Gifts and Hospitality Guidance Note

Similar documents
Gifts and Hospitality Policy

LSE Procedure for Gifts and Hospitality

UK Research and Innovation. Gifts and Hospitality Policy

Gifts, Benefits and Hospitality Policy

POLICY ON OFFERS OF GIFTS AND HOSPITALITY RECEIVED. Policy on Offers of Gifts and Hospitality Received 1

GIFTS, BENEFITS & HOSPITALITY. Officer

1. This Code of Conduct ( the Code ) sets out the standards that are required of IMPRESS representatives.

Procedures and Guidance on the Acceptance of Hospitality and Gifts

GIFTS AND HOSPITALITY POLICY

CIVIL SERVICE COMMISSIONERS FOR NORTHERN IRELAND CODE OF PRACTICE

Gifts and Hospitality Policy

Policy and Guidance for the Declaration and Registration of Interests Receipt of Hospitality and Gifts Outside Employment General Policy No.

EXPECT. Acceptance of Gifts by Staff, Bribes and Witnessing of Legal Documents. Scope

GIFTS, HOSPITALITY AND DECLARATIONS OF INTEREST POLICY

Gifts, Benefits and Hospitality Policy

STANDARDS OF BUSINESS CONDUCT FOR NHS STAFF

Gifts, Gratuities & Hospitality Policy

Derbyshire Constabulary GIFTS, GRATUITIES AND HOSPITALITY GUIDANCE POLICY REFERENCE 12/311. This guidance is suitable for Public Disclosure

GIFTS, BENEFITS AND HOSPITALITY POLICY

PHARMACEUTICAL SPONSORSHIP WORKING WITH INDUSTRY POLICY

GIFTS, BENEFITS AND HOSPITALITY POLICY

All employees/directors are required to comply with the following minimum requirements:

UNIVERSITY INTERNAL AND EXTERNAL HOSPITALITY & GIFTS POLICY incorporating the Anti-Bribery policy. Effective immediately

California Institute of Technology BUSINESS EXPENSE GUIDELINES: ENTERTAINMENT. Office of Financial Services

CODE OF CONDUCT STATEMENT AND RULES ON CORPORATE ENTERTAINMENT, GIFTS AND HOSPITALITY Scope

Board Delegation of Authority Framework & Policy

STAFF CODE OF CONDUCT

The Bribery Act 2010 Policy and Procedure for the British Dietetic Association

1. What is Bribery? 2. Safeguards A. Risk Assessment. B. Accurate Books and Record Keeping

ANTI-CORRUPTION AND BRIBERY POLICY

Gifts, Gratuities, Hospitality and Sponsorship

1 P age. Policy for the receipt of hospitality and gifts and general sponsorship

Gifts, Benefits and Hospitality Policy. Target Audience: All Staff PURPOSE:

RANDGOLD RESOURCES LIMITED. Gift and Hospitality Policy

Policy and Guidance for the Declaration and Registration of Interests Receipt of Hospitality and Gifts Outside Employment General Policy No.

Code of Conduct for Staff

Gifts and Entertainment Policy

GPhC anti-bribery statement

Group Policy Anti-Bribery

GOVERNANCE HANDBOOK COMMUNITY REHABILITATION COMPANIES PUBLIC SECTOR OWNERSHIP MAY May

ROLES AND RESPONSIBILITIES

Tell Us North CIC. Anti-bribery Policy. Contents. Document details and review

Sensitive Expenditure Policy

NYCC GIFTS AND HOSPITALITY PROTOCOL FOR EMPLOYEES

Radian Probity policy V1:

Anti-Bribery Policy. for you for your community not for profit. Date: Head of HR. Author:

Anti-Bribery Policy. At First Recruitment Group we are proud of our culture and we try to ensure that integrity underpins everything we do.

