An adviser representing UKTI, which the Duke of York represents as a “business ambassador”, said that a director with a criminal past could be taken off company records and replaced with another name to avoid breaching accreditation rules for firms selling abroad.

He also boasted that Embassy and High Commission buildings were available, at a price, to give a “perception” that a company was endorsed by the British Government.

His comments were secretly filmed by Heydon Prowse, the film-maker whose investigations led last year to the sacking of Alan Duncan, the Tory frontbencher, after he was caught on video claiming MPs were “living on rations” after the expenses scandal and that they had been “treated like —-”.

The UKTI said it was taking the allegations “extremely seriously” and was considering launching a full investigation.

Prowse posed as the boss of “Frank Arthur Security”, a fictional firm which claimed to offer ex-British Army servicemen as private security guards.

He confided to a UKTI international trade adviser that his co-director had a criminal record which could cause problems when accrediting the firm.

Mike Gavin, the adviser, said: “If you’ve got different directors, different directors can be put on the accreditation. So things can change and you can avoid them. It’s not the end of the world.”

The British Association of Private Security Companies requires its members to prove that directors have no convictions, and the Iraqi Ministry of the Interior requires similar guarantees from any private security firm working in their country.

Mr Gavin also advised the fictional firm on how it could draw on a range of commercial services offered by British embassies.

“You can also use that embassy to present your company. So you can invite people to a reception or a presentation. Again, you pay for the room but it’s all arranged for you,” he said.

“There is a perception that you’re endorsed by the government because it’s a government building. Of course it’s —-, we don’t.

“All we do is due diligence to check that you’re not going to appear in the Telegraph on Sunday embarrassing the hell out of the British Government.”

He explained that in countries such as Nigeria using the embassy was the “easiest way to get everybody together”.

Prowse asked: “Because of the security situation?”

Mr Gavin replied: “No, because in places like Nigeria they love to show off that they have got this card from the British Embassy, it’s got Ambassador invites, British Government logo and they say ‘Look I’m going to a garden party’.

“It’s all ——–, but everybody in Nigeria wants one because they want to be seen getting out of the car, going into the High Commissioner’s office.

“It’s all perception and that’s part of what you don’t have at the moment.”

The £323-million-a-year UKTI was formed from two other bodies in 2003 and reports jointly to the Foreign Office and the Department for Business, Innovation and Skills.

Its website advertises the services it offers to British companies and says: “Sometimes it’s just pure luck that helps your company win its first overseas contract. And sometimes it’s not.”

The Duke of York has been Special Representative for International Trade and Investment since 2001, previously representing the bodies which merged to form UKTI.

Last year he was criticised for spending £140,000 on hotel bills, food and entertaining, plus £435,000 on travel.

The Duke’s supporters mounted a PR campaign to try to justify his expenses, claiming that he had played a role in winning contracts worth £3 billion for British companies, including a £2.43 billion contract for Airbus and Rolls-Royce from AirAsia which came about as “a direct result of his lobbying”.

In a meeting with Prowse, which was filmed with a buttonhole camera, Mr Gavin also stressed the benefits of a contacts service offered by the organisation’s officials in British embassies.

“They are tasked to ring that guy up, send them out your brochure. And then they will arrange an appointment for you,” he said.

“Rather than ringing them up [yourself] and not getting past the receptionist, most people think ‘What the bloody hell does the British embassy want?’ and will at least answer the phone.

“Then it’s the guy’s or the commercial officer’s … task to get them interested in what you do and arrange an appointment. They can’t guarantee it but I’ve used that in many different countries and it works.”

Mr Gavin, who works in the UKTI’s London-based international trade team, suggested that Afghanistan could be a source of short-term contracts but warned that the country’s situation would deteriorate rapidly after the “Americans pull out in 18 months’ time”.

He predicted that “no one is going to want that —-hole any more” and that the US would be forced to negotiate with the Taliban.

He also advised that Algeria could be a “gold mine for a lot of companies” but warned that it was “God damn dangerous”.

The adviser told Prowse that corruption in Africa may mean having to pay bribes, but suggested he should “walk away” from such situations.

