10052.1-4

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

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 52 54/5

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