So the dust of the Guyanese elections has settled like a fine coat of snow on a winter wonderland meadow and the children of Guyana’s political family rush to sit next to their new best friends to get a slice of the festive pudding! In this new climate of compromise and goodwill, what will be the New Year challenges facing the new head of the table and those who aspire to be the conscience of the country.
Let me get the political party (sic) under way by suggesting a cross-party consensus to implement a Bribery Act as has recently been done in the UK but obviously relevant to Guyana . The UK Bribery Act 2010 replaces the offences at common law and under the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916, under a new consolidated scheme of bribery offences.
The UK’s Ministry of Justice guidance (available on the internet) to its Bribery Act sets out guiding principles as follows: Two general offences covering the offering, promising or giving of an advantage, and the requesting, agreeing to receive or accepting of an advantage; A discrete offence of bribery of a foreign public official ; A new offence of failure by a commercial organisation to prevent a bribe being paid for on its behalf; A maximum penalty of 10 years imprisonment for all the offences, except the offence relating to a commercial organisation, which will carry an unlimited fine; Extra-territorial jurisdiction to prosecute bribery committed abroad.
As with most criminal legislation, the Act also sets out defences available to individuals and organisations. Bona Fide hospitality and promotional expenditure should not be caught by the Act as long as it is proportionate.
So on this festive food for thought, I take this opportunity of wishing everyone a Peaceful Christmas and Happy New Year 2012.
Robert S. Drepaul
No comments:
Post a Comment