Government proposes new bribery law
24 Jul 09
Consultation on adopting draft reforms for England & Wales
Anyone attempting to bribe another individual will face up to 10 years in jail under anti-corruption proposals published today by the Scottish Government.
The proposals have been put forward in a consultation launched by Justice Secretary Kenny MacAskill, who said the current law in Scotland was outdated and in need of reform.
Ministers plan to follow a paper to modernise the law in England & Wales published in March – based in turn on recommendations of the Law Commission for England & Wales – under which it would be a criminal offence to give, promise or offer a bribe or to request, agree to receive or accept a bribe either at home or abroad. Bribing a foreign public official would also become a separate offence.
Commercial organisations could be guilty of negligently failing to prevent bribery, where a responsible person or persons is or are so negligent. Companies could also be guilty of the principal offence if committed with the consent or connivance of a senior officer.
Reputation to protect
Mr MacAskill said: "The UK Government has presented its proposals for the UK draft Bill in terms of retaining the UK's reputation as one of the least corrupt countries in the world and therefore a good place to do business.
"We need to protect Scotland's reputation in the same way. In doing so we are maintaining a supportive business environment which can contribute to sustainable economic growth."
The number of prosecutions for bribery and corruption offences in Scotland in recent years has ranged from 29 in 2002-03 to only two in 2003-04. The average is about 11 a year.
The consultation runs until 23 October.
Click here to view the consultation paper.