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 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 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: 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) 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? – TendersContracts – ProcurementEquipment, Jobs What advantage might be offered? Who might be a target? – LMC members & directorsNegotiators – CCG leadersPathway leads – GPs – VotesPrestige – Future employment££££

Contents of the GPDF Policy 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.