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CORRUPTION AND MISUSE OF PUBLIC OFFICE
Edited by
Colin Nicholls QC, Tim Daniel, Martin Polaine and John Hatchard
OXFORD UNIVERSITY PRESS
ISBN: 9780199274581
Price: £125
A GLOBAL BATTLE AGAINST CORRUPTION
A review by Phillip Taylor MBE
Malet Street Gazette Barrister Desk Editor
This is a highly topical book at a time when ‘cash for honours’ is top of the
domestic political agenda in the United Kingdom, not only with the inaction of
the Yates Report but the forthcoming resolution to the Abrahams Affair which
emerged in late 2007.
Actually, the book is about a great deal more than possible wrong-doing at 10
Downing Street because corruption is so rife internationally. In keeping with
many legal books published in the last year or so, the authors start off with a
classical reference to the many-headed Hydra – cut off one head and two appear
in its place - just like corruption! The four authors are realistic enough to
recognise that their taxing Labours (unlike those of Hercules) will be important
considerations for the future as international society continues to burn out the
roots of corruption...if it can.
Global Concerns
But Colin Nicholls and his three colleagues have produced a most worthwhile book
with an excellent foreword by the Lord Chief Justice. By far the most important
theme is the global problem. Events during 2006 and 2007 have shown serious
difficulties in what should be considered ‘corrupt’ because some countries have
very different views from others as the UN and EU acknowledge. Lord Phillips
rightly describes the book as filling a large gap in our understanding of this
area of law. He succinctly describes the work as a valuable tool for those bent
on attacking an evil which, if left unchecked, can infect the life of a nation.
Lord Phillips might add to this view the problem of lasting damage and the
undermining of standards which are playing such an important concern for all in
modern political life at the beginning of the twenty-first century.
One Source
The greatest attribute of the book is to bring together, in one source, a wide
range of primary and secondary legislation together with international treaties
and agreements. I met Mr Nicholls and his co-writer, Tim Daniels, last year, and
I was greatly impressed by their clear and detailed knowledge and experience of
what is a very confusing area of law both to the British and for many overseas
businessmen and politicians.
The authors have succeeded in their aim of coverage of not just UK and ECHR law,
but also the large amount of international comment and numerous publications as
well. They explain that corruption has little regard for national borders and
Lord Phillips states the facts baldly introducing the issue when he says “The
World Bank estimates that 6% of the world’s economy was paid in bribes in
2004”. Not comfortable reading but indicative of a problem which, like the
internet, has no boundaries as such and is a problem all countries must face
together.
As the only dedicated work in this subject, four aims are achieved:
• stating the law relating to corruption and misuse of public office in a
clear and accessible manner;
• examining the legal and practical issues relating to the
investigation and prosecution of corruption by providing practitioners with a
full guide to the handling of a corruption case;
• analysing the regulatory mechanisms for dealing with
standards in public life; and
• the production ofensive coverage of the international
efforts which are being made to combat corruption, giving practitioners the
ability to use the information published with confidence where they are handling
cases which involve foreign officials.
Statutes
Legislation in this area has continued to develop in recent years with
anti-terrorism measures, the Crime and Security Act 2001 and the Proceeds of
Crime Act 2002 to name but a few. Parliament’s aim has been to extend the UK’s
jurisdiction to corruption offences committed abroad by UK nationals and
incorporated bodies, and to strengthen the mechanisms to recover assets and
wealth obtained as a result of unlawful activity.
The authors have extensive experience in handling criminal and civil aspects of
corruption cases and the current law on corruption and misuse of public office
is clearly stated. Of particular relevance are the examinations of legal and
practical issues relating to the investigation and prosecution of corruption
cases with the inclusion of information on whistle-blowing and the recovery and
repatriation of assets.
The global connection is never far away, and this book gives practitioners the
ability to handle any aspect of a corruption case by the use of a detailed
analysis of the international efforts to combat corruption, and the legal
developments which are now taking place globally in areas of interest to the
United Nations, the European Union, OECD and the Commonwealth. UK Government
agencies will find this book particularly helpful.
Contents
There are eleven main chapters covering the following: the meaning and scope of
corruption; offences of bribery and corruption; misconduct in a public office;
the investigation and prosecution of corruption; the movement for reform; civil
remedies and recoveries; the regulation of conduct in public life; international
and regional initiatives; the bribery of foreign public officials; and the
corruption laws of other jurisdictions.
There are 34 excellent reference appendices which many readers may feel probably
only touches the surface of some of the hidden problems within certain countries
which we know little about because of cover ups. The work of the EU and UN are
published in some detail which will be highly relevant to academics and the
final two appendices consider the detail of a draft corruption bill.
The Future
When Tony Blair came to office in 1997, many words were spoken about the then
“problems”, not just concerning ‘brown envelopes’ but also standards in public
life generally. I would like to have reported that improvements to standards
have been made but it would appear that the Hydra is still alive and kicking
with many aspects of public life still under scrutiny, and still subject to
massive debate for some of the things which have been happening in government in
the ten years since John Major left office.
Blair left No 10 having tried to sort out some issues but become embroiled in
other, more far-reaching problems which have infected our national life. The
Lord Chief Justice writes that this book fills a gap. Yes, it does, but only
partially. I felt the two authors I met realised only too well that their work
is not yet finished and that it has probably barely begun as initiatives to
fight corruption remain somewhat neutered by certain world powers.
There will need to be a further edition as shifts in morality continue- this
worthwhile and valuable contemporary book will clearly become something more
when the changes in Downing Street which took place during 2007 are fully
realised, and Brown’s new government grasps the entire nettle system when New
Labour had promised to burn the root out of... what seems now like so many years
ago! The trouble is – it is still there as David Abrahams has shown with a
possible new ‘first’ with the prosecution of Labour Party officials in 2008.
April 2007
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