Gifts and Hospitality Policy

RESPONSIBLE UNIVERSITY OFFICIAL: SENIOR VICE PRESIDENT FOR OPERATIONS CHIEF OPERATING OFFICER

Gifts and Hospitality Policy

Responsible Administrative Unit: Finance & Administration. Propriety of Expenditures Policy. Policy Contact:

Declaration of Interests and Potential Conflicts of Interests Policy

ENTITLEMENTS, PAYMENTS AND BENEFITS POLICY

GIFTS & HOSPITALITY POLICY. FINAL Version 12 Aug 2015 Date for Revision Aug 16

RIO TINTO. REMUNERATION COMMITTEE (the Committee ) TERMS OF REFERENCE

CAFOD CODE OF BEHAVIOUR

General Policy. Policies

0211 CODE OF ETHICS SUPPLEMENT ACCUDYNE BUSINESS GIFT POLICY

CODE OF ETHICS For the Staff of the European Broadcasting Union

Our Lady of Lourdes Health Care Services, Inc. and Affiliates POLICY NUMBER: AS0047CCP. PAGE NUMBER: 1 of 11

APPROVED. Anti-Bribery and Corruption Policy OBJECTIVES PRINCIPLES WOODSIDE POLICY. Prohibition on corruption. Gifts and entertainment principles

PUBLIC SERVICES REFORM (SCOTLAND) ACT 2010: DUTIES ON PUBLIC BODIES TO PROVIDE INFORMATION

Procurement Standard. For further information contact

Gift and Hospitality. Policy and Procedures

Procurement Policy. Department Owner. Finance & Resources (National) Section Owner. Procurement. Approver. E-ACT Audit & Risk Committee

CODE OF CONDUCT FOR EMPLOYEES

code of conduct + ethics

Freedom of Information Act 2000 Definition document for district councils in Northern Ireland

NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST STANDARDS OF BUSINESS CONDUCT POLICY. Documentation Control

Speaking Engagements Policy

Ethics & Procurement Integrity What You Need to Know as a Federal Employee Involved in the Procurement and Acquisition Process

Integrity and honesty in all our business dealings are core to the reputation of Aggreko and its long-term success. Therefore, appropriate ethical

CODE OF CONDUCT. (As Amended June 11, 2015)

THE DEPARTMENT OF HEALTH AND SENIOR SERVICES CODE OF ETHICS

Brooke Weston Trust. Trust Handbook: Policies and Procedures. Procurement Policy. Associated Policies Charging and Remissions

THE NATIONAL CONCERT HALL S EMPLOYEE CODE OF BUSINESS ETHICS

Conflict of Interest

Travel & Expenses Policy

BOARD CHARTER. This Charter has been approved by the Board of Iluka Resources Limited (12 December 2017)

Agenda Item 17 CORPORATE GOVERNANCE FRAMEWORK

Local Governing Bodies Responsibilities. Code of Conduct

Bob Evans Farms, Inc.

HUMAN RESOURCES COMMITTEE CHARTER

MINISTERIAL CODE. CABINET OFFICE December 2016

HOSPITALITY EXPENSES POLICY. This policy has been developed to define hospitality expenses.

JOB DESCRIPTION. International Project Manager. Deputy Director. Starting salary 30,452 pa. Relevant Degree and/or experience

CODE OF ETHICS POLICY AND PROCEDURE

CONSULTANT CONTRACT. Table of Contents

The Vodafone Code of Conduct. Doing what s right

Professional Standards Authority for Health and Social Care. A guide to the information available under the Freedom of Information Publication Scheme

Reward & recognition scheme framework

GIFTS, GRATUITIES AND BUSINESS COURTESIES

Ordnance Survey Ireland Code of Standards and Behaviours

Mayur Resources Ltd. 80 Robinson Road, #02-00, Singapore

Bruce E. Douglas, Ph.D. Executive Director. To: All CREC Staff. From: Bruce Douglas. Date: May 19, Guidelines on Ethical Spending

Fixed Term Staffing Policy

Alfa Financial Software Holdings PLC Terms of Reference of The Audit and Risk Committee of The Board of Directors of The Company

Annual Compliance Statement 2017 and Board of Directors / Governing Body and Corporate Governance Requirements