“If you’re doing business in Africa, sod’s law there’s going to be some corruption in it somewhere and you may have to bung someone. We don’t want to know that. We don’t want to get involved in it.

“And I would if I was you walk away from it. It’s just not worth it. One, if you get caught here you can go to prison and, two, do you want the hassle of not being paid?”

Last year a report by the National Audit Office found that most exporting companies represented by UKTI said it made little or no difference.

The poll found 40 per cent of companies felt the quango made “no financial benefit”, while another 29 per cent had no idea whether the body was any financial help at all. Just 30 per cent said UKTI “made some financial benefit” to their trade.

A UKTI spokeswoman said: “UK Trade and Investment takes these allegations extremely seriously.

“We would never condone the obscuring of criminal records. And, while Embassies are legitimately used to promote British business abroad, we would not condone this being misrepresented as official endorsement.”

She added: “The person named is not a civil servant and not a member of UK Trade and Investment staff, but is a contractor employed by one of UKTI’s delivery partners.

“We are making our own enquiries and, if appropriate, we will carry out a full investigation.”

Oliver Sprague, a spokesman for Amnesty International UK, said: “Private military and security is a serious business that needs proper regulation – we are talking about men with guns.

“Yet the UK government has already rejected proposals that the industry should be regulated by law, saying that self-regulation will be enough.

“If this is their idea of how it should work – with government advisers helping companies to get around the rules – then heaven help civilians in the countries where these companies operate.

“A body like the UKTI should certainly not be offering to help companies exploit legal loopholes. We need to improve the regulation of this industry, not undermine it.”

The investigation was conducted by Prowse and John Green as part of the Don’t Panic Quango Awards which features in the Yahoo! website’s election blog.

By David Barrett and Robert Mendick

We are frequently asked by clients what is considered best practice when it comes to international employee screening. The short answer is that it depends. When asked we try to understand specifically what the organization is trying to accomplish, what sort of compliance requirements are they looking to meet that is relative to their business, and finally what are the countries involved?

A client recently asked what we consider best practice for International Background Checks as it related to complying with the (“FCPA”). The client had recently been the subject of enforcement action after it was discovered that the company’s drilling equipment was found in a sanctioned country. It was also discovered that the company had engaged local independent agents from the sanctioned countries without performing proper background checks. Talk about getting caught with your hand in the proverbial cookie jar! We were asked to help come up with a solution to fix this problem and to limit the chances of it happening again.

In order to drawl, a set of best practice guidelines about this subject its important to have an understanding of what the FCPA is and how it applies to human resources. Then it’s a matter of developing a method and a set of processes that will enable an organization to meet the required outcome there by meeting compliance requirements.

Foreign Corrupt Practices Act

The FCPA is a federal law that prohibits offering, promising, or giving anything of value, as well as authorizing such an offer, promise, or gift, to a foreign official for the purpose of obtaining, retaining, or directing business to a person or entity. This prohibition is contained in the FCPA’s anti-bribery provisions, which are enforced by the DOJ. The FCPA’s anti-bribery provisions have a much broader reach than many other U.S. laws. U.S. corporations can be liable for conduct that occurs entirely outside the United States and multinational corporations can be liable for conduct that bears only a tenuous connection to the United States. This includes employees of overseas subsidiaries, customers, suppliers, vendors, agents and other business associates.

With the number and size of penalties increasing, the Foreign Corrupt Practices Act (FCPA) is causing many U.S. institutions to look into how they evaluate all of their relationships overseas. The lack of a due diligence of a company’s agents, vendors, and suppliers, as well as merger and acquisition partners in foreign countries could lead to doing business with an organization linked to a foreign official or state owned enterprises and their executives. This link could be perceived as leading to the bribing of the foreign officials and as a result lead to noncompliance with the FCPA. Due diligence in regards to FCPA compliance is required in two aspects:

1.       Initial due diligence - this step is necessary in evaluating what risk is involved in doing business with an entity prior to establishing a relationship and assesses risk at that point in time.

