BRIBING foreign public officials will be a crime under anti-corruption proposals published yesterday by the Scottish Government.
There will also be a new corporate offence of negligently failing to prevent bribery.
The proposals were put forward by Justice Secretary Kenny MacAskill, who said the law needed to be clearer.
It will be modelled on proposals published in March for England and Wales.
These make it a criminal offence to give, promise or offer a bribe or to request, agree to receive or accept a bribe either at home or abroad, with the measures covering bribery of a foreign public official.
They also increase the maximum penalty for bribery from seven to 10 years’ imprisonment, with an unlimited fine, and will remove parliamentary privilege for MPs or peers being prosecuted.
Mr MacAskill said: “While Scotland has low levels of corruption, the current law on bribery and corruption is fragmented, outdated and in need of reform.
“We propose that Scotland requires a clearer legal framework to combat bribery in both the public and private sector, as well as to ensure compliance with international obligations.”
There will be two general offences – one dealing with bribing a person, and the other dealing with being bribed, said Mr MacAskill.
“These changes would not only assist the international fight against bribery and corruption, but would also further enhance Scotland’s reputation as an excellent place to do business,” he said.
There were three bribery and corruption offences in Scotland in 2006-07, seven in 2005-06 and 12 in 2004-05. There were just two in 2003-04 – but 29 in 2002-03.