The Bribery Act 2010 came into effect on 1st July 2011. Bribery is generally 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. The maximum penalty for bribery is ten years imprisonment, with an unlimited fine. In addition the Act introduces a corporate offence of failing to prevent bribery by an organisation not having adequate preventative procedures in place. The Trust may avoid conviction if it can show that it had procedures and protocols in place to prevent bribery. The corporate offence is not a stand-alone offence, but always follows from a bribery and/or corruption offence committed by an individual associated with the company or organisation in question.
As a result, I confirm that Bolton NHS Foundation Trust will commit sufficient time and resources to the development and embedding of an appropriate anti-bribery programme to include:
- a commitment to carry out business fairly, honestly and openly
- a commitment to zero tolerance towards bribery
- the consequences of breaching the policies for employees and managers
- the avoidance of doing business with others who do not commit to doing business without bribery as a ‘best practice’ objective
- the protection and procedures for confidential reporting of bribery (whistleblowing)
- to support key individuals and departments involved in the development and implementation of the Trust’s bribery prevention procedures
What should I do if I suspect bribery is occurring?
Staff and members of the public should report any suspicions or allegations of bribery immediately to one of the following (you can report concerns and suspicions anonymously):
- the Local Counter Fraud Specialist, Collette Ryan on 01257 256204 or firstname.lastname@example.org or email@example.com
- the whistleblowing function
- NHS Fraud and Corruption Reporting Line (0800 028 40 60)
or the online fraud reporting form at www.cfa.nhs.uk/reportfraud