2.       Ongoing due diligence - this is the process of periodically evaluating each relationship overeas to find links between current business relationships overseas and ties to a foreign official or illicit activities linked to corruption. This process needs to be performed indefinitely as long as a relationship exists, and usually involves comparing the companies, executives, and other business associates to a database of foreign officials that may be classified as “Politically Exposed”.

While financial institutions are among the most aggressive in defining FCPA best practices, manufacturing, retailing and energy industries are highly active in managing FCPA compliance programs.

Suppose a multinational company has a compliance and ethics policy and tells its employees not to pay bribes - is that enough, or should the company go further? 

A clear corporate policy against paying bribes is important, as well as including explicit language in every employment and agent agreement that prohibits bribery, but it is also critical for companies to conduct thorough employment and pre-engagement background checks on their agents and other third parties.

Certainly, U.S. government regulators expect nothing less. In a February 2009 FCPA settlement (for $579 million) by KBR and Halliburton with the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ), the SEC criticized Halliburton’ s due diligence policy and practice and its failure to conduct any due diligence on one particular agent in Japan. If the government shows up at your door asking to see the files on your overseas employees and trading partners, you want to be able to produce sufficient documentation to demonstrate you’ve looked thoroughly at the background and reputation of these individuals before engaging them to work on your behalf. According to the Federal Sentencing Guidelines for Organizations (FSGO), §8B2.1. (b)(3). “The organization shall use reasonable efforts not to include within the substantial authority personnel of the organization any individual whom the organization knew, or should have known through the exercise of due diligence, has engaged in illegal activities or other conduct inconsistent with an effective compliance and ethics program.”

On the other hand, if you open your background check file to the government and it is empty or thin, the organization is going to be in a challenging situation. In the event a FCPA violation is uncovered, it is increasingly apparent from past cases that the government is far more likely to be lenient on a company that has a commitment to an anti-bribery compliance and ethics program, including being able to demonstrate the organization has exercised a responsible level of due diligence on their overseas employees and related business associates.

What sort of checks should be done to meet FCPA requirements on overseas employees and business associates?

As with any background check program, we are looking for any “red flags” or “signs” such as discrepancies in the individual’s background that could show a pattern of misconduct. First, we validate the individual’s identity to confirm the individual is who they say they are. When dealing with foreign national candidates, this can be accomplished by performing a local ID validation of the individual’s government issued identity documents such as a passport or other local national identity documents. A search of Restricted Parties and Blocked Persons is checked to determine if an individual or business entity may be on a list of sanctions, known fraudesters, terrorists, money launderers, OFAC or consolidated lists, or even linked to politically exposed persons.

We would conduct an international criminal record check on the individual from countries they’ve resided. Be aware the time required to undertake an overseas criminal record check may take much longer than what you may be accustomed to and that criminal data may be limited from some countries due to local legal provisions governing access and privacy as well as the quality and availability of local records may be rather different than what you would expect from the U.S. It is, however, important tonote that even though costs may be higher and access to local criminal data may be limited, organizations still need to be able to demonstrate that they applied a reasonable level of due diligence based on local available means. When researched properly, the end result from many countries should be an official document issued from local authorities attesting to the individual’s criminal history. These are sometimes called “Good Conduct Certificates”, “Police Clearance Certificates” or “Certificate of No Conviction”.

If and when a local criminal record check may not be possible due to local legal provisions or the quality of data may be limited we would have the candidate provide a copy of their own “Good Conduct Certificate” for authentication. Most Police Clearance documents are printed on security paper and contain sequence numbers that can be authenticated through the issuing agency. This is known as a Police Clearance Authentication. Results should then go in the individual’s background check file as a matter of record. Examples of some of the “red flags” we have uncovered involve a US defense contractor who was sourcing contingent workforce options. All of these individuals initially provided what appeared to be legitimate clearance documents indicating they had no criminal record. Convictions of white slavery, homicide and employment fraud were uncovered on several in country Filipino staffing agencies and their principles. Suffices to say organizations should never entirely rely upon the authenticity of provided documents without the benefit of verification. The defense contractor opted not to do business with the questionable staffing firms.

