Anti-Bribery Policy
| Revision | 1.0 |
| Adopted | March 2024 |
| Last Reviewed | First Issue |
| Review Period | Bi-annually |
DOCUMENT CONTROL: REV 1.0 MARCH 2024
1. Anti-Bribery Policy Statement
3. Classification of Bribery and the Bribery Act 2010
4. Responsibilities of Hemswell Parish Council Members and Staff
6. Consequences of Non-Compliance
Hemswell Parish Council has adopted the WLDC Code of Conduct to assist councillors in identifying the behaviours expected of them and to illustrate conduct that could lead to action being taken against them. This Anti-Bribery policy extends the Parish Council’s ethical and legal obligations to conduct its business in a professional, competent and trustworthy manner and, in particular, demonstrate its compliance with the Bribery Act 2010, which applies to individuals and all organisations conducting business in the UK, including those in the public sector.
1. Anti-Bribery Policy Statement
Hemswell Parish Council take a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all business dealings and relationships, wherever it operates. The PC requires that all members and officers, including temporary agency staff and contractors:
- Act honestly and with integrity at all times and safeguard the resources they are responsible for.
- Comply with the spirit and the letter of the laws and regulations regarding the lawful and responsible conduct of activities.
- Understand their responsibilities and the consequences of non-compliance with this policy.
Bribery is a criminal offence, and the Parish Council does not, and will not, pay bribes or offer improper inducements to anyone for any purpose, nor will the PC accept bribes or improper inducements. To use a third party as a conduit to channel bribes to others is a criminal offence. The PC does not, and will not, engage indirectly in or otherwise encourage bribery.
This policy applies to:
- All Hemswell Parish Council employees and councillors,
- The Parish Council partners, suppliers, contractors, third-party representatives and consultants working for the PC or on behalf of the PC in any capacity, including employees at all levels and volunteers.
3. Classification of Bribery and the Bribery Act 2010
Bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any advantage or benefit. There are four key offences under the Bribery Act 2010:
- Bribery of another person.
- Accepting a bribe.
- Bribing a foreign official.
- Failing to prevent bribery.
The Bribery Act 2010 makes it an offence to offer, promise or give a bribe. It also makes requesting, agreeing to receive, or accepting a bribe an offence. There is also a separate offence of bribing a foreign official to obtain or retain business or an advantage in business conduct. 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 adequate procedures designed to prevent bribery by or of persons associated with the organisation.
4. Responsibilities of Hemswell Parish Council Members and Staff
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.
It is not acceptable 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 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,
- compromise your position as a public services worker by accepting a gift or hospitality from a third party,
- retaliate against or threaten a person who has refused to commit a bribery offence or who has raised concerns under this policy,
- make facilitation payments (minor amounts paid to public officials to expedite routine business activities); such payments are illegal,
- engage in activity that is in breach of this policy.
Staff who breach this policy may face disciplinary action, which could result in dismissal for gross misconduct, in addition to the possibility of civil and criminal prosecution. Note: This policy does not form any part of any employee’s employment contract and may be amended at any time.
The Parish Council’s policy regarding requirements for gifts and hospitality is contained within the adopted Code of Conduct (Section 10) and describes the need to exercise caution in accepting any gifts or hospitality offered (or presumed to be offered) because of being a councillor. Hospitality is not prohibited by the Bribery Act 2010, but it must be reasonable and appropriate for the purposes of building relationships, building or maintaining the PC’s public reputation or marketing. Any gift or hospitality received must be recorded in the appropriate register.
6. Consequences of Non-Compliance
An individual guilty of a bribery offence may be liable:
- On conviction in a magistrate’s court, to imprisonment for a maximum term of 12 months or to a fine not exceeding £5,000 or both.
- On conviction in a crown court, to imprisonment for a maximum term of 10 years, or to an unlimited fine, or both.
The Parish Council, if convicted, could be liable to the same level of fines and, if found guilty, is liable to an unlimited fine.
Any suspicions of bribery should be reported to the Parish Council’s Responsible Officer or through its Whistleblowing Policy available on the PC website: https://hemswell.parish.lincolnshire.gov.uk/council-business/policies-procedures/22
Related Documents and Policies
Standing Orders
Financial Regulations
Code of Conduct
Whistle Blowing Policy