The CLLS has responded to the Ministry of Justice's (MoJ) consultation on adequate procedures under the Bribery Act. Its main concerns and suggestions are:
- the Guidance does not fulfil the MoJ's legal responsibility, as it is merely a set of principles, whereas it should be guidance about procedures commercial organisations can put in place;
- there should be a seventh principle that recognises proportionality;
- it would be helpful for the MoJ to set out suggested categories of procedures;
- there should be more clarity that an organisation need not necessarily carry out anti-corruption due diligence down its entire supply chain as not all suppliers will be "associated persons" for Bribery Act purposes;
- there should be some guidance on the scope of what carrying on business in the UK means in this context for organisations that have no physical presence in the UK but are listed in the UK or have agents in the UK;
- there must be more clarity on what might be prosecuted – prosecutorial guidelines might address this and any monetary levels of hospitality and promotional expenditure that would not give rise to a prosecution, and there should also be clear guidance on how organisations should deal with "petty" facilitation payments; and
- that the Guidance should have a formal status and should not refer to compliance with other guidance, because there will often be several potentially relevant pieces of guidance so the statement will create uncertainty.