Anti-bribery policy

1.0 Policy statement

1.1 Bribery is a criminal offence. Council officers and elected members will not pay bribes or offer improper inducements to anyone for any purpose, nor will they 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 The council is committed to conducting business in an ethical and honest manner and to implementing and enforcing systems that ensure bribery is prevented. Those representing the council will act professionally, fairly and with integrity in all business dealings and relationships.

1.4 The council is committed to the prevention, deterrence, and detection of bribery and has a zero-tolerance towards bribery.

1.5 The council aims to maintain anti-bribery compliance as ‘business as usual’, rather than as a one-off exercise.

2.0 Scope and definitions

2.1 This policy applies to all council operations and services and those involved, including the following ‘relevant persons’:

All council employees (including volunteers, temporary staff and agency staff)
Elected members
Staff and committee members of council funded voluntary organisations
Council partners
Local authority-maintained schools
Council suppliers, contractors and consultants (whether engaged directly or indirectly through partnership working) - the council’s template contractual terms set out the main principles which the council expects all suppliers to comply with - the council expects its suppliers throughout the supply chain to support the principles contained in the code of conduct, and to actively communicate and promote the principles to their own supply chains

2.2 Within the council, the responsibility to prevent, detect and control the risk of bribery occurring resides at all levels. It does not rest solely within assurance functions, but in all services and corporate functions.

2.3 Bribery consists of offering or giving a financial or other advantage with the intention of inducing a person to improperly perform a relevant function or activity or to reward a person for the improper performance of such a function or activity.

2.4 A relevant function or activity includes any function of a public nature and any activity connected with a business. Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.

2.5 Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law. Bribery is a crime, and the council has a zero tolerance, regardless of whether bribery is committed directly, passively or through a third party.

2.6 The council is strictly against bribery in any form or shape. Anyone who is uncertain about whether something is a bribe or a gift or act of hospitality must seek further advice from a manager, Corporate Leadership Network (directors and assistant directors) or the council’s monitoring officer.

3.0 Objectives and outcomes

3.1 This policy provides a coherent and consistent framework to enable the council’s employees (and other ‘relevant persons’) to understand and implement arrangements enabling compliance. In conjunction with related policies and key documents it will also enable employees to identify and effectively report a potential breach

3.2 We require that all personnel, including those permanently employed, temporary agency staff and contractors:

act honestly and with integrity at all times and to safeguard the council’s resources for which they are responsible
comply with the spirit, as well as the letter, of the laws and regulations of all jurisdictions in which the council operates, in respect of the lawful and responsible conduct of activities.

4.0 The Bribery Act

4.1 There are four key offences under the Bribery Act 2010:

Bribery of another person (section 1)
Accepting a bribe (section 2)
Bribing a foreign official (section 6)
Failing to prevent bribery (section 7)

4.2 The Bribery Act 2010 makes it an offence to offer, promise or give a bribe (section 1). It also makes it an offence to request, agree to receive, or accept a bribe (section 2). Section 6 of the Act creates a separate offence of bribing a foreign public official with the intention of obtaining or retaining business or an advantage in the conduct of business.

4.3 An individual guilty of an offence under sections 1, 2 or 6 is 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; or
On conviction in a crown court, to imprisonment for a maximum term of ten years, or to an unlimited fine, or both

4.4 There is also a corporate offence under section 7 of failure by a commercial organisation to prevent bribery that is intended to obtain or retain business, or an advantage in the conduct of business, for the organisation. 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. Raising awareness of bribery risk and maintaining up-to-date polices would form part of this defence.

4.5 Organisations are liable for these fines and if guilty of an offence under section 7 are liable to an unlimited fine.

5.0 Adequate procedures

5.1 Whether the procedures are adequate will ultimately be a matter for the courts to decide on a case-by-case basis. Adequate procedures need to be applied proportionately, based on the level of risk of bribery in the organisation. It is for individual organisations to determine proportionate procedures in the recommended areas of six principles. The principles are not prescriptive and are intended to be flexible and outcome focussed e.g. small organisations will face different challenges to those faced by large multi-national enterprises.

5.2 Proportionate procedures: The council’s procedures to prevent bribery by persons associated with it are proportionate to the bribery risks it faces and to the nature, scale and complexity of its activities. They are also clear, practical, accessible, effectively implemented and enforced.

