07 Apr 2010
Anti corruption lawyers welcome revolutionary Bribery Act
Eoin O'Shea, head of the Anti-Corruption Group and Dispute Resolution partner, Lawrence Graham LLP
As you are probably aware, the Bribery Act has been passed by Parliament and is likely to receive Royal Assent today (Thursday 8 April). It is seen by many, both here and abroad, as bringing with it a major and much-needed change in the law and providing strong support for the SFO's campaign against overeas bribery.
The changes introduced by the Act are revolutionary, extending the definition of bribery beyond the traditional relationships of agents and principals, creating a new strict liability corporate offence and a specific offence of bribing a foreign public official.
Eoin O'Shea, partner and head of the Anti-Corruption Group at international business law firm Lawrence Graham LLP (LG), said: "This is one of the most important pieces of law-reform since 1997. It will benefit people in developing countries around the world. It heralds an important shift in official attitudes to overseas corruption and the end of the era in which a blind eye was turned so long as bribery happened abroad. The strictness of the Act can be seen as an indirect consequence of the BAE case and the damage done to the UK's international reputation by the government's handling of it.
"The Act will force British businesses to be pro-active in tackling bribery. There are very few loopholes or exceptions. For example it applies to bribery of private sector people as much as public officials and "facilitation payments", seen as customary in some countries, are not excepted from the law. UK jurisdiction is also wider than before, and the SFO has made overseas bribery a priority for investigation and prosecution - there have been more cases in the last two years than in the previous ten. Whoever wins the election, this trend will continue," he added.