The Ministry of Justice has published draft guidance to companies on procedures to prevent bribery.

The guidance is published under section 9 of the Bribery Act, which is due to come into force next April. The Bribery Act creates a new corporate offence of failure to prevent bribery by persons associated with a commercial organisation. It is a defence for an organisation to prove it had adequate procedures in place to prevent persons associated with it from engaging in bribery.

The guidance sets out six principles to guide companies: risk assessment; top-level commitment; due diligence; clear, practical and accessible policies and procedures; effective implementation; and monitoring and review.

In the event of prosecution, it says the onus remains on the organisation to prove it had adequate procedures in place to prevent bribery. It stresses that this remains a matter for the courts, taking into account the particular facts and circumstances of the case.

Justice secretary Ken Clarke said: ‘Bribery, if left unchecked, destroys the integrity and ethical foundations of all institutions, public and private. The United Kingdom is committed to play an important role in maintaining the momentum towards the establishment of the highest international standards and the promotion of bribery prevention good practice on both the demand and supply side of commercial bribery.’

He added: ‘I am confident that the proposals we are making…will produce a practicable but flexible framework for the development of risk-based bribery prevention procedures suitable for commercial organisations of all types and sizes and wherever they do business.’

The consultation is open until 8 November and can be found on the Consultations page of the Ministry of Justice website.