On Her Majesty's Commercial Service: Bribery, Public Officials and the UK Intelligence Services

Abstract

This article sets into context and analyses the justification for committing bribery granted to the intelligence services by section 13 of the Bribery Act 2010. Particularly criticised is the extension of section 13 to include the intelligence services' statutory function of furthering ‘the economic well‐being’ of the UK. In a context in which there are high risks of corruption in forms of export business such as arms trading, it should not be acceptable that it is open to the intelligence services, if need be, to use bribery or related offences to further such business interests on behalf of the UK. More broadly, it is argued that the breadth of section 13 illustrates the moral ambivalence of the UK when it comes to bribery overseas. This is in spite of the strengthening of the law more generally through the Bribery Act 2010, in its application to overseas trade.