Transcript GPDF PRESENTATION ON BRIBERY ACT TO LMCs FINAL

The Bribery Act 2010
An overview of the Act with
reference to the Quick Start Guide
published by the Ministry of justice
Disclaimer
This presentation provides only a brief overview of the Bribery Act 2010 and of some of the
Guidance issued by the Ministry of Justice. A reader, which includes any LMC or similar entity,
and any Corporate Body related to the LMC, as well as its Officers, employees and Members,
may not rely upon this presentation and, consequently, the GPDF accepts no responsibility for
the interpretation which a reader may place upon it.
It is the responsibility of the individual and the organisations referred to above to comply with the
provisions of the Bribery Act 2010. Furthermore, the GPDF does not accept any responsibility
for the actions taken by an individual or organisation, including a failure to act, or for the
consequences to an individual or an organisation arising from a failure to comply with the
provisions of the Bribery Act 2010.
Appropriate independent legal advice should be sought on the interpretation of the Bribery Act
2010.
Legislation and Guidance
• Act came into force July 2011
• The Act deals only with bribery, not other forms of
white collar crime. (MOJ)
• Guidance available from:
• www.justice.gov.uk
The guidance is both readable and helpful, but is targeted at
commercial transactions and so the case studies may not be
relevant to many circumstances within the NHS.
• This is a law which affects all organisations and
individuals, including LMCs, LMC Limited companies,
GPs and their staffs
Definition
(Ministry of Justice)
“Bribery is defined as giving someone a financial
or other advantage to encourage that person
to perform their functions or activities
improperly or to reward that person for
having already done so”
Nota bene: Bribery covers the giving and receiving of a financial or other advantage.
Consequently, a bribe does not necessarily involve a facilitation payment in money, but may
be another form of advantage offered to an individual or to a related party.
What is not bribery?
• Hospitality is not prohibited by the Act. (MOJ)
• Payment for a legitimate service is not a bribe.
• Payments, gifts and travel expenses which are
“proportionate” are allowed.
• Legitimate Administration payments are
allowed .
Nota Bene: Care needs to be exercised to ensure that the value of gifts and the like are
what another person would consider reasonable in the circumstances.
How could this affect LMCs/GPs?
• “You may be liable for failing to prevent a
person from bribing on your behalf “
• Whilst you may conclude that overall the level
of risk is low, the Act covers all “associated
persons” which brings in individuals, family
members and employees.
• GPs are soon to be major players in handling
Commissioning budgets worth many millions.
How do we protect ourselves?
“There is a full defence if you can show you had
adequate procedures in place to prevent
bribery.”
“But you do not need to put bribery prevention
procedures in place if there is no risk of
bribery on your behalf.”
MOJ
Follow these 6 principles
(MOJ Quick Start Guide)
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Proportionality
Top level commitment
Risk Assessment
Due Diligence
Communication
Monitoring and review
Illustrations of the Act in the Context
of NHS Primary Care
• What function might be performed improperly?
– Tenders
– Procurement
Contracts
Equipment, Jobs
• What advantage might be offered?
• Who might be a target?
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LMC members & directors
CCG leaders
GPs
Votes
Future employment
Negotiators
Pathway leads
Prestige
££££
Contents of the GPDF Policy
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Application of the policy
Commitment and communication
Risk assessment
Monitoring and reporting
Enforcement
Hospitality
Letter of consent and Code of Conduct
Procurement
Declaration of Interests
Conclusions
• This Act can not be ignored simply because
GPs and LMCs work within primary care; the
environment is becoming increasingly
commercialised.
• LMCs need to take proportionate action even
where the assessment of risk is low.
• “Adequate procedures” ought to provide a full
defence.