30 March 2011
Tearfund welcomes today’s publication of Business Guidance required by the Bribery Act, whilst adding concerns over the delay in fully implementing the legislation. Coming a year after the Act was granted Royal Ascent, the guidance has left room for dilution of the Act’s effectiveness that in full should aim to see justice and transparency overcoming corruption, the relief and development agency says.
The Government has now set a three month timeframe with a date at last set for the Act’s commencement on 1 July.
'This is progress and we welcome a date to see legislation finally in place, however we will be scrutinising the guidance closely,' says Paul Cook, Advocacy Director at Tearfund.
'Loopholes seem to be emerging, such as a potential exemption for companies registered with the London Stock Exchange but not based in the UK. Furthermore the guidance indicates that firms may not be liable for bribery by their subsidiaries or joint venture partners.
'Tearfund, and those we work with in the developing world, want to see clear and effective procedures in place for companies to prevent bribery and to operate to the highest standards. Bribery is just one aspect of the corruption that blights the lives and progress of many – and most acutely those in the poorest countries. We must ensure that the supremacy of the Act of Parliament is not undermined by any confusing non-statutory guidance.'
Additional guidance for prosecutors has been issued by the Serious Fraud Office (SFO) and appears further reaching and wider in application. Although Tearfund welcomes this line taken by the SFO, it says it will be seen as creating confusion as it appears broader than the Ministry of Justice position which appears to be limiting the scope of the Act.
'The application of the Act must be interpreted as broadly as possible if we are to see the new legislation working at its best and greatly reducing bribery,' adds Paul. 'The last thing we need is a law that fronts up as nothing more than window dressing for business as usual.
Tearfund, among other agencies, supported church leaders writing to David Cameron stressing the need for the Act’s implementation to be strengthened. It is local churches, Tearfund says, that are an integral part of civil society and often the point of a community’s well-being and support - small organisations and networks that need to see bribery, and corruption in general, tackled robustly.
'Society at large suffers the full effects of corruption, and it is bribery that compounds it,” says Paul Cook. 'With now a date set for legislation to be enforced, the UK Government must show it’s zero-tolerance approach to corruption by ensuring the anti-bribery legislation does exactly what it says on the tin.'
NOTES TO EDITORS
For broadcast interviews or further information contact Jonathan Spencer in the Tearfund Press Office on 020 8943 7901 or out of hours call 07710 573749.
Tearfund is a Christian relief and development agency building a global network of local churches to help eradicate poverty. Tearfund is a member of the Disasters Emergency Committee.