Procedure and Guidance for the Gifts and Hospitality Policy
Procedure owned by: Policy and Governance.
Version no. 2
Tier: 3 (Procedure)
Introduction
This Tier 3 procedure and guidance expands upon, and provides further information about, several of the points set out in the Tier 2 Gifts and Hospitality Policy, including examples of scenarios.
Procedure and guidance
Examples of scenarios related to gifts, non-gifts and external hospitality
- As with the Code of Ethical Conduct, in assessing these situations, colleagues are to apply the principles set out in the Tier 2 policy, along with their common sense and an appreciation of the situation and context.
- The key question to ask yourself is “How would me accepting this look to my team, line manager and wider colleagues?”.
- All gifts, hospitality and sponsorship offers, whether accepted or declined, that are received in relation to a colleague’s role in KFRS must be reported by email to the Clerk to the Authority ([email protected]) who will record them in the hospitality register.
Gifts and external hospitality
4. Example 1
A situation presented as a non-gift, which is in reality a gift that could not be accepted and which it would be sensible to declare, despite being under the £10 threshold.
A fire safety audit is taking place in a bakery and the responsible person makes doughnuts available on the pretence of them being for “anyone who passes by”. This would, as a result of the situation, clearly be a gift (external hospitality), as despite the pretence, in reality the doughnuts are being directed at a specific group, i.e. the inspecting officers.
Given the context and colleagues’ role as fire safety officers, they would not be allowed to be accept the doughnuts as do so could influence, or give the impression of influencing, any decisions they might make relating to the audit. The context also means that, despite being under the £10 threshold, it would be sensible for colleagues to declare the offer.
5. Example 2
An offer of hospitality that could not be accepted and which would have to be declared as it would be over the £10 threshold.
A group of colleagues from different teams in KFRS are attending a conference and a supplier offers to take them all out for a meal that evening. This would, as a result of the situation, clearly be a gift (external hospitality), as the offer is being directed at a specific group, i.e. the KFRS colleagues.
Given the context, they would not be allowed to be accept the offer as do so could influence, or give the impression of influencing, any decisions they might make relating to procurement. This offer is over the £10 threshold and so would need to be declared.
6. Example 3
A gift that could be accepted and which would have to be declared.
A delegation from an overseas fire service visits KFRS and a group of KFRS colleagues are assigned to hosting the visitors. At the end of the visit the visitors present each of the KFRS colleagues with a badge from their fire service. It can be reasonably assumed that each badge is valued under £10.
Colleagues would be allowed to accept and keep these gifts, but they would have to be declared.
Non-gift items
7. Example 4
A group of colleagues from different teams in KFRS are a conference at which there are supplier stands. One of these supplier stands has a range of stationery (pens, pencils and notebooks), novelty items (stress balls, fidget toys) and doughnuts, which are freely available for any attendees to take. Each KFRS attendee takes one type of item, being careful to ensure the total combined value doesn’t go beyond what would reasonably be estimated at £10.
Because these are things that are made freely available to an undefined group ("anyone who passes by"), with no specific individual in mind, they are non-gift items. This along with the context means colleagues can obtain these, within reason and up to a maximum of £10, and they do not need to be declared.
Reporting gifts, hospitality and sponsorship
8. All gifts, hospitality and sponsorship offers, whether accepted or declined, that are received in relation to a colleague’s role in KFRS must be reported by email to the Clerk to the Authority ([email protected]) who will record them in the hospitality register.
9. When reporting this, please set out the information under the following headings:
- date of the offer
- how the offer was made (in person, email, message, phone call)
- organisation and name of person who made the offer
- name of KFRS colleague(s) who received the offer
- details of what was offered
- whether the offer was accepted or declined
- reason(s) the offer was accepted or declined
- any other relevant information
10. The hospitality register is an Excel spreadsheet which is maintained by the Clerk to the Authority. This is reviewed monthly by CMB and will be made available to the Kent and Medway Fire and Rescue Authority, KCC internal audit and our external auditors.
11. All enquiries or requests for decisions relating to gifts, hospitality, and sponsorship must be sent to the Clerk to the Authority who will refer them to CMB.