Next look to confirm whether the entity (either individual or company) has a real business track record and experience in the particular industry for which they are being engaged. Personal and professional reference interviews, and overseas employment verifications, allow us to assess the reputation and business practices, integrity, and the possibility of any history of questionable activities. Academic and professional credential verifications allow us to verify the individual in fact received and was awarded claimed certifications. Civil history searches and or consumer credit checks are also done where available to asses past civil cases and possible financial liabilities.

International Business Reports can be accomplished on overseas trading partners. Business reports include business background information, details about a company’s credit risk ranking, banking and finance validations, verification of trade references, property, assets, legal filings, structure, key personnel, payment behavior and financial assets and liabilities along with standard “Know Your Customer Checks” such as a search of Denied, Debarred, and/or Restricted Parties to include media searches on the actual company. We then examine the individual owners/directors/principals of a company to identify any connections to or relationships with local government, political, or military officials. A search of politically exposed persons can uncover this type of information. And finally, determine if the company is licensed to do business in the country.

The Role of Human Resources

Now more than ever regulatory compliance has understandably become one of the most important topics for companies operating in the modern business environment. For these companies it is important to ensure not only that they are acting in accordance with national and international regulations, but also demonstrate that they have undertaken reasonable levels of due diligence in this respect. The penalties for non-compliance with these regulations can include prison sentences and severe fines. Beyond this, there is also the risk of bad publicity and the possibility of inclusion on one of the denied-party lists. If, for example, a European company were to be included on one of the US denied-party lists it could effectively result in that company being unable to trade with the US.

Based on a bulletin from CPIC, we understand that we will ONLY be able to supply you with a very basic “Criminal Record Check” result, which will say that “Based on the information received, there is no criminal record identified.  Information can only be confirmed by fingerprint comparison”.

When a possible positive response is received:  “There may or may not be a criminal record in existence.  Information can only be confirmed by fingerprint comparison”.   

However, the reality for our industry effective immediately is as follows:

1. We can no longer supply Details of Criminal Convictions.  Police Services have been told that they cannot release a detail of a record to anyone without fingerprint comparison.  
2. We can no longer provide VSS checks (Searches for Pardoned Sexual Offences).  VSS Searches are only allowed if the person physically appears in person at the police station.  If a VSS Request is sent in, we will only process a Criminal Record Check.  Bear in mind that VSS searches only for Pardoned Sexual Offences, which historically are only revealed in about 1 in 20,000 cases. 
3. We will no longer process checks anyone under age 18.  So that you can maintain a consistent process, we recommend that you still send in the file, and we will not charge for requests that come in for persons under 18 years of age.

These changes are in direct response to this week’s directive from the CPIC office within the RCMP in Ottawa, which was sent to our police partners. 

What is happening now?

1. We are working to find other alternatives that respect the CPIC policy directive in order to supply you with information that will let you make timely hiring decisions. We will keep all of our clients updated as we develop alternatives.  Options we are exploring include Freedom of Information requests, which are governed under federal and provincial legislation. Please bear with us as we grapple with a decision that came down with no warning or consultation.   
2. We are continuing our lobbying efforts on behalf of our industry and most importantly on behalf of our customers, each of whom depend on this information to make decisions daily.
3. Process Suggestion: With respect to details of convictions on the Not Clear results that occur about 6% of the time, we recommend that you 

a. For candidates that we report as Not Clear - Review the candidate’s claims on their consent form – Did they admit to a conviction? If they did, you can consider using that information to make a decision. 

b. You can also use that information to determine if they were honest when filling out the consent form – about half of people with criminal records are not forthcoming about the existence of a criminal record.

4.  Regarding Vulnerable Sector Searches, the unfortunate reality is that only a police service is allowed to query for pardoned sexual offences when someone appears at the counter.  We can still process a Criminal Check for all non-pardoned offences and deliver that information quickly.  We are looking into options including Freedom of Information requests, which are governed under federal and provincial legislation.

5.  Representatives from our industry have been invited to participate in a Working Group in January on this topic.

Please stay tuned, as we update you regarding all of these matters.  We hope to have more information to you in the next few days about all of the above.

