Barrister Tom Bushnell has written an article for Construction Management, the magazine of the Chartered Institute of Building, addressing the question ‘Are facilitation payments the same as bribery?’

The magazine posed a construction project manager’s theoretical question about an offer, from a would be sub-contractor, of a one-off ‘facilitation payment’ in return for a guarantee of future contracts.

Tom sets out how the Bribery Act 2010 applies to situations such as this, explaining that “the essence of bribing and being bribed lies in the offering, giving or receiving of a financial or other advantage, in return for the ‘improper performance’ of a ‘relevant function or activity’.”

Tom’s view on the theoretical scenario described is that “it is difficult to see a payment to that person after the award of contracts as anything other than a bribe or a kickback.”

He goes on to explain both the potential penalties for someone found guilty under the Act, and also to explain what sorts of behaviour are permitted.

The full article is on the Construction Management website.