On 30 March 2011 the Ministry of Justice released its long awaited guidance (the Guidance) setting out what may constitute an “adequate procedures” defence to an allegation that a commercial organisation failed to prevent bribery under section 7 of the UK Bribery Act 2010 (the Act). The publication of the Guidance, which was required under the provisions of the Act, paves the way for the entry into force of the Act on 1 July 2011.

In the foreword to the Guidance, the Secretary of State for Justice Mr. Kenneth Clarke recognises the impact of the Act on the business community and, while reiterating the UK’s commitment to tackling corruption, states that the Act is “directed at making life difficult for the mavericks responsible for corruption, not unduly burdening the vast majority of decent, law-abiding firms.”