HYDERABAD: The Forum for Good Governance has alleged that 41 candidates who have criminal records are in the fray in the GHMC polls.

Of the 770 candidates representing different political parties, 31 candidates have criminal record and 10 independents candidates are booked under different sections of IPC, said D. Reddappa Reddy, retired Judge and president of the Forum at a press conference here on Friday.

The Forum obtained these details from Hyderabad and Cyberabad police commissionerates.

These 41 contestants are facing cases including murder, attempt to murder, communal violence, extortion, criminal intimidation, assault on public servant and trespass.

“We are not promoting any party. The objective behind disclosing the details is to appraise voters about the candidates profile and help them in electing good corporators,” said Mr. Reddy.

Despite several requests from voluntary organisations and civil society to nominate candidates with good track record, almost all the political parties have fielded candidates with criminal records.

While, Congress fielded four candidates with criminal record, TDP and MIM have fielded nine each, four each by BJP and CPI(M), two by CPI and one by the Praja Rajyam Party, three by other registered parties, Mr. Reddy said.

http://newshyderabad.wordpress.com/

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Written by Ian Williams

vnunet.com, 06 Mar 2009
The Information Commissioner’s Office (ICO) has located and seized a secret database containing personal information on over 3,000 UK construction workers, used as a vetting tool by more than 40 construction companies.

The 15-year old database of 3,213 workers includes details such as employment history and personal relationships, trade union activity and political leanings.

“This is a serious breach of the Data Protection Act [DPA]. Not only was personal information held on individuals without their knowledge or consent, but the very existence of the database was repeatedly denied,” said deputy information commissioner David Smith.

The database was uncovered during a raid by the ICO on a company called The Consulting Association, based in Droitwich, West Midlands, on 23 February 2009, following an article printed in The Guardian in June last year.

Evidence found at the site indicated that around 43 well-known construction companies paid an annual fee of £3,000 to The Consulting Association’s owner, Ian Kerr, to access the database. Subscribers were allowed to add and update information on new and existing workers, and could obtain details on individuals listed in the system for a fee of £2.20.

“The covert system enabled Mr Kerr to unlawfully trade personal information on workers for many years, helping the construction industry to vet prospective employees,” said Smith.

“On raiding Mr Kerr’s business premises we discovered an extensive operation involving household names in the construction industry. Kerr held information on thousands of construction workers, and profited by checking names against his database.”

The ICO has served an Enforcement Notice (PDF) instructing Kerr to stop using the system, and to cease trading by the end of the week. He now faces prosecution for breaching the DPA. The ICO confirmed that Kerr had ceased trading, and had vacated his business address.

“We will prosecute Mr Kerr, and we are also considering what regulatory action to take against construction firms who have been using the system,” said Smith.

“I remind business leaders that they must take their obligations under the DPA seriously. Trading people’s personal details in this way is unlawful, and we are determined to stamp out this type of activity.”

The ICO also announced that it will open a dedicated enquiry system from 16 March for people who believe that personal information about them may be held on the database, and is asking people not to contact the ICO before that date.

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Almost a quarter of people also believe the elderly and other vulnerable adults will not be protected from fraudsters just because someone has been CRB checked.

And nearly one in five people expressed concerns about how accurate and up-to-date CRB data was.

The Daily Telegraph told in November how up to 13,000 people have been wrongly labelled as criminals or accused of more serious offences because of blunders by the police and the Criminal Records Bureau.

The true number of inaccurate criminal record checks is four times higher than the Home Office has previously stated.

But the survey found the public still overwhelmingly supports criminal record checks on volunteers working with children.

More than 90 per cent said they backed checks on volunteers and a similar percentage said they would be prepared to undergo such checks themselves.

More than 70 per cent said they thought checks by the Criminal Records Bureau (CRB), which holds criminal records data, deterred criminals from applying to work with children or vulnerable adults.

The Home Office estimates criminal records checks have prevented more than 80,000 people working with children and vulnerable adults.

