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Anti-fraud and corruption policy - Annex D - Anti-bribery policy
This policy forms part of the Councils’ approach to the Prevention of Financial Crime and should be read in conjunction with the whole Policy and supporting material.
1. Introduction
1.1 Bribery is a criminal offence. We do not, and will not, pay bribes or offer improper inducements to anyone for any purpose, nor do we, or will we, accept bribes or improper inducements.
1.2 To use a third party as a conduit to channel bribes to others is a criminal offence. We do not, and will not, engage indirectly in or otherwise encourage bribery.
1.3 We are committed to the prevention, deterrence and detection of bribery. We aim to maintain anti-bribery compliance “business as usual”, rather than as a one-off exercise.
2. Purpose
2.1 The purpose of this policy is to ensure that all staff and Members are aware of:
- What bribery is;
- The legislative changes;
- Their responsibilities;
- The consequences of non-compliance with this policy.
3. What is classed as bribery
3.1 Bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage.
4. The Bribery Act 2010
4.1 There are four key offences under the Act:
- Bribery of another person;
- Accepting a bribe;
- Bribing a foreign official;
- Failing to prevent bribery
4.2 The Bribery Act 2010 makes it an offence to offer, promise or give a bribe. It also makes it an offence to request, agree to receive, or accept a bribe. There is also a separate offence of bribing a foreign official with the intention of obtaining or retaining business or an advantage in the conduct of business.
4.3 The Act also states that it is a corporate offence to fail to prevent bribery that is intended to obtain or retain business, or an advantage in the conduct of business. This is what is known as a ‘strict liability’ offence. This means that there is no need to prove negligence or management complicity. An organisation will have a defence to this corporate offence if it can show that it had in place adequate procedures designed to prevent bribery by or of persons associated with the organisation.
5. Our responsibilities
All staff, Members and associated persons must:
- ensure that they read, understand and comply with this policy;
- raise concerns as soon as possible if they believe or suspect that a conflict with this policy has occurred, or may occur in the future.
As well as the possibility of civil and criminal prosecution, staff that breach this policy will face disciplinary action, which could result in dismissal for gross misconduct.
5.1 Bribery is not tolerated
5.1.1 It is unacceptable to:
- give, promise to give, or offer a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
- give, promise to give, or offer a payment, gift or hospitality to a government official, agent or representative to "facilitate" or expedite a routine procedure;
- accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;
- accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return;
- retaliate against or threaten a person who has refused to commit a bribery offence or who has raised concerns under this policy;
- engage in activity in breach of this policy.
5.2 Facilitation payments
5.2.1 Facilitation payments (minor amounts paid to public officials to expedite routine business activities) are not tolerated and are illegal.
5.3 Gifts and hospitality
5.3.1 The Councils’ policy regarding the requirements for gifts and hospitality is set out within the Code of Conduct Policy for Members and Employees. Hospitality is not prohibited by the Act.
5.4 Public contracts and failure to prevent bribery
5.4.1 Under the Public Contracts Regulations 2015 (which gives effect to EU law in the UK), a company is automatically and perpetually debarred from competing for public contracts where it is convicted of a corruption offence. There are no plans to amend the 2006 Regulations for this to include the crime of failure to prevent bribery. Organisations that are convicted of failing to prevent bribery are not automatically barred from participating in tenders for public contracts. Local Authority have the discretion to exclude organisations convicted of this offence.
6. Consequences of non-compliance
6.1 An individual guilty of a bribery offence may be liable:
- On conviction in a magistrates court, to imprisonment for a maximum term of 12 months, or to a fine not exceeding £5,000 or to both.
- On conviction in a crown court, to imprisonment for a maximum term of 10 years, or to an unlimited fine, or both.
6.2 The Council/s, if convicted, could be liable to the same level of fines and, if guilty, is liable to an unlimited fine.
7. Reporting bribery
7.1 Please report any suspicions of bribery through the Councils’ Whistleblowing Policy.
7.2 We all have a responsibility to help detect, prevent and report instances of bribery. If you have a concern regarding a suspected instance of bribery or corruption, please speak up – your information and assistance will help. The sooner you act, the sooner it can be resolved.