2.1 The quorum necessary for the transaction of business shall be two members of the Remuneration Committee.

Transcription:

Gifts and Hospitality Guidance Note October 2010

CONTENTS 1. SCOPE 3 What is covered? 3 Who is covered? 3 Definition of terms 4 2. GUIDING PRINCIPLES 4 3. ACCEPTANCE AND PROVISION OF GIFTS / HOSPITALITY 4 Guiding criteria and examples 5 Provision of alcohol 6 Catering for meetings with those visiting the Law Commission 6 4. AUTHORISATION 6 Authorising officers 7 Where prior authorisation is not possible / practical 7 5. RECORDING 7 Record keeping and retention 7 6. REPORTING, MONITORING AND REVIEW 8 7. PROCEDURAL FLOWCHARTS 8 8. FURTHER GUIDANCE 8 Page 2

Table 1: Related Policies and Guidance Central Government The Civil Service Code Sets out the framework within which all civil servants work, and the core values and standards they are expected to uphold. The HMT Handbook: Regularity, Propriety and Value for Money Includes a range of Case Studies ( Learning From Others Mistakes ) where public bodies have been openly criticised for various actions deemed inappropriate. The Nolan Report Sets out Seven Principles of Public Life that civil servants must abide by. MoJ Issues relating to staff conduct and behaviour, including Whistleblowing Policy and the Reward and Recognition Scheme. Note: Director-level approval for the purpose of this guide means Law Commission Chief Executive / Budget Holder. 1. SCOPE What is covered? This guidance covers any gift or hospitality offered to or by Law Commission staff which may be associated with activities in their official capacity as set out on the Gifts & Hospitality section of the MoJ Intranet except where additional internal instructions have needed to be provided. Rules regarding conflicts of interest, where Law Commission staff have a personal involvement with outside organisations are covered by the MoJ Conduct Policy, accessible via the HRD Staff conduct and behaviour Intranet page. Excluded from scope are rewards and prizes internal to the Commission e.g. within the Long Service Award and Reward and Recognition schemes. Who is covered? This policy is mandatory for all those working for the Law Commission. This includes all staff, consultants, contractors and agency staff. The Chairman and Commissioners have agreed to be bound by it. The requirement to seek authorisation for gifts and hospitality arising from official activity and to record on the register applies equally where the beneficiary may be a relative or associate. Examples are where a gift is made or employment offered to a spouse, partner, relative, or friend or where a spouse / partner is included in an invitation to a function. 3

Definition of terms Gifts include tickets to events; vouchers, rewards and prizes, and items loaned or bought at below their market value. Hospitality includes the provision of meals and invitations to functions, and being accompanied to sporting, entertainment and other venues where the other party pays some or all of the costs of the MoJ attendees. 2. GUIDING PRINCIPLES The principles governing the provision and acceptance of gifts and hospitality are set out in: the Civil Service Code and the HMT handbook Regularity, Propriety and Value for Money. The Code sets out the framework within which all civil servants work, and the core values and standards that are required to be upheld. This states that civil servants: must not accept gifts or hospitality or receive other benefits from anyone which might reasonably be seen to compromise personal judgement or integrity. A list of further related Government and MoJ Policies and Guides is set out in Table 1 at the beginning of this policy. Staff often come into contact with outside organisations where it is normal business practice to offer hospitality, and sometimes gifts, to promote useful contacts and working relationships. However within the Civil Service, acceptance of money, gifts or other consideration, even when not seen as corrupt, can still represent a breach of discipline. Therefore always bear in mind that: conduct must not foster the suspicion of any conflict between official duty and private interest actions whilst acting in an official capacity must not give the impression (to any member of the public, organisation or colleague) that a gift or consideration may have had an influence in showing favour or disfavour, and gifts or hospitality must be refused if either the individual or the Commission is in any doubt about the propriety of accepting them. Questions to consider when deciding on accepting gifts or hospitality should include: Could my actions be perceived by others as gaining an improper advantage? Could I satisfactorily defend my decision before the Law Commission Accounting Officer (the Permanent Secretary of MoJ)? Could I satisfactorily defend the decision in public or before Parliament? 3. ACCEPTANCE AND PROVISION OF GIFTS/HOSPITALITY The general principle is that gifts and hospitality must only be provided / accepted in exceptional circumstances and which: are appropriate to the circumstances, for example offered in the course of a normal business meeting or by a delegation of an overseas government; are modest and appropriate, for example a token item such as a promotional pen or keyring, or routine hospitality such as coffee and biscuits, or a light working lunch. 4