By Tom Whitehead, Home Affairs Editor

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A criminal information was filed today in the U.S. District Court for the District of Columbia charging Lloyds with one count of violating the IEEPA.  Lloyds waived indictment, agreed to the filing of the information, and has accepted and acknowledged responsibility for its criminal conduct.  Lloyds agreed to forfeit the funds as part of deferred prosecution agreements with the Department of Justice and the New York County District Attorney’s Office.

Under the IEEPA, it is a crime to willfully violate, or attempt to violate, any regulation issued under the act, including the Iranian Transactions Regulations, which prohibit exportation of services from the United States to Iran, and the Sudanese Sanctions Regulations, which prohibit exportation of services from the United States to Sudan.

According to court documents, beginning as early as 1995 and continuing until January 2007, Lloyds, in both the United Kingdom and Dubai, falsified outgoing U.S. wire transfers that involved countries or persons on U.S. sanctions lists.  Specifically, according to court documents, Lloyds deliberately removed material information–such as customer names, bank names and addresses–from payment messages so that the wire transfers would pass undetected through filters at U.S. financial institutions.  This process of “repairing” or “stripping,” as Lloyds commonly referred to it, allowed more than $350 million in transactions to be processed by U.S. correspondent banks used by Lloyds that might have otherwise been blocked or rejected due to sanctions regulations or for internal bank policy reasons.  According to court documents, the criminal conduct by Lloyds was designed to evade, and to assist its customers in evading, U.S. economic sanctions imposed against Iran, Sudan and other countries. 

“For more than 12 years, Lloyds facilitated the anonymous movement of hundreds of millions of dollars from U.S.-sanctioned nations through our financial system,” said Acting Assistant Attorney General Matthew Friedrich.  “More than $350 million moved from places such as Iran through locations around the world because Lloyds stripped identifying information from international wire transfers that would have raised a red flag at U.S. financial institutions and caused such payments to be scrutinized. The Department will continue to use criminal enforcement measures against the knowing and intentional evasion of U.S. sanctions laws, particularly where such conduct has the potential to finance terrorist activities.”

“Today’s global economy demands this type of high-level coordinated approach by multiple agencies and authorities,” said IRS Commissioner Doug Shulman.  “The IRS is proud to have shared its hallmark expertise in following the money trail in this and other increasingly sophisticated criminal schemes.  Indeed, creating new strategies and models of cooperation among governments on international tax compliance is one of my top priorities for the IRS.”

The bank’s forfeiture of $175 million to the United States and $175 million to New York County will settle forfeiture claims by the Department of Justice and the state of New York related to the misconduct.  In light of the bank’s remedial actions to date and its willingness to acknowledge responsibility for its actions, the Department will recommend the dismissal of the information in two years, provided Lloyds fully cooperates with, and abides by, the terms of the agreement.

The case was prosecuted by Assistant Chief Mia Levine and Trial Attorney Frederick Reynolds of the Criminal Division’s Asset Forfeiture and Money Laundering Section, which is headed by Chief Richard Weber.  The case was investigated by the IRS-Criminal Investigation’s Washington Field Division.

SOURCE  U.S. Department of Justice

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JUDGES imposing sentence on thugs in courts will now have easy access to their criminal records in other EU states.

Ireland is to sign up to a new criminal records database aimed at fighting crime across EU borders, the Irish Independent has learned.

It will also make it simpler to carry out background checks on overseas employees seeking work here in sensitive areas such as childcare.

The Government has given approval to Justice Minister Dermot Ahern to press ahead with plans to become part of the European criminal records information system (ECRIS), which is being established across member states and will ensure that electronic methods used in the transfer of information are standardised across Europe. The move will allow member states to exchange easy-to-use information through the different criminal legal systems and store it in national databases.

At present the courts are frequently left to pass sentence on convicted criminals without the knowledge of convictions elsewhere in the EU.

Mr Ahern told the Irish Independent: “This is a very important decision, underpinning the security of our citizens.

“Establishing a concrete and user-friendly system enables the efficient exchange of information on previous convictions of criminals and is a vital tool in combating trans-border criminals,” Mr Ahern added.

