Anti-bribery and corruption policy

Bribery Act 2010

The Bribery Act 2010 introduced new offences and penalties for bribery and corruption. It also created a corporate offence of failure to prevent bribery, which requires NRW to implement adequate procedures to prevent such situations from occurring.

Bribery is a criminal offence and penalties under the act can result in up to 10 years imprisonment. Additional penalties include the possibility of an unlimited fine and confiscation of assets. The failure of NRW to prevent bribery could result in the organisation being held criminally liable and a substantial fine being imposed.

Definition of bribery

Bribery is defined as the giving or receiving of an advantage in connection with the "improper performance" of a position of trust, or a function that is expected to be performed impartially or in good faith:

to or from any person
by a member of staff, non-executives (i.e. Board members), contractors, clients or any other person acting on NRWs behalf
to gain any commercial or contractual advantage in a way that is unethical
to gain any personal advantage, financial or otherwise, for the individual or anyone connected to the individual

Bribery does not have to involve cash or an actual payment exchanging hands and can take many forms such as a gift, lavish treatment during a business trip or tickets to an event.

NRW’s commitment to you

NRW will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.

NRW is committed to ensuring no one suffers detrimental treatment as a result of refusing to take part in bribery or corruption, or of reporting in good faith their suspicion that an actual or potential bribery offence has or may take place.

Deterring or preventing someone reporting in these circumstances will be investigated and dealt with in accordance with NRW’s managing misconduct policy and procedure.

Scope of policy

This policy applies to all staff, non-executives (i.e. Board members), contractors, clients or any other person acting on NRWs behalf.

Responsibilities

All staff or persons acting on behalf of NRW are responsible for the success of this policy.

Any breach will be treated as a disciplinary offence and could result in criminal proceedings.

Staff responsibilities

Report any concerns or suspicions immediately through your line management chain and directly to the Financial Governance Advisor.
If the suspicions include your line manager or the Financial Governance Advisor, or you do not feel that your allegation is being dealt with appropriately, you must escalate up the line management chain or refer to our whistleblowing policy.
Make sure that they have read and understand their responsibilities under the:
- Code of conduct
- Gifts and hospitality policy
- Conflicts of interest policy
Be alert to the possibility that an unusual event or transaction could be an indicator of bribery and/or corruption.
Cooperate fully with whoever is conducting internal checks, reviews or bribery and corruption investigation.
Complete all mandatory training when instructed.

Line Manager responsibilities

In addition to the above must also:

Act as a primary point of contact for their staff to report any concerns of bribery or corruption.
Assess the types of risks in relation to their area of responsibility and ensure that controls are proportionate and complied with.
Review and test all controls that relate to their area of work on a regular basis proportionate to the level of risk.
Ensure all direct reports have read and understood this policy.
Ensure all direct reports complete their mandatory training when instructed.

The Executive Director of Finance and Corporate Services and the Financial Governance Advisor will provide advice and guidance to line managers as appropriate.

Financial Governance Advisor responsibilities

Act as a primary point of contact for reporting any concerns of fraudulent activity
Liaise with relevant staff in relation to any allegations
Provide advice as necessary to ensure compliance with the anti-bribery and corruption policy
Review the anti-bribery and corruption policy and associated policies and procedures where changes in legislation occurs to ensure NRW meets its legislative requirements
Record and retain an overview of all suspected cases of bribery, ensuring that the Audit and Risk Assurance Committee (ARAC) are kept informed of all cases including any developments
Produce an annual report for Welsh Government.

Executive Director of Finance and Corporate Services responsibilities

Review all alleged cases of bribery and corruption
Approve any work necessary to establish whether a formal investigation is required
Approve the initiation of all formal investigations and approve the closure of any formal investigations

Responsibility for the anti-bribery and corruption policy

The Accounting Officer is responsible for establishing the internal control system designed to counter the risks faced by the business. They are accountable for the adequacy and effectiveness of these arrangements.

The Executive Director of Finance and Corporate Services is responsible for ensuring this policy complies with our legal and ethical obligations. They are also responsible for the implementation of this policy, for monitoring its effectiveness and to ensure that a point of contact is in place to deal with any queries in relation to the policy’s interpretation.

Reporting suspicions or concerns

You can report suspicions and concerns directly to Financial Governance Advisor by phone, email or letter as follows:

Phone:
07976814886

Email:
cfbc@cyfoethnaturiolcymru.gov.uk

Address:
Financial Governance Team
Rhodfa Padarn
Llanbadarn Fawr
Aberystwyth
Ceredigion
SY23 3UR

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