When deciding whether to accept gifts / hospitality, the context is important, and you need to consider whether: it is a regular occurrence? or the timing of the offer raises any potential issues of propriety? Guiding criteria and examples A list of examples of Gifts and Hospitality that would normally be considered acceptable and unacceptable is set out below. This is a broad guide only as each case needs to be considered on its merits, bearing in mind the nature of the relationship with the other party and the value of the item. Table 2: Acceptable and Unacceptable Gifts and Hospitality Acceptable Gifts Isolated, trivial and inexpensive e.g. Pocket diary Calendar or other stationery Calculators Key ring Paperweight Decorative item (plate / box) Box of chocolates Flowers Bottle of wine (see paragraph Provision of Alcohol ) Hospitality Acceptable Catering service refreshments (tea/coffee) at meetings with those coming from outside the Commission. Catering service lunch/other meal for guests to Commission - but only with Director-level approval Law Commission funded drinks/drinks reception to guests to the Commission - but only with Director-level approval Attendance at one-off / annual dinner or modest social function of an organisation, association or body with which the Law Commission is in regular contact but only with Director-level approval Unacceptable All other gifts e.g. Gift vouchers (other than through Departmental Reward and Recognition schemes) Membership / subscription to an organisation such as sports or other clubs Tickets to sporting or social / leisure events Holidays (UK or abroad) or holiday travel Goods or services at trade/discount prices Unacceptable Catering service refreshments/lunch at internal Law Commission meetings Payment to Commission staff by an outside body of hotel expenses or other subsistence Payment to Commission staff of travelling expenses by an outside body. Attendance at frequent or extravagant social functions, (particularly invitations from the same source). For staff attending pre-paid functions such as conferences and receptions, there is normally no additional cost. Where a bill is presented and it deemed appropriate that it should be paid, however, costs may be met by the: Government Procurement Card (GPC) or Travel and Subsistence (T&S) claim. These would require full disclosure on the Register. Always consider if such expenditure could be perceived negatively by the public and media, as public money subsidising hospitality for officials Individual - Such instances would need to be recorded on the register as declined. 5

Provision of alcohol When providing in-house hospitality (e.g. conferences and away days) for Law Commission/MoJ people, no alcohol is to be paid for from Law Commission funds. When providing hospitality to external parties, then discretion can be exercised, e.g. a modest amount of wine with a meal. Catering for meetings with those visiting the Law Commission The Chief Executive / Budget Holder has delegated authority to Band A staff to allow online MoJ catering requests as follows - though only staff who hold a Statement of Financial Authority can commit expenditure. If you are unsure please speak to the Law Commission Finance & IT Officer. Access the Facilities Online Request Form (MOJ intranet\a-z\f\facilities Online Order Form (London HQ)\Catering\ Enter your computer ID username and continue Select/enter your correct details Under building select Steel House Under category select Catering Under sub-category select Hospitality Our business entity is ME110 When all cells are completed on that page click continue. Complete your order (remember to take a note of the cost) Once you have completed the order click on submit and you will then receive a catering order number (keep a note of this) Once the event has taken place if a) food items (excluding biscuits or cakes served with refreshments) were ordered or b) the order value was 50 or above you must complete a gift and hospitality form (located on our Intranet under Finance\Gifts and Hospitality) to include the catering order number and the cost and send it to the Law Commission Finance & IT Officer. Alternatively, facilities exist for DIY catering (teas/coffees) for small meetings with people external to the Law Commission. Please speak to Alison Meager. These facilities are not available to staff for internal meetings, which must be catered privately. A gift and hospitality form does not require completion in this instance. 4. AUTHORISATION Authorisation when considering the provision, acceptance (or declining) of gifts or hospitality is: mandatory for non Senior Civil Service (SCS) Grades in all circumstances. not mandatory for Senior Civil Service (SCS) Grades. The SCS, with their seniority, general levels of delegated authority and ability to influence are more likely be offered gifts or hospitality. When accepting gifts / hospitality, there is therefore an onus on SCS to consider reputation risk and ensure that they act as an exemplar to others in recording all offers and the reason for acceptance/refusal. It is also the responsibility of SCS to ensure that their staff adheres to this Policy. SCS must still provide the necessary degree of assurance to the (Principal) Accounting Officer through the Statement on Internal Control, and should exercise discretion in informing, (or 6

