Colin Nicholls QC

A GLOBAL BATTLE AGAINST CORRUPTION

This is a highly topical book at a time when ‘cash for honours’ is top of the domestic political agenda in the United Kingdom. Actually, the book is about a great deal more than possible wrong-doing at 10 Downing Street. 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 of extensive 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 leaves 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 changes in Downing Street take place during 2007 and a new government grasps the entire nettle system when it had promised to burn the root out of what seems now like so many years ago. The trouble is – it is still there.… (mere)