12. This includes questions relating to gifts made to KFRS as an organisation or a particular fire station (as opposed to gifts made to individuals) of items of memorabilia from partner organisations, including other fire and rescue services (e.g. plaques, pictures and other decorative or memorial items).
13. Anonymised information from the hospitality register will be in scope for release to the public through requests made under the Freedom of Information Act 2000.
Submitting gifts to the Clerk to the Authority
14. Any gift exceeding £10 (including VAT) must be declined. If you think that declining the gift at the time would cause a problem (e.g. a diplomatic or fire service exchange then you may accept it, but the gift must be submitted to the Clerk to the Authority as soon as practicable.
15. In this situation, when reporting the gift to the Clerk, make clear why it was not possible to refuse the gift and then make arrangements with the Clerk to have the gift sent to Service Headquarters via the internal delivery system.
When gifts cannot be submitted to the Clerk to the Authority
16. If it is not practical to submit a gift to the Clerk to the Authority (e.g. a perishable food item) then it must still be reported to the Clerk, but the item must be locally disposed of as soon as possible (but not through being used or consumed).
17. Questions relating to gifts made to KFRS or a particular fire station (as opposed to individuals) of items of memorabilia from partner organisations and other fire and rescue services (e.g. plaques, pictures and other decorative or memorial items) must be reported to the Clerk to the Authority who will refer the question to CMB for a decision.
KFRS hospitality and entertainment
What is meant by “KFRS hospitality”?
18. KFRS hospitality refers to KFRS hosting visitors and guests from outside KFRS, which includes the provision of refreshments along with displays and events. This may include substantial refreshments such as hot meals and sandwiches. This can take place on KFRS premises or non-KFRS premises and would be regarded as official KFRS hospitality.
19. Any KFRS hospitality (e.g. for visiting dignitaries, emergency service representatives, the armed forces or government officials) must first be approved by CMB. If approved, the cost of any provision must be reasonable and proportionate. Hospitality will never include alcoholic drinks.
20. This is different from the provision of refreshments at KFRS business meetings. For example, team away days, the corporate teams seminar, fire futures and the meetings of the Kent and Medway Fire and Rescue Authority and the Audit and Governance Committee. This is treated as refreshments at meetings, it is not KFRS hospitality.
When can KFRS hospitality be considered?
21. Occasions when KFRS hospitality may be considered would be official ceremonies, conferences, exchanges and other events of a similar nature, which are specifically convened by KFRS. For example, the annual awards ceremony or an event to celebrate the opening of a new KFRS facility.
22. It could also be in response to an external request which sits outside the course of normal business activity. For example, a request to visit KFRS from UK or foreign dignitaries (such as a member of the royal family or a cabinet minister), members of the emergency services and the armed forces, or government officials.
Seeking approval for requests for hospitality
23. Requests must be submitted to the Clerk to the Authority ([email protected]) who will refer them to CMB for a decision.
24. All requests must set out key information about the event, its purpose, visitors, the type of hospitality being sought and the approximate costs. Costs must always be reasonable and proportionate.
25. Approval for hospitality can only be given by CMB.
KFRS colleagues and hospitality
26. For KFRS events involving the provision of official hospitality, guidance on what hospitality may or may not be accepted by any colleagues attending the event will be provided beforehand.
27. For example, in order to keep costs down, provision of substantial refreshments may only be extended to non-KFRS attendees.
Non-KFRS events where hospitality is provided
28. When colleagues attend an externally organised conference, seminar, training or similar type of event, for which approval has been granted on the basis of a business need, colleagues are allowed to consume food and non-alcoholic drinks that are provided as part of the attendance package for that event. Examples would include attending an NFCC conference, CIPFA (Chartered Institute of Public Finance and Accountancy) seminar or external training course where drinks and meals are provided for attendees.
29. This is different from hospitality provided at an event which might influence or give the impression of influencing, any decisions KFRS might make. Examples of this would be situations related to the selection of suppliers, such as attending the Emergency Services Show and then being offered to be taken for a meal by one of the suppliers who is exhibiting there.