seeking approval of), a senior manager where further clarification/assurances may be considered necessary. Authorising Officers The role of Authorising Officer at the Law Commission is the Chief Executive / Budget Holder. Where prior authorisation is not possible / practical In certain circumstances it may be necessary to make an immediate decision regarding an offer of a gift or hospitality, and prior authorisation may not be possible, (e.g. in order to avoid offence to a visiting overseas delegation). On such occasions the circumstances and reasons for the action taken should be reported at the first opportunity to the respective Authorising Officer. 5. RECORDING The Law Commission is required to hold a Gifts and Hospitality Register to ensure instances of offers made and received, (whether accepted or declined), are recorded. Those instances of a wholly routine or trivial nature do not need to be recorded. The template is at Annex A. As an aid to transparency, it is important to cross-reference any supporting documentation to the register. The use of a standard format, is designed to ensure consistency of information in the event of a Parliamentary Question, Freedom of Information request, and will ease any further analysis required across MoJ Business Groups. The Law Commission Finance & IT Officer manages our Register and submits quarterly returns to MoJ. Where the offered gift or hospitality is to be declined, you should write to the donor citing the reason. You should then: confirm it in writing to the Chief Executive complete a gift and hospitality form (located on our Intranet under Finance) and send it to the Law Commission Finance & IT Officer along with any supporting documentation (so that they can make an entry in our Register). Anyone accepting a gift or hospitality other than of a notional value must: complete a gift and hospitality form (located on our Intranet under Finance) and send it to the Law Commission Finance & IT Officer along with any supporting documentation (so that they can make an entry in our Register). Record keeping and retention In order to establish a robust audit trail that supports accountability and the Statement on Internal Control, records must be maintained. Electronic copies of the register, and any supporting documentation, must be retained securely for a period of three years. Where there is any related retention period (e.g. contract records), then that of the greatest period should be applied. 7

6. REPORTING, MONITORING AND REVIEW In order to provide the necessary level of assurance that this policy is being complied with, Registers must be regularly reported, monitored and reviewed. The Law Commission Finance & IT Officer receives all completed Gift & Hospitality forms and manages our Register and the Head of the Corporate Service Team / Budget Manager ensures that it is subject to the necessary compliance control. As a minimum standard reviews must be: completed biannually; conducted by an Officer at an appropriate level of seniority to ensure effective challenge. The Register is available for inspection. Assurance on the overall compliance with the Departmental Policy will be supported through periodical checks by MoJ Internal Audit. 7. PROCEDURAL FLOWCHARTS The Procedures set out in this policy document for the Acceptance, Approval, Recording, Reporting and Review, are detailed in the Procedural Flow Charts at Annex B1 and 2. 8. FURTHER GUIDANCE If you have any questions about gifts or hospitality please speak to: Mark Ormerod (Chief Executive / Budget Holder) ext. 0250 Donna Greene (Head of Corporate Service Team / Budget Manager) - ext. 0251 Jacqueline Griffiths (Finance & IT Officer) - ext. 0253 8

Annex A 9

Annex B1 10

Annex B2 11