Prevention of corruption – UK legislation and enforcement
| DOI | https://doi.org/10.1108/13581980710744066 |
| Pages | 180-185 |
| Date | 15 May 2007 |
| Published date | 15 May 2007 |
| Author | George Brown |
| Subject Matter | Accounting & finance |
Prevention of corruption – UK
legislation and enforcement
George Brown
Reed Smith Richards Butler LLP, London, UK
Abstract
Purpose – The aim of the paper is to document the controls that presently exist in relation to
domestic corruption, the need for reform of the law, in relation to both domestic and international
corruption and the challenges that are faced by the UK Government in relation to enforcement of the
laws that regulate corruption overseas.
Design/methodology/approach – The paper details the legislation and enforcement of the
legislation to date as well as the proposed changes to the legislation. There is an examination of
enforcement of the laws controlling corruption overseas are enforced. There is, in particular, a review
of the decision to terminate the investigation into the BAE Al Yamamah contract.
Findings – The paper records what appears to be an accepted need for reform of the laws controlling
both domestic and international corruption as well as international suspicion that the UK authorities
commitment to enforcement in relation to corruption overseas is questionable and, in particular, that
the UK authorities may well be taking account the country’s economic interest in coming to a decision
to terminate the BAE Al Yamamah investigation.
Practical implications – A failure by the UK Government to put into place effective legislation and
enforcement, in relation to corruption overseas, could result in the UK Government being in breach of
obligations contained within the OECD Convention on Combating Bribery of Foreign Public Officials
in International Business Transactions.
Originality/value – The paper undertakes a review of the present state of law and enforcement in
relation to laws controlling corruption in light of the termination of the BAE Al Yamamah
investigation which only took place in December 2006.
Keywords Corruption, Lawsand legislation, United Kingdom
Paper type Viewpoint
Existing corruption law is complex, inconsistent and outdated. Scattered amongst a
number of Acts, some of the law has not been updated as far back as 1889. It can be
difficult too for our law enforcement authorities to use and the inconsistency, lack of
definition and various gaps in the legislation might lead to corrupt individuals being
acquitted.
These are the words of Lord Falconer (the present Lord Chancellor), then a Home Office
Minister whose responsibilities included reform of the criminal justice system, which
formed part of a press release produced to accompany a Corruption Bill published on
24 March 2003. However, the outdated laws which were referred to by Lord Falconer
have not been updated.
The government has stated its commitment to both reforming the laws controlling
corruption and, through better employment, increasing their effectiveness in controlling
the behaviour of UK citizens and companies overseas. Unfortunately progress both in
relation to both of these has been painfully slow.
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1358-1988.htm
JFRC
15,2
180
Journal of Financial Regulation and
Compliance
Vol. 15 No. 2, 2007
pp. 180-185
qEmerald Group Publishing Limited
1358-1988
DOI 10.1108/13581980710744066
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