Corporate Bribery and Corruption: Efficacious regulation or blissful ignorance?
Lead Research Organisation:
University of Reading
Department Name: Sch of Law
Abstract
Recent events have reminded the world of the harm corporations can do when they choose to conduct operations in a negligent and/or corrupt manner. Such behaviour is increasingly attracting the attention of governments across the globe; as well as advocacy groups, charities and non-governmental organisations. The message, bribery and corruption is a big problem. Actions which were formally considered to be awful, but entirely lawful, are now under close scrutiny. The prevention of corruption has an increasing prevalence, and in so doing this work will take a microscope to corporations. An arena noted by Transparency International UK to be under-researched and at continual risk of corporate greed, this thesis shall look at how best corporate wrongdoing can and should be controlled.
Corporate regulation and/or control has given rise to numerous debates. From the 1980's Audit Explosion (Power) to the rise of Responsive Regulation (Ayres and Braithwaite), such mechanisms can all relate to the concern of how best corporate wrongdoing can or should be policed. Such tensions demonstrate that there is a need to balance the perspectives, moving beyond theoretical application, into practical implementation. The creation of the Bribery Act 2010 has seen a shift in legislative outlook. With it's assets being described as "legislation on steroids", has it succeeded in living up to its reputation? This thesis will evaluate the s.7 Bribery Act 2010 adequate procedures corporate defence and illustrate how simple statements of proclamations are insufficient. Adequate procedures, in its multifaceted form, are in need of becoming more than just adequate. From whistle-blower protections, to practically aimed strategies. With writers describing corporations as having amoebic qualities, it is with that in mind that this author recommends that with such an ability to change; transparency, honesty, integrity and ethical determination becomes the forefront of commercial operation.
One year on from the London Anti-Corruption Summit, actions promised by the UK remain pending and overdue. This includes the development of an anti-corruption strategy. In accordance with this theme, the research will make a contribution to the commercial sector by:1) Developing the existing culture of merely advocating ethical self-governance, by introducing processes and practices to assist in the commitment to change. 2) Exploring how best corporate culture can be transformed. By recognising the need to be proactive rather than reactive, compliance can be driven from the position of prevention being better than cure. 3) Ultimately offering conclusions and recommendations as to how corporate corruption can be tackled through an increase in transparency and targeted policies which are directly associated to senior personnel. 4) Re-evaluating the concept of how best to punish corporations when they fall foul of criminal law. Despite a selection of civil remedies, we need to question how we can ensure that economical interest do not go before that which is justiciable.
Corporate regulation and/or control has given rise to numerous debates. From the 1980's Audit Explosion (Power) to the rise of Responsive Regulation (Ayres and Braithwaite), such mechanisms can all relate to the concern of how best corporate wrongdoing can or should be policed. Such tensions demonstrate that there is a need to balance the perspectives, moving beyond theoretical application, into practical implementation. The creation of the Bribery Act 2010 has seen a shift in legislative outlook. With it's assets being described as "legislation on steroids", has it succeeded in living up to its reputation? This thesis will evaluate the s.7 Bribery Act 2010 adequate procedures corporate defence and illustrate how simple statements of proclamations are insufficient. Adequate procedures, in its multifaceted form, are in need of becoming more than just adequate. From whistle-blower protections, to practically aimed strategies. With writers describing corporations as having amoebic qualities, it is with that in mind that this author recommends that with such an ability to change; transparency, honesty, integrity and ethical determination becomes the forefront of commercial operation.
One year on from the London Anti-Corruption Summit, actions promised by the UK remain pending and overdue. This includes the development of an anti-corruption strategy. In accordance with this theme, the research will make a contribution to the commercial sector by:1) Developing the existing culture of merely advocating ethical self-governance, by introducing processes and practices to assist in the commitment to change. 2) Exploring how best corporate culture can be transformed. By recognising the need to be proactive rather than reactive, compliance can be driven from the position of prevention being better than cure. 3) Ultimately offering conclusions and recommendations as to how corporate corruption can be tackled through an increase in transparency and targeted policies which are directly associated to senior personnel. 4) Re-evaluating the concept of how best to punish corporations when they fall foul of criminal law. Despite a selection of civil remedies, we need to question how we can ensure that economical interest do not go before that which is justiciable.
Organisations
Studentship Projects
| Project Reference | Relationship | Related To | Start | End | Student Name |
|---|---|---|---|---|---|
| ES/P00072X/1 | 01/10/2017 | 30/09/2027 | |||
| 1943274 | Studentship | ES/P00072X/1 | 01/10/2017 | 20/09/2020 | Nicholas Mills |
| Description | Project is still underway. I have previously had to suspend for personal/family reasons so interviews and writing up are yet to be concluded. Therefore these answers are not fully reflective of the final outcomes. Presently, the evidence suggests that the theoretical debates of corporate crime control - one of deterrence (punishment) versus compliance (persuasion) - are in the UK arguably weighted towards the latter. Insufficient funding, resourcing and political will has created a culture where corporate criminality is seldom punished. Even when the authorities have evidence to suggest criminality exists, this should be balanced by the reality that criminal punishment is hard to achieve. Instead, governments and enforcement agencies have become heavily reliant on corporate self-regulation. This seemingly appears to be self-contradicting as it defeats the rationale upon which regulation is needed. In other words, if government regulation of an industry or problem is considered necessary, how can that responsibility then be returned to those from whom it was taken? This suggests that in effect, a regulatory paradox has come to exist in that corporations who fall foul their regulatory objectives and commit crimes of bribery and corruption are by their very position subjected to and express adherence towards legal frameworks. In response, they impose self-regulatory frameworks and controls - often to exacting and audited standards. None the less, when corporations do fall foul of their regulatory goals, the state seemingly suffers a difficulty in being able to enforce the failed regulation in ways other than civil settlements, detracting from the deterrence of wrongdoing and the sanctioning of rule-breaking. |
| Exploitation Route | Published book chapter produced: "Assets, Crimes and the State: Innovation in 21st Century Legal Responses" (Routledge). it is intended the outcomes can be used to exemplify the need for strong self-regulation and a greater degree of enforcement oversight. |
| Sectors | Other |
| Description | Published book chapter: "Assets, Crimes and the State: Innovation in 21st Century Legal Responses" (Routledge). My research and agenda has been utilised in placements with corporate law firms; helping to draft client updates. My current role (Risk and Compliance Paralegal) has been gained due to this work and I am presently overseeing the creation, management and implementation of a risk management framework for a growing international company. |
| First Year Of Impact | 2019 |
| Sector | Government, Democracy and Justice,Other |
| Impact Types | Economic,Policy & public services |