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Be careful what you wish for

15 April 2011 / Monty Raphael KC
Issue: 7461 + 7462 / Categories: Opinion , Bribery
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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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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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