

a member of the armed forces who is engaged on active service, or

 

(b)    

a civilian subject to service discipline when working in support of

 

any person falling within paragraph (a),

 

    

which would otherwise be a relevant bribery offence is necessary for a

 

purpose falling within subsection (1)(b).

 

(1C)    

The arrangements which are in place by virtue of subsection (1A) or (1B)

 

must be arrangements which the Secretary of State considers to be

 

satisfactory.”

5

Page 9, line 7, at end insert—

 

“(1D)    

For the purposes of this section, the circumstances in which a person’s

 

conduct is necessary for a purpose falling within subsection (1)(a) or (b) are

 

to be treated as including any circumstances in which the person’s

 

conduct—

 

(a)    

would otherwise be an offence under section 2, and

 

(b)    

involves conduct by another person which, but for subsection (1)(a)

 

or (b), would be an offence under section 1.”

6

Page 9, line 16, at beginning insert ““civilian subject to service discipline” and”

7

Page 9, line 16, leave out “has” and insert “have”

8

Page 9, line 18, at end insert—

 
 

 
 

3

 
 

““head” means—

 

(a)    

in relation to the Security Service, the Director General of

 

the Security Service,

 

(b)    

in relation to the Secret Intelligence Service, the Chief of the

 

Secret Intelligence Service, and

 

(c)    

in relation to GCHQ, the Director of GCHQ,

 

“intelligence service” means the Security Service, the Secret

 

Intelligence Service or GCHQ,”

 
 

 
 

4

 

 
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