26 July 2010
The Government has delayed the implementation of the
Bribery Act. The Act was due to come into force in October 2010.
However, an official announcement from the Ministry of Justice last
week announced a delay to the Act’s implementation, which will now
not take place until April 2011.
Content of the Act
The Act will:
- introduce a corporate offence of failure to prevent bribery by persons working on behalf of a business;
- introduce a statutory defence whereby a business can avoid conviction if it can show that it has adequate procedures in place to prevent bribery;
- make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad (the measures cover bribery of a foreign public official);
- increase the maximum penalty for bribery from 7 to 10 years imprisonment, with an unlimited fine.
Guidance on preventative measures
In
September 2010 the Government plans to initiate consultation on the
guidance it intends to issue in early 2011 covering the procedures
which commercial organisations can put in place to prevent bribery
on their behalf.
How Hill Dickinson can help
The delayed
implementation of the Act may have bought businesses a little more
time to prepare but there is no room for complacency. By addressing
the risks now, employers can ensure that they are ready when the
Act comes into effect in April. Hill Dickinson can help businesses
of all shapes and sizes to take practical steps to minimise their
risk of liability under the Act.
For further information on how we can support and protect your
business, please contact:
Hill Dickinson has a wealth of experience in dealing with the full
range of employment and pensions issues. If you have any queries
relating to the above, or any other legal matter, please do not
hesitate to contact us
for advice.
