Guidance on Acceptance of Gifts and Hospitality
Introduction
1. The acceptance of gifts, including services, and hospitality
is related to the issue of conflicts of interest which is
the subject of a separate note to members. In both cases members
are expected to observe exceptionally high standards of personal
honesty and integrity.
Principles governing the acceptance of gifts and hospitality
2. The principles governing the acceptance of gifts and hospitality
are:
- the conduct of members should not foster the suspicion
of any conflict between their Commission duties and their
private interests;
- the actions of members should not give the impression
that they could be, or may have been placed under some kind
of obligation or influenced by a gift or consideration to
show favour or disfavour to any person or organization when
acting as a member of the Commission;
- if there is any doubt about the propriety of accepting
a gift or hospitality if should be refused.
What this means for reporting panel and specialist panel
members
3. Neither a member nor his or her family should accept a
gift or hospitality which may, or may appear to, compromise
the member’s or the Commission’s impartiality in
dealing with any investigation. The primary responsibility
for deciding whether gifts or hospitality should be accepted
lies with the member. If the member has any doubt, he or she
should either refuse the gift or hospitality or consult the
Secretary.
Guidelines on gifts and hospitality
4. When serving on an investigation a member should
not accept gifts or hospitality from any party which is closely
involved in or is giving evidence to the investigation. A
member may accept limited hospitality while on site visits.
Staff are responsible for ensuring that the scale of the hospitality
is appropriate.
5. When invited to serve on a group dealing with a
reference a member should disclose any non-trivial gift or
hospitality accepted in the previous twelve months from any
party which is closely involved in or is likely to give evidence
to the investigation. Normally in such circumstances the member
will not be able to serve on the investigation.
6. A member not serving on a group should, when informed
of the reference, disclose any unexpected, non-trivial gift
or hospitality accepted in the previous twelve months from
any party which is closely involved in or is likely to give
evidence to the investigation. He or she should also, once
the reference is made, consult with the Secretary before accepting
any unexpected, non-trivial gift or hospitality from any party
which is closely involved in or is likely to give evidence
to the investigation. This paragraph does not apply to a gift
or hospitality which the member regards as normal in the context
of his or her continuing relationship with that party, provided
that it does not appear excessive.
7. If a member is aware of the possibility of a reference
being made (eg from press speculation), or is aware that a
mandatory reference is to be made (eg an Airports Act review),
he or she should consult with the Secretary before accepting
any non-trivial gift or hospitality from a party that is likely
to be closely involved in or is likely to give evidence to
the investigation.
8. A member serving on a group who has accepted any non-trivial
gift or hospitality in the previous twelve months from an
adviser or contractor who has bid to provide services
to the Commission should disclose that fact and should not
participate in the decision whom to appoint.
9. The guidelines should be understood to cover both members
and their close family.
10. The question of what constitutes a non-trivial gift or
hospitality is a matter of judgement for members. If there
is any doubt they should consult the Secretary.
The legal position
11. Members will recall that one of the grounds for a challenge
by judicial review of Commission reports is bias. Acceptance
of a gift or hospitality by a member could give rise to an
allegation of bias.
12. Members’ attention is drawn to the fact that, under
the Public Bodies Corrupt Practices Act 1889 and the Prevention
of Corruption Act 1906, it is an offence corruptly to accept
any gift or consideration as an inducement or reward for:
- doing, or refraining from doing, anything; and
- showing favour or disfavour to any person;
in relation to the Commission’s functions.
February 2000
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