In September of this year we detailed that the Ministry of Justice ("MoJ") had begun consulting on guidance to be issued to commercial organisations in relation to "adequate procedures" that organisations should have in place to prevent bribery under the Bribery Act 2010 ("the Act"). This consultation closed yesterday, 8 November 2010.
The full provisions of the Act come into force in April next year and s.9 of the Act requires the Secretary of State for Justice to publish guidance on procedures that commercial organisations should put in place to prevent bribery. This guidance will be of importance to all organisations due to the fact that having adequate procedures in place can offer an organisation a defence to an accusation of bribery.
The consultation contained draft guidance which was broken down into six principles that commercial organisations should look to when implementing their anti-bribery procedures: (1) Risk Assessment; (2) Top Level Commitment; (3) Due Diligence; (4) Clear, Practical and Accessible Policies; (5) Effective Implementation; (6) Monitoring and Review. Comments upon the draft guidance were invited from any interested parties and MacRoberts lodged comments (which are available on request from us).
A number of discussion seminars were held around the United Kingdom by the MoJ to promote debate on the consultation. Issues were raised by various stakeholders at these seminars, including the effect of the Act on corporate hospitality events; whether opinion guidance would be available to organisations; whether further guidance would be made available in relation to whistle-blowing and leniency; and whether the Serious Fraud Office or the Crown Office/Procurator Fiscal would have jurisdiction to prosecute under the Act in Scotland (and the associated consequences of this).
The final guidance is expected to be published early next year - prior to the Act coming into force in April - and it will be interesting to see to what extent the MoJ has taken on board the concerns of stakeholders. There is no indication yet as to whether the MoJ will depart from the draft guidance, however there is no doubt that the final guidance is awaited by organisations with much anticipation.
Further information for organisations on the Bribery Act 2010 is available from MacRoberts website by clicking here. The MacRoberts Compliance and Regulatory Group can advise on all aspects of the Bribery Act 2010.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
