A Secret UK Government Consultation–Is the Bribery Act About to Be Watered Down?

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Through a Freedom of Information Act request, anti-corruption campaigners Corruption Watch obtained and released details of what they dubbed a “widespread, secret and one-sided consultation” by the Department of Business, Innovation and Skills (BIS). The consultation questioned whether the 2010 Bribery Act (the “Act”) could be made simpler and less costly for businesses to follow, and whether The Bribery Act 2010 – Guidance (the “Guidance”) needs improving. Corruption Watch has criticised the UK government both for the ‘secretive’ nature of the consultation and for raising such enquiries at all, believing it to be motivated by a clear political bias towards deregulation.

The consultation targeted trade associations in various sectors, specifically asking whether the Act was considered a problem and whether it impacted companies’ ability to export. The answer to this was a resounding “No”. Other than requests for more detailed guidance on facilitation payments (including on how to refuse them), respondents were satisfied with the efficacy of the Bribery Act. This supports government research published in July 2015, which showed that 90 percent of Small-to-Medium Enterprises (SMEs) had no problems with the provisions of the Act and 89 percent of SMEs felt it had no impact on their ability to export.

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