The Bribery Act came into force on 1 July 2011 and we have produced a policy in response to this act.
You can download a copy ofhere or view the policy below.
We are committed to the prevention, deterrence and detection of bribery and have a zero tolerance towards bribery.
In addition, we aim to maintain anti-bribery compliance "business as usual", rather than as a one-off exercise.
We do not, and will not, pay bribes or offer improper inducements to anyone for any purpose, nor does it or will it accept bribes or improper inducements.
To use a third party as a means to channel bribes to others is a criminal offence. We do not, and will not, engage indirectly in or otherwise encourage bribery.
It is committed to the prevention, deterrence and detection of bribery and has a zero tolerance towards bribery.
Should anyone have any concerns or suspicions that bribery may be taking place, we encourage you to report these concerns. Please visit our Whistleblowing Policy for details of whom to contact.
The aims of this policy are
We require that all our employees, councillors and those we do business with:
This policy applies to all of the Council's activities, covering all
The Council will seek to encourage all external partners with whom it deals to adopt the same principles and approach towards bribery as set out in this policy.
Responsibility to control the risk of bribery occurring resides at all levels throughout the Council.
Commitment to action
The Council commits to:
Bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage.
There are four key offences under the Act:
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.
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.
The guidance states that a "commercial organisation" is
Anybody formed in the United Kingdom and it does not matter if it pursues primarily charitable or educational aims or purely public functions. It will be caught if it engages in commercial activities, irrespective of the purpose for which profits are made."
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. These principles are not prescriptive. They are intended to be flexible and outcome focused, allowing for the different circumstances of organisations.
Small organisations will, for example, face different challenges to those faced by large multi-national enterprises.
The detail of how organisations apply these principles will vary, but the outcome should always be robust and effective anti-bribery procedures.
Preston City Council is committed to proportional implementation of these principles.
An individual guilty of an offence under sections 1, 2 or 6 is liable:
It is unacceptable to:
Facilitation payments are not tolerated and are illegal. Facilitation payments are unofficial payments made to public officials in order to secure or expedite actions.
This policy is not meant to change the requirements of our gifts and hospitality policy.
This makes it clear that: - reasonable, proportionate gifts and hospitality made in good faith and that are not lavish are acceptable. Please visit our Employee Code of Conduct for further details.
Under the Public Contracts Regulations 2006 (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. This organisation has the discretion to exclude organisations convicted of this offence.
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 staff and Members are required to avoid activity that breaches this policy. You must:
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.
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 member of staff to know how they can raise concerns.
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.
There are a number of channels to help you raise concerns. Please refer to the Whistleblowing Policy and determine your preferred course of action.
Within the Council, concerns can be raised with the following officers:
If your concern relates to a Member of the Council, in the first place, the matter should be raised with the Monitoring Officer.
Preferably the disclosure will be made and resolved internally (for example, to one of the above named officers.
If you believe that internal disclosure is not appropriate, concerns can be raised with the external auditor or Public Concern at Work. (Please visit our Whistleblowing Policy for contact details).
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.
Staff who refuse to accept or offer a bribe, or those who raise concerns or report wrongdoing can understandably be worried about the repercussions.
We aim 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.
The Council is 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.
If you have any questions about this policy, please contact the Monitoring Officer or the Chief Internal Auditor.