“You would expect [the Bribery Bill] to criminalise both the person who pays a bribe and the person who accepts one. And so it does. But the Bribery Bill also makes it lawful for a very broad range of law enforcement agencies to provide or receive what would otherwise be improper financial inducements. They include not just the police, prosecutors and bodies such as HM Revenue & Customs and the UK Borders Agency. Clause 12 would allow every environmental health officer and local authority trading standards officer in the land to go around handing out or accepting cash if they can prove, on the balance of probabilities, that this is necessary for the prevention, investigation or detection of ‘serious’ crime.
Officers from all the security and intelligence services would also be able to pay or receive bribes if they can show it was needed for the ‘proper exercise of any function’. So would all troops on active service.”
Says House of Lords Constitution Committee member Lord Pannick QC,
“It is quite unacceptable for any intelligence officer of whatever rank, any employee of the CPS or any employee of a local authority carrying out law enforcement functions to be able to decide for themselves to carry out an act of bribery.”
Quite so.