Firms linked to people convicted of new bribery or involvement in serious organised crime offences will be barred from bidding for public sector contracts under new regulations introduced by the Scottish Government. The regulations amend existing legislation to recognise new offences introduced by the Bribery Act 2010 and the Criminal Justice and Licensing (Scotland) Act 2010.
The introduction of the new regulations, which come into effect on 1 May, follow measures put in place in 2010 whereby only security firms in Security Industry Authority Approved Contractor Scheme would be awarded contracts to guard public sector construction sites.
The SNP Justice Secretary Kenny MacAskill said: “We all have a role to play in the fight against organised crime. As the laws of our land evolve, so do the devious and despicable ways in which organised criminals rob innocent members of the public and businesses of their hard earned cash.
“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.”
Infrastructure and Capital Investment Secretary Alex Neil, who has signed off the new regulations, said: “These new regulations build on the tough steps we have already taken to get rogue security firms off of our building sites.
“Tightening up the procurement process protects the integrity of reputable businesses and ensures those with a known link to organised crime are not cashing in.”
The Bribery Act 2010 introduced new offences relating to the bribery of another person and 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 and Licensing (Scotland) Act 2010 introduced new offences relating to involvement in serious organised crime and directing serious organised crime.
The new regulations determine that public bodies and utilities 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. The introduction of the new regulations follows a Scottish Government consultation in December 2010.
