Leading article: Prosecuting bribery is in Britain's national interest

The Serious Fraud Office is right to keep the pressure on BAE Systems

Could the stables finally get a public cleaning? The Serious Fraud Office has asked the Attorney General to prosecute BAE Systems, Britain's biggest manufacturer, for bribing officials from several African and eastern European nations in order to win contracts.

Let us be clear. It is BAE's intransigence that has brought it to this pass. BAE admitted last year that its international business dealings in the 1980s and 1990s fell short of ethical standards. And the SFO was prepared to accept a bargain in which BAE accepted a hefty fine and made a public admission of wrongdoing. But BAE baulked at these terms on the grounds that they might jeopardise its future ability to win business. The company's first priority, it says, must be to its shareholders.

So this has become a battle between a giant corporate interest and the authority of the law. It is a struggle in which the law must prevail - and be seen to prevail. This is all the more vital after the investigation into BAE's dealings with Saudi Arabia was quashed three years ago because of political pressure. To shelve one investigation into corruption was bad enough. To shelve two would be disastrous.

For BAE to escape without serious consequence for its corrupt behaviour would send a dangerous signal to the world about British attitudes to bribery. Of course, international trade, like diplomacy, often requires governments and firms to hold their nose. There are times when it is necessary to deal with unsavoury regimes. Yet if we stretch our definition of "doing business" to include paying bribes we cross a fatal line.

Some argue that since BAE is a significant employer in Britain we should tread carefully. They point out that other national military manufacturers, which are prepared to pay bribes, would gladly scoop up any business we forgo. It is not in Britain's national interest, they say, to take a strong line on corruption.

The problem with this is that it reflects a hopelessly narrow view of British national interests. Our future prosperity will depend, to a large degree, on free trade between free and economically developing nations. Yet there are few greater impediments to freedom and growth around the world than rapacious and corrupt governments. Rich Western nations, including Britain, criticise regimes in Africa and elsewhere for their embezzlement and graft. But what moral authority do we have to do so if we send our businesses over to these nations laden with bribes? What moral authority can we claim if we ignore our own domestic laws banning companies from bribing foreign officials? In short, how can we hope to eradicate wealth-destroying corruption if we connive in it? Bribery is, in the end, bad for business.

As the former Lord Chief Justice Lord Woolf put it in an ethics report commissioned by BAE itself last year: "There are contracts that are not worth having and will do long-term damage to the company." Paying bribes and arming corrupt regimes is bad for the populations of those countries that receive the bribes, bad for Britain's international reputation, and, ultimately, bad for the businesses that pay them.

BAE maintains that it has changed its ways. Yet the firm refuses to make a meaningful admission of guilt. Until that is forthcoming, it needs to be subject to the full force of the criminal justice system.

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

Child of the revolution: the Burmese family that democracy brought back together

Home of the free

The Burmese family that democracy brought back together
Cannes review: Canine accolade and Hitler's return are high spots amid the gloom

Cannes review

Frocks, canine accolade and Hitler's return
Robert Fisk: The going price of getting away with murder... would $33m be enough?

The going price of getting away with murder

Robert Fisk: The long view
Principled Skinner rises above the fray

Principled Skinner rises above the fray

Andy McSmith meets Dennis Skinner
Patrick Cockburn: I fear this terrible massacre will be the beginning of a long civil war in Syria

Patrick Cockburn

I fear this terrible massacre will be the beginning of a long civil war in Syria
Hardeep Singh Kohli: For me, it is all about 'Gregory's Girl', a record of first love

Hardeep Singh Kohli

For me, it is all about 'Gregory's Girl', a record of first love
Christian Louboutin: 'I don't think comfort equals happiness'

Christian Louboutin interview

'I don't think comfort equals happiness'
Happy birthday, Hotel Babylon!

Happy birthday, Hotel Babylon!

Hollywood's home to the A-list celebrates 100 years of discreet luxury
Rupert Cornwell: Low-rise capital could finally reach for the sky

Rupert Cornwell: Out of America

Low-rise capital could finally reach for the sky
The secret life of the red carpet

The secret life of the red carpet

As Cannes reaches its climax with the Palme d'Or and the celebrities gather in London for the Baftas tonight, Kate Youde and Jack Dean investigate the real star of the show
It's not easy being Professor Green: The rapper, the heiress and a drama made in Chelsea...

It's not easy being Professor Green

The rapper, the heiress and a drama made in Chelsea...
Hardcore, hard-wired: How the prevalence of porn is changing our everyday lives

How porn is changing our lives

It's everywhere - from pop videos to fashion magazines to the theatrical stage.
River Phoenix: the final reel

River Phoenix: the final reel

Twenty years after the actor's death, his last film is to be released
Facebook: The shares shenanigans

Facebook: The shares shenanigans

Investors are crying foul over the huge losses they incurred when the social network site floated on the stock market last week
Up and away – how '7 Up' went global

Up and away – how '7 Up' went global

As the last episode of Britain's '56 Up' airs, the first episode of '28 Up', from the former USSR, starts. Then there's the US, Japan, Germany...