On September 14 2010 the Ministry of Justice opened a consultation on its draft adequate procedures guidance. The government is obliged to produce such guidance under Section 9 of the Bribery Act 2010 and has pledged to consult and publish a final version before the act comes into force in April 2011.
The ministry is seeking the views of businesses and other interested parties. In his introduction Kenneth Clarke, the lord chancellor and secretary of state for justice, states that:
“In deciding what bribery prevention measures best suit their particular circumstances, commercial organisations should be assisted by the guidance published under Section 9 of the Act. It is essential that any guidance the government publishes is informed by the wealth of knowledge, experience and expertise to be found outside government, in (for example) the business community and non-governmental organisations.”
The consultation documents include:
a questionnaire for interested parties comprising five questions;
draft guidance focusing on six key principles;
additional commentary on some specific issues, such as facilitation payments; and
five illustrative examples – which are not part of the guidance – focusing on key risk areas, such as hospitality.
via Ministry of Justice consults on Bribery Act guidance – International Law Office.
