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Civil Servants
16. Gifts
16.1 Civil servants should not receive benefits of any kind from a third party which might reasonably be seen to compromise their personal judgement or integrity. The overriding concern is that the actions of civil servants be above suspicion and not give rise to any actual or potential conflict of interest, and that their dealings with commercial and other interests should bear the closest possible scrutiny.
16.2 The receipt of gifts, as distinct from hospitality, by civil servants from those with whom they have official dealings must be governed by the highest standards. The following general guidelines provide a framework within which decisions in this area can be made or local rules formulated. Civil servants must abide by these instructions or the local rules derived from them. Departments/Offices are required to apply these rules on the receipt of gifts or to make local rules derived from them. These local rules should be consistent with the general guidelines contained in this section. For the purposes of these provisions, the term “gift” includes any benefit (other than a benefit dealt with under paragraph 18 of the Code) which is given to a civil servant free of charge or at less than its commercial price.
- Subject to any rules which the Secretary General or Head of Office may determine, an officer may accept and retain gifts of modest value (e.g. diaries, pens, etc.). Any gift of more significant value should be refused or, if such refusal would cause offence, should be handed over by the civil servant concerned to his or her Department/Office.
- A gift, other than a gift of modest value, given to a civil servant by virtue of his or her official relationship with the donor or his or her Department’s commercial dealings with the donor must be regarded as property of the Department/Office concerned. However, benefits under frequent flier schemes may be retained by individual civil servants in recognition of the fact that official travel is disruptive to personal and family life.
- Particular care should be taken in relation to gifts from donors who stand to derive a personal or commercial benefit from their relationship with the Department/Office concerned.
- Cash, gift cheques or any vouchers that may be exchanged for cash may not be accepted regardless of the amount.
- Civil servants may not solicit gifts, directly or indirectly.
- Civil servants may not approach any business with which they have contact through their official duties seeking sponsorship or support for any club, charitable organisation, association, trade union or other organisation. Heads of Departments/Offices should apply discretion in the application of this rule to instances of very small patronage.
- Civil servants should not accept special facilities or discounts on private purchases from suppliers with whom they have official dealings.
16.3 It should be noted that, under the Prevention of Corruption Acts 1889 to 2001 as amended by the Ethics in Public Office Act 1995, the corrupt giving of gifts to, or receipt of gifts by, civil servants is a criminal offence punishable by imprisonment or fine or both. The Acts provide that money, gifts or other consideration received by a civil servant from a person holding or seeking to obtain a contract from a Government Department/Office is deemed to have been received corruptly unless the contrary is proved.
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