As we all know, the 2017 general election did not result in a majority Conservative government. As a result, Teresa May struck a deal with the Democratic Unionist Party (DUP) in order to form the next government. The arrangement resulted in the DUP gaining a £1 billion aid package for Northern Ireland.
This deal is set to face judicial challenge in court within the next few weeks on the basis that it breaches the Good Friday agreement as well as the Bribery Act 2010. Ciaran McClean, a Green party activist, is leading the crowdfunded campaign and claims that the arrangement is “no more and no less than the purchase by the government of votes in parliament using public money“.
The Bribery Act
There have been relatively few cases involving breaches of the Bribery Act, so following this high profile example it seems appropriate to provide a refresher on a company’s obligations under the Act.
The Act introduced four bribery offences: an offence of bribing; an offence of being bribed; an offence of bribery of foreign public officials; and a corporate offence of failing to prevent bribery.
Following its introduction, companies began to worry about the impact of the Act on corporate hospitality and whether this would now be deemed a step too far under the Act. The Ministry of Justice was quick to ease these concerns by confirming that “reasonable, proportionate and bona fide corporate hospitality is an integral part of doing business and nobody wants to stop businesses from getting to know their clients“. However, in extreme circumstances hospitality can be bribery, depending on the underlying aim of the gesture.