5.3 Top level commitment: Elected members and the council’s Senior Management Team are committed to preventing bribery by persons associated with the council. They foster a culture within the council in which bribery is never acceptable.

5.4 Risk Assessment: The council assesses the nature and extent of its exposure to potential external and internal risks of bribery on its behalf by persons associated with it. The assessment is periodic, informed and documented. It includes financial risks but also other risks such as reputational damage.

5.5 Due diligence: The council applies due diligence procedures, taking a proportionate and risk-based approach in respect of persons who perform or will perform services for or on behalf of the organisation in order to mitigate identified bribery risks.

5.6 Communication: The council seeks to ensure that its bribery prevention policies and procedures are embedded and understood throughout the organisation through internal and external communication, including training that is proportionate to the risks it faces.

5.7 Monitoring and review: The council monitors and reviews procedures designed to prevent bribery by persons associated with it and makes improvements where necessary.

5.8 The council is committed to proportional implementation of the above principles.

6.0 Bribery will not be tolerated

6.1 It is unacceptable to:

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; or
engage in activity in breach of this policy

7.0 Facilitation payments

7.1 Facilitation payments are not tolerated and are illegal. Facilitation payments are unofficial payments made to public officials in order to secure or expedite actions.

8.0 Gifts and hospitality

8.1 This policy is not intended to change the requirements of the council’s code of conduct for officers (section 3) or members (section 10).

8.2 In general terms, however, an employee or elected member must:

Treat any offer of a gift or hospitality if it is made to them personally with extreme caution
Not receive any reward or fee other than their salary
Never accept monetary gifts of any kind
Always refuse offers of gifts or services to them (or their family members) from organisations or persons who do, or might, provide work, goods or services, to the council or who require a decision from the council
Always report any such offer to their line manager or the Monitoring Officer

9.0 Public contracts and failure to prevent bribery

9.1 Under the Public Contracts Regulations 2015 (which gives effect to EU law in the UK), contracting authorities shall exclude a supplier from participation in a procurement procedure where they have established that supplier has been convicted of certain offences, including bribery.

10.0 Officer responsibilities

10.1 The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for the organisation or under its control. All employees are required to avoid activity that breaches this policy.

10.2 As an officer, you must:

ensure that you read, understand and comply with this policy
raise concerns as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future

10.3 As well as the possibility of civil and criminal prosecution, employees breaching this policy will face disciplinary action, which could result in dismissal for gross misconduct.

11.0 Raising a concern

11.1 The council is committed to ensuring that all of us have a safe, reliable, and confidential way of reporting any suspicious activity. We want each and every employee to know how they can raise concerns.

11.2 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.

11.3 There are multiple channels to help you raise concerns. Preferably the disclosure will be made and resolved internally e.g. to your line manager, head of service, Internal Audit or to the Monitoring Officer. Alternatively, where internal disclosure proves inappropriate, concerns can be raised with the council’s external auditor. Raising concerns in these ways may be more likely to be considered reasonable than making disclosures publicly e.g. to the media.

11.4 Concerns can be anonymous. In the event that an incident of bribery, corruption, or wrongdoing is reported, we will act as soon as possible to evaluate the situation. We have clearly defined procedures for investigating fraud, misconduct and non-compliance issues and these will be followed in any investigation of this kind. This is easier and quicker if concerns raised are not anonymous.

11.5 Employees who refuse to accept or offer a bribe, or those who raise concerns or report wrongdoing can understandably be worried about the repercussions. The council aims to encourage openness and will support anyone who raises a genuine concern in good faith under this policy, even if they turn out to be mistaken.

11.6 We are committed to ensuring nobody suffers detrimental treatment through refusing to take part in bribery or corruption, or because of reporting a concern in good faith.

11.7 If you have any questions about these procedures, please contact the Internal Audit Team.

12.0 Links to council values and behaviours

12.1 The council’s counter fraud and corruption approach must align with its values and behaviours and is the responsibility of all officers. An effective risk management strategy needs to be suitably embedded within those cultural behaviours and directly links as with the following:

Customer focused - Take ownership and do the right thing. Think ‘One Team’ and act Council-wide
Respectful - Listen to and value the contribution of others
Efficient - Challenge and innovate. Be collaborative and share learning
Supportive - Build an open and sustainable culture
Trustworthy - Act with honesty and integrity. Be open and transparent

Last updated 17 December 2024