Bribery Act delayed

The Bribery Act 2010 will not come into force in April this year to enable the government to review guidance for businesses on how to comply with the new law.

The guidance is an essential part of The Bribery Act 2010 and has been criticised for its lack of clarity.  The Ministry of Justice is to revise the guidance but has not said when it will be published.  Since a three month notice period is required after the new guidance is published, the Act will not come into forced as planned in Apri2011. The act, passed under the Labour government, was originally due to come into force last October.

The government announced that it is to review the Act as part of a drive to lessen the burden of red tape on businesses.  There is no indication yet that the Act itself is likely to be amended.

The Act makes companies and senior individuals liable for failing to prevent bribery in their organisation but there will be a defence where they can show they have ‘adequate procedures’ in place to prevent corrupt business practices. Businesses placed pressure on ministers to clarify exactly what is meant by adequate policies and procedures.

The Ministry of Justice: “We are working on the guidance to make it practical and comprehensive for business”.