Monty Raphael Comments on the New Bribery Act 2010 Guidance Published 30 March 2011
The Ministry of Justice have published their long awaited guidance on the Bribery Act 2010 today [1] following in-depth consultation with non-governmental organisations and business. The Guidance sets out the safeguards businesses can put in place to prevent bribery.
Monty Raphael, Full Time Special Counsel at Peters & Peters, and author of Blackstone’s Guide to the Bribery Act [2] (published Oxford University Press, 2010) comments that "No one thought there would be many prosecutions under the Act but now I believe there will be fewer still. Prosecutors, judges and juries are all sent a clear message: 'British business must be allowed to entertain and promote to remain competitive', and this is uncontroversial if it is reasonable and proportionate. What will worry anti-corruption campaigners and the OECD is the wriggle room unethical businesses will have to structure their corporate activities to try to take themselves outside the ambit of the legislation and still maintain their right to raise money on the London capital markets. Transactional lawyers will be in greater demand than compliance officers."
Monty is particularly known for his great expertise on the Bribery Act, as well as being the author of Blackstone’s Guide to the Bribery Act, he gave expert evidence to the House of Commons Joint Committee on the Bribery Bill and is referred to on pages 24, 27, 28, 33, 35, 38, 41, 83, 116, 121 and 124 of the report [3].
As well as regularly speaking at conferences on the Bribery Act, he regularly speaks on the radio and television and in the national press. For more information please see the news [4] on the Peters & Peters’ website.
Monty and his colleagues at Peters & Peters are available to help interpret the Guidance and the Sanctioning Policy that will emerge once the Act becomes law on July 1st.
Ends