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Procurement rules to exclude those with bribery/organised crime record

19 March 2012

Public sector contracts will be closed to people convicted under the new bribery or involvement in serious organised crime laws, under regulations just made by the Scottish Government.

The new rules, which come into force on 1 May 2012, amend existing legislation to take account of the new offences introduced by the Bribery Act 2010 and the Criminal Justice and Licensing (Scotland) Act 2010.

Bribery Act offences now include the bribery of a foreign public official in order to obtain or retain business or an advantage in the conduct of business. The Criminal Justice Act introduced new offences relating to involvement in serious organised crime and directing serious organised crime.

Under the new regulations, public bodies and utilities are required to exclude potential tenderers from the procurement process if they know that the business or its directors or any other person who has powers of representation, decision or control over it, has been convicted of any of these offences.

Justice Secretary Kenny MacAskill said: “The Scottish Government is committed to tackling serious organised crime and we support the police and other law enforcement bodies in Scotland to target organised criminals wherever they operate. Our regulations already preclude anyone guilty of corruption offences from bidding for public sector contracts and the introduction of these new regulations is a further sign that we don’t want crooks and gangsters getting their hands on public sector contracts and cash.”

A Scottish Government consultation on proposed regulations was carried out in December 2010.

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