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15 April 2011 / Monty Raphael KC
Issue: 7461 + 7462 / Categories: Opinion , Bribery
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Be careful what you wish for

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To corrupt a slogan of the 1970s: has it taken the waiting out of wanting? We have waited 105 years, so is it what we wanted...

Will the new Bribery Act end up pleasing none of the people, none of the time, asks Monty Raphael QC

To corrupt a slogan of the 1970s: has it taken the waiting out of wanting? We have waited 105 years, so is it what we wanted? First, who is the “we” and did “we” all want the same thing?

First and foremost, the Bribery Act 2010 is a piece of domestic legislation. It sweeps away all our previous law on the subject, or it will, for conduct occurring after it comes into force on 1 July. It does away with the distinction between public and private bribery, while introducing an offence of bribing a foreign public official. This will extinguish one of the criticisms of the Bribery Working Group of the OECD. 

It also originates an offence for commercial organisations of failing

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