Report No. 254

Chapter III

Analysis of Section 8 of the 2013 Bill

3.1. Section 8 introduces a new supply side offence, namely acts relating to bribing of a public servant, given that the 1988 Act did not directly criminalise "active domestic bribery". The Statement of Objects and Reasons makes it clear that the proposed section 8 was introduced to make domestic law consistent with the UNCAC (there being no mention of the UK Bribery Act) because:

Experience has shown that in a vast majority of cases, the bribe-giver goes scot free by taking resort to the provisions of section 24 and it becomes increasingly difficult to tackle consensual bribery. The aforesaid Convention enjoins that the promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, be made a criminal offence. Accordingly, it is proposed to substitute a new section 8 to meet the said obligation.