He said information about previous convictions would be circulated among judges, prosecutors and police authorities. “We need this, not only to provide adequate responses to crime but also to prevent new crimes being committed.” The Cabinet move followed a decision taken recently by Mr Ahern and his colleagues at the European justice and home affairs ministers council meeting.

Mr Ahern disclosed that an EU Commission study in 2006 highlighted the flaws in the existing mechanisms dealing with the exchange of information on criminal records and concluded that they were not reliable. “Leaving aside the need to inform judges of all previous convictions, it is also vital in terms of background checks in certain jobs,” he pointed out.

One of the aims was to ensure that a member state could comprehensively respond to a request for information on previous convictions and relay this through a computerised exchange system.

“New software will provide the relevant information in a form which is immediately understandable and overcome difficulties with different languages,” Mr Ahern added.

Mr Ahern must now table a motion in the Dail and the Seanad to secure their approval before the agreement is finally implemented.

- Tom Brady Security Editor

Checking the background of candidates is not what most recruiters had in mind when they started their careers. But while the process may not be glamorous, or exciting, in an increasingly securityand safety-conscious world it has never been more important.

The consequences of inadequate checks can be catastrophic. Peter Knight, a director of London-based recruitment consultancy Roberts Knight Selection says he knows of two recruitment companies which lost contracts after audits revealed that their checking of candidates had not been up to scratch. “It’s becoming the recruiter’s worst nightmare,” he says.

Olivia Yost, business development director at finance and support staff recruiter Poolia, says: “We have all heard horror stories of candidates being walked off the premises because they did not have the right visa, or because their references were not satisfactory. We don’t want to put our clients in a position of risk.”

The tendency of job seekers to “enhance” their CVs is encouraging greater scrutiny. A recent survey by The Risk Advisory Group (TRAG) an employee screening firm, found the number of CVs containing discrepancies is increasing — it now stands at more than 50% — and the inconsistencies are becoming more serious.

Commenting on the findings, Sal Remtulla, TRAG’s head of employee screening, says: “The serious nature of the discrepancies emphasises the need for heightened attention during the recruitment process.”

In one case, checks revealed an applicant for a position at the Financial Services Agency was investigated by her previous employer, which discovered she had divulged sensitive information to a competitor.

Such findings do not surprise Knight. “From time to time you get people who provide false information to us. I could probably write a book about it,” he says.

Legislation introduced in recent years has increased recruiters’ responsibility to verify the identity of candidates (see box). But many clients now expect recruiters to do even more, according to Knight. Most require background checks to go back three to five years. Knight cites one contract where 86 staff had problems with gaps in their CVs. This was costly for the company because it had to take on additional staff, and it was also time-consuming, requiring up to 15 contacts before some references were finally obtained. “The process is a huge burden for temporary and contract people, but we have no other way to validate that what they are saying is correct,” Knight says.

Tom Forrest, associate director at Joslin Rowe in the City, says practices have changed. Five to six years ago, the attitude was often “so and so can start in 20 minutes”. That does not happen any more, he says.

Forrest says one major investment bank will not employ temps unless employers for the previous five years have confirmed candidates’ employment. Credit checks are also common. And some clients require a personal reference for gaps of more than three weeks.

Forrest says the checking process can significantly delay the date a candidate starts work. He adds that most clients are prepared to wait rather than accept improperly screened people. “Checking is now critical,” he says, though he concedes that smaller financial institutions will often allow employees to start without seeing their full references up-front.

Screening requirements have grown so much that in 2005 Joslin Rowe created a four-person unit dedicated to checking references for temporary staff.

Recruiters also report that more and more clients require police checks through the Criminal Records Bureau (CRB). These checks are now common across sectors including education, finance and medical. However, many recruiters complain that the CRB checks take too long. “I have a teacher that I put in for in August, and I am still waiting for the CRB check to come back,” says Stephen Ashfield, manager director of Durham-based recruiter SAS Teachers.

Checking has also become more difficult due to the influx of migrant workers, including 600,000 from eastern Europe alone in recent years, says Knight. “People are more difficult to contact abroad, there are language barriers, and there can be question marks over the quality of information,” he adds.

