Anti-Bribery

Philip Avery on 25/01/2012

The Bribery Act which came into force on July 1st 2011 established a new criminal offence of failing to prevent bribery.

A director or business owner/manager (including those in charge of sports governing bodies and even clubs) can be guilty of the offence and face a jail term if bribery occurs within the organisation even though he/she may have had no knowledge of it and did not condone it.

Bribery includes any inducement offered or received designed to improperly affect the performance of a duty or role. This could include inducements leading to ,for example, improper selections to teams.

The only defence in such circumstances is to be able to show that the organisation has taken every possible step to prevent bribery occurring.

This includes having a documented and detailed anti-bribery policy and adequate procedures in place to safeguard against it and to bring any improper conduct to light - including whistle-blowing procedures.

It is necessary to ensure that the policy and procedures are understood by all staff & volunteers. There also needs to be a documented risk assessment as a pre-requisite.

Record keeping of corporate gifts or hospitality is vital. Gifts or hospitality which can be seen as unreasonable or are designed to induce improper behaviour will fall foul of the law.

WSA members can now access a draft policy in the documents section of the members area of our website. This template clearly needs to be tailored to suit specific circumstances.

The draft has been prepared by Geldards solicitors Cardiff. Geldards can also help NGBs with the required risk assessment if they do not feel able to carry it out themselves.

Fees for such assistance would need to be agreed direct with the firm on a case by case basis. Rhian Brace at Geldards can be contacted on 02920 391734 or by email to rhian.brace@geldards.com.

Detailed guidance can be found on the Government Justice website.

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