Agenda item

To receive a presentation, including a summary of the requirements of the new Bribery Act 2012. 

The Committee received a presentation from Jayne Middleton Albooye, Principal Solicitor (Corporate), summarising the requirements of the new Bribery Act 2012.  Copies of the slides are attached to the agenda. 

1.               Presentation

Jayne Middleton Albooye highlighted the following from the presentation: 

·       The Bribery Act came into force in July 2011, consolidating existing criminal law on making and accepting brides and creating a new corporate offence of failing to prevent bribery. 

·       Public sector organisations were covered by offences in sections 1,2 and 6 of the act.  Bribery being defined as seeking to obtain financial advantage by influencing a decision maker. 

·       The act covers the actions of both officers and members. 

·       Organisations can be convicted for failing to prevent bribery but can defend their case if they can show that they had adequate procedures in place to prevent bribery. 

·       The Government bought out guidance in 2011 which listed 6 principles to be adhered to: that procedures should be proportionate, there should be a top level commitment to them, risk assessments be carried out, due diligence maintained, the existence of good communication (and training) as well as monitoring and review of procedures. 

·       The greatest risk of bribery is among councillors, who have decision making and influencing powers:  members of the Cabinet, Planning and Licensing Committees. 

·       The member code of conduct has been revised to incorporate the terms of the act with added sections on the declaration of gifts and hospitality. 

·       Planning Committee members have been trained and the importance of avoiding exposing themselves to risk emphasised. 

·       Members involved in the companies, which have recently been set up by the Council, have received training specific to their new roles. 

·       Severe punishment for offences, show that this issue is taken seriously, with unlimited fines being imposed in some cases. 

·       A recent case involved a magistrates clerk called Munir Patel who took bribes to make parking summons disappear.  For this he was sentenced to 6 years for misfeasance and 3 years for bribery. 

2.               Questions/Comments

2.1     A section of the Members Induction Training was dedicated to this issue, emphasising the importance of members asking themselves why they were being offered any gifts or hospitality. 

2.2           It was felt to be particularly important that new members of the Planning Committee should receive training in this area as well as the Cabinet Member for Housing and Estate Regeneration, and other members and officers involved in housing and regeneration projects.  This was especially so as so many new developments were planned which would mean that Enfield’s profile would be in the sight of the media. 

2.3           All members received training on the Councillor Code of Conduct and had had to sign up to this on taking office. 

2.4           Asmat Hussain and Jayne Middleton Albooye would look again at the training provided for members of the Planning Committee. 

2.5            Changes as a result of the Localism Act 2012 had altered the way that members were expected to work with developers before any application was submitted.  This could lead to accusations of misconduct.  The Council would be judged on what was reasonable and proportionate and would have to be aware of the need to consider whether actions could be defended in any public or press enquiry.