Pictured above: Samantha Haines

Companies need to get their procedures in order to ensure they will not fall foul of anti-bribery legislation coming into force next year, a Stratford-upon-Avon lawyer has warned.

Samantha Haines, compliance officer at Lodders Solicitors, says ignorance will be no defence when the Bribery Act becomes law.

As well as reforming the existing law, the Act introduces new offences of receiving a bribe, bribing a foreign official and failing to prevent employees, agents, suppliers and owners of businesses from offering bribes.

It applies to business transactions at home and abroad.

Samantha Haines said: "The scope of the new law is wide and companies must show they have robust policies in place to be able to tackle bribery. If they are convicted, companies face unlimited fines and individuals could be jailed for up to ten years.

"A business could also be prevented from seeking future public contracts and suffer serious damage to its reputation."

Companies will have to put in place whistle-blowing procedures and must report to the Serious Fraud Office instances of bribery or suspected bribery of their employees, bosses, agents and suppliers.

"This goes much further than the existing Proceeds of Crime Act, which at worst requires the reporting of clients to the Serious Organised Crime Agency or at best the other side," said Ms Haines.

Adequate procedures are not defined but are likely to include having in place proper policies and procedures, the training of staff, enforcement and monitoring.

Entertainment, hospitality and gifts will also come under the scope of the Act. These must be reasonable, proportionate and not targeted, although it is still unclear exactly how the authorities will apply the law. "We would hope that the prosecuting authorities will take a common sense approach," said Ms Haines. "The Government has said it recognises that hospitality plays a key role in business across the world, so it is to be hoped that prosecutors take this on board."

Fuller guidelines on the detail of precautions companies should take will be published in the New Year and the Act is due to become law in April.

For more information contact Samantha Haines, Compliance Officer, at Lodders Solicitors LLP on 01789 206110 or Samantha.haines@lodders.co.uk

For more information about Lodders, please visit their website here: www.lodders.co.uk