The revised UK Bribery Act will come into force next April, the government has announced.
There had been hopes that the Act would be implemented this October, but
Justice secretary Kenneth Clarke has said he wants to carry out another
consultation on how companies should make sure they do not fall foul of
the law.
Some anti-corruption activists fear the extra six month lead-in time
could be used by the new government to somehow reduce the impact of the
legislation. Transparency International said the delay was ‘extremely
disappointing’ and added; ‘The danger is that under the guise of
consultation attempts may be made by those who want to pursue business
as usual to water down the Act.’
Eoin O’Shea, head of the anti-corruption practice at the Lawrence Graham
law firm, said the delay was ‘a surprise given that the Act has already
gone through a very long gestation period’ and that there have been
several consultation exercises already.
The legislation will include a corporate offence of failures to prevent
bribery unless ‘adequate procedures’ are in place. Businesses will also
be liable for the corrupt activities of relevant third parties as well
as their own staff.
Once consultation responses have been considered, finalised guidance
will be published in the New Year to allow businesses to prepare before
the Bribery Act finally comes in force.