Rather than doing the more stringent checks themselves, some recruiters are turning to specialist companies to do the work. Graham Johnson, a director of Greenfields Risk Management, which has four recruiters among its clients, says, “Agencies are so tied up with clients and candidates that they don’t have the time to carry out the checks themselves.”

Simon Houlton, managing director of the Referencing Agency, which has two recruiter clients, says a typical assignment would be to check “an eastern European worker who has had 10 jobs in the last 10 years”.

Although the growth of background checking appears universal, checking by recruiters is still mainly confined to temporary staff, as clients usually take responsibility for checks for permanent appointments. Helen Hopperton, business performance manager at Select Appointments, says: “We don’t reference permanent staff unless the client requests it.”

Hopperton adds that some sectors pose more difficulties than others. “Checking industrial workers is harder than checking commercial staff because they are more likely to be from overseas, and there’s also likely to be a higher turnover,” she says.

One sector where screening has taken on greater importance is aviation, due to the threat of terrorism, and recruiters are expected to play their part. “Anyone that passes into the security zone at airports has to have a five-year history check and verification of where they have been over that period,” says Steve Doherty, recruitment manager at Wynnwith Engineering, a supplier of contract staff to major airports including Heathrow and Gatwick.

Some professional contractors will have had 20 to 30 employers in that period, so the checks can take up to six weeks, and cost “several hundred pounds” per person, Doherty says. Doherty adds that around 20% of contractors now fail the vetting procedure compared with “a couple of per cent” previously. “We have to over-recruit, and then see how many we can get through clearance,” he says.

The situation has been made more difficult because it is no longer acceptable for contractors to provide a generic set of references. Instead all references have to be re-run for each new employer. “That’s extremely common,” says Doherty. He accepts that security must be strict, but says the downside is that tighter vetting has “stifled a certain amount of business”. Gatwick airport was left “significantly short” of personnel in the summer because staff couldn’t be cleared in time, he says.

Another sector facing difficulties is IT.

Martin McCrum, a director of Aspirare Recruitment in Hamilton, Scotland, says that the eight-to-12-week vetting procedure to work on government, military-based IT contracts has resulted in lost placings.

“Nine times out of 10, a contractor will go and take work immediately [rather than wait for vetting to be completed],” says McCrum. The company gets round this by putting candidates forward through another recruiter, which has already been security vetted.

Andy Church, managing director of Lorien, a specialist IT recruiter, says that after terrorist attacks in recent years, clients became concerned that they did not have enough information about their workforce.

“A significant number of our clients no longer accept the previously standard process of acquiring two references, and require stringent checks including credit, fraud, proof of residence, eligibility to work, proof of address, and criminal record checks,” says Church. “In all cases, the process of obtaining the information for the screening is the responsibility of the agency.”

Church says that if everything runs smoothly these checks take a minimum of 48 to 72 hours, but there can be delays, and the biggest drain on resources is the need to check references going back up to six years.

According to Church, the process has become so rigorous that to corroborate periods of inactivity or unemployment, for example, the agency may have to provide passport stamps to verify a candidate was travelling, and bank statements to prove there was no irregular activity. “In one extreme case,” Church says, ” a client insisted on viewing a death certificate when a candidate had been absent because his wife died.”

Church says the performance of an agency’s team carrying out screening can be just as critical as that of the main delivery team. “Clients audit us often, and the consequences of a failed audit can lead to the suspension or termination of our supply status.”

Such screening, while essential to meet clients’ needs, has a cost to the wider business, however. “The increase in screening requirements has not resulted in an increase in margin, and as a result there has been a direct impact on account profitability,” says Church.

The good news is that recent developments may make checking easier. For example, a database management system launched by a firm called Refero allows employers to access a central store of references, so they do not have to seek new references for every application.

MINIMUM LEGAL REQUIREMENTS
 Under the Conduct of Employment Agencies and Employment Business Regulations 2003, recruiters have a responsibility to confirm the identity of the work-seeker, and to check the candidate’s experience, training and qualifications.

Source: http://www.recruiter.co.uk

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