The Bribery Act 2010: has local government responded ‘adequately?’

Rock, Paul (2013) The Bribery Act 2010: has local government responded ‘adequately?’. BSc dissertation, University of Portsmouth.

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    Abstract

    The Bribery Act 2010 came into force on the 1st July 2011 and created a new offence under section 7 committed by commercial organisations when they fail to prevent persons associated with them from bribing another person on their behalf.
    Importantly, where a failure to prevent offence has been proven, commercial organisations can avoid liability if they can show that they had ‘adequate procedures’ designed to prevent bribery in place. This dissertation has attempted to identify and measure the extent of local governments’ implementation of ‘adequate procedures’ designed to prevent bribery.
    Through a structured literature review the necessity, passage and impact of the Bribery Act, including what is meant by ‘adequate procedures’ has been examined. Then primary data has been sought through an online survey issued to every council in England to determine the nature and extent of their anti-bribery procedures, with particular reference to the six principles described in the adequate procedures guidance issued by the Ministry of Justice.
    The research has revealed that the Bribery Act is a significant piece of legislation causing a substantial amount of debate and controversy. It is argued that local government, due to increases in the commissioning of third parties and private sector organisations to deliver services, is at risk of being charged with a section 7 offence if inadequate anti-bribery procedures are in place. The results of the survey suggest that the respondents are performing well in relation to their procedures, top-level commitment, due diligence and communication; however this performance may be undermined through a lack of risk assessment, monitoring and review.
    In order to fully evaluate bribery prevention procedures more detailed research needs to be undertaken with a broader range of questions; in the meantime, the Bribery Act appears to have encouraged, if not forced, local government to develop policies and procedures to prevent bribery. Due to the limitations identified in the research it is difficult to definitively determine if local government has responded adequately, however, the results do appear to provide an indication of where local government may wish to direct its future efforts to prevent bribery, namely risk assessment, monitoring and review.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Humanities and Social Sciences > Institute of Criminal Justice Studies
    Depositing User: Beth Atkins
    Date Deposited: 06 Mar 2015 14:25
    Last Modified: 06 Mar 2015 14:25
    URI: http://eprints.port.ac.uk/id/eprint/16902

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