[holding answer 28 February 2008]: The Department provides the following guidance to all of its staff on its HR intranet:
Acceptance and registration of hospitality
You must not accept offers of gifts or hospitality without considering whether it would be both legal and proper to do so.
The Principles of Propriety
The guiding principles governing the acceptance of gifts and hospitality are:
Your conduct should not create suspicion of a conflict between your official duty and your private interest;
You should not give the impression that you may have been influenced by a gift or hospitality;
If in doubt about whether you should accept a gift or hospitality, you should refuse it.
These principles are not intended to stop you accepting occasional trivial gifts or working lunches during the course of an official visit. However no offer of a more substantial gift or hospitality should be lightly accepted.
You should consult your line manager when deciding whether or not to accept a gift or hospitality.
Procedures for declaring hospitality received
You must not accept hospitality that might be seen to compromise your personal judgement or integrity.
It is up to you to judge whether an offer of hospitality should be accepted. Before accepting, you should be satisfied that the hospitality is normal and reasonable in the circumstances. If in doubt, you should consult a senior manager.
The following guidelines are intended to help you and them come to a decision:
Is it in the Department's interest? For hospitality to be in the Department's interests there will normally need to be an opportunity to discuss official business. However, it may be that the Department nonetheless needs to be represented at an event. In this case you should check with a senior manager, to make sure that the Department is not over-represented.
The value - Is it great enough to give rise to criticism? You should consider the perceived value rather than the actual cost.
The frequency: Is it more frequent or regular than would be regarded as normal or reasonable, taking into account the nature of the event?
The potential for embarrassment: Is the person or organisation offering the hospitality under investigation or have they been criticised by the Government or anyone acting on its behalf?
The nature of any relationship with the Department: Even if you are not involved in financial, contractual or regulatory matters connected with the person or body concerned, the acceptance of an invitation by a member of BERR would be open to misconstruction or misrepresentation.
You need to bear in mind that the guidelines are not just intended to safeguard the Department’s position; they are framed to help you to avoid personal embarrassment and criticism, however misplaced.
Strict rules apply to those responsible for procurement and the placing or management of contracts (see the Procurement Manual for further guidance); and those involved in regulatory activity. These are issued separately to the relevant staff. Nevertheless, they have the same force and authority as though they were included in The Guide.
Records of gifts and hospitality
All material hospitality that you accept while on duty (other than of an incidental kind like tea or coffee) must be registered in the HMU's Register of Gifts and Hospitality.
The only exceptions to this rule are hospitality in relation to diplomatic activity overseas or in the UK (e.g. reception hosted by a foreign government or international institution) and attendance at an event hosted by Her Majesty's Government (e.g. an official dinner to mark a particular occasion).
Any failure to register hospitality is a disciplinary offence. Staff concerned with procurement, including contract management, should note that the CUP Guide NO 16 makes the recording of offers of hospitality and gifts, whether or not accepted, mandatory.
Legal Position in Respect of Corruption
It is an offence under the Prevention of Corruption Act 1906 for any civil servant in his or her official capacity corruptly to accept any gift or consideration as an inducement or reward for doing, or refraining from doing, anything; or showing favour or disfavour to any person.
Moreover, under the Prevention of Corruption Act 1916, any money, gift or consideration received by a member of staff from a person or organisation holding or seeking to obtain a Government contract will be deemed by the courts to have been received corruptly, unless the officer proves the contrary.