Asked by: Lord Sikka (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government how many (1) commercial organisations, and (2) individuals, have been prosecuted each year under the Bribery Act 2010 for failure to prevent bribery; and what outcome was secured in each such case.
Answered by Lord Stewart of Dirleton - Advocate General for Scotland
Section 7 of the Bribery Act 2010 provides that a commercial organisation is guilty of an offence of failing to prevent bribery if a person associated with the organisation bribes another person, intending to obtain or retain business or an advantage for the company. The offence can only be committed by a corporate body.
In respect of the two prosecuting agencies that the Attorney General superintends:
Year | Number of DPAs | Company |
2015 | 1 | Standard Bank |
2016 | 1 | Sarclad |
2017 | 1 | Rolls-Royce |
2018 | 0 | |
2019 | 1 | Guralp Systems ltd |
2020 | 2 | Airbus SE Airline Services ltd |
Asked by: Lord Sikka (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government, how many (1) bank directors, (2) insolvency practitioners, (3) estate agents, (4) lawyers, and (5) accountants, have been prosecuted since the publication of the report by the All Party Parliamentary Group on Fair Business Banking Project Lord Turnbull report, published on 22 June 2018.
Answered by Lord Stewart of Dirleton - Advocate General for Scotland
The Crown Prosecution Service (‘CPS’) do not have a mechanism for recording the profession of defendants and so are unable to provide the data requested.
The CPS continue to play an important role in prosecuting professionals, whether they be professionals who have used their position to commit crimes or whether they have enabled others to commit crimes. This includes bank directors, insolvency practitioners, estate agents, lawyers, and accountants.
It is important that alongside prosecuting professional individuals, prosecutors should have the right tools to pursue and prosecute corporate bodies. In November last year, this government announced the Law Commission Project on Corporate Criminal Liability, which will be conducted over a 12-month period with a view to setting out potential options for reform.
The above answer represents the position for England and Wales only, and not for Scotland, for which the data, if available, would be held by the Crown Office and Procurator Fiscal Service.