Overview

The Bribery Act, 2010 (“Act”), has been created to reform the law of bribery to provide for a new consolidated scheme of bribery offences.

Each organisation and its staff must comply with the law in relation to this Act when offering or accepting a gift or hospitality from colleagues, contractors, suppliers, and other external organisations.

There are a number of offences that have been created under the Act, but the following three have particular relevance:

• Offering, promising or giving a bribe to another person – Section 1;
• Requesting or agreeing to receive or accepting a bribe – Section 2;
• Failure of a commercial organisation to prevent bribery – Section 7 (Corporate Offence).

Unless an organisation has adequate procedures in place to deter acts of bribery, its senior management could also be liable to be prosecuted, as well as the individual(s) concerned.

Under the Act, a person found guilty can receive a maximum sentence of 10 years and/or an unlimited fine.

Bribery Prevention Policy

Receiving Gifts

Definition of a gift: A ‘gift’ is any item of cash or goods, which is provided for personal benefit at less than its commercial value.

• Staff should not accept any gift, reward or hospitality from any organisation or individual with whom they have contact in the course of their work as an inducement for either doing something or not doing something in their official capacity (it is particularly important to take care about any gift received from a person or organisation that has, or is hoping to have, a contract with The Marquee Group Limited and subsidiary (Marquee Group));
• Staff members may accept modest gifts, either themselves or on behalf of Marquee Group, (e.g. chocolates or flowers) without reference to the Line Manager, as refusal could cause offence.

The recipient of unsolicited gifts of a substantial nature from colleagues, potential and existing clients, contractors, suppliers, and other external organisations should consult their Line Manager on the matter (who will, in turn, discuss the matter with a Director who will be the final arbiter on the advisability of accepting or refusing such gifts);

Larger gifts should remain the property of Marquee Group. Exceptionally, if the Director(s) consider that it is not possible to use a gift to support Marquee Group’s work, retention of the gift by the individual may be authorised by the Director(s).

In permitting the retention of the gift, Marquee Group may recommend the recipient make a cash bequest to a local charity, keeping a record of this bequest.

Alternatively, if the individual does not wish to retain the gift, Marquee Group may arrange for presentation of the gift to a local charity.

Receiving Hospitality

Definition of hospitality: ‘Hospitality’ is food, drink, entertainment or other services provided for personal benefit at less than their commercial value.

There is an acceptance that a member of staff may sometimes receive conventional hospitality. This may also include a member of staff attending, in an official capacity, a social event organised by another body for promotional or influential purpose.

In general, it may be necessary to decline offers of hospitality exceeding the norm of conventional hospitality.

The following forms of hospitality, in particular, should be avoided:

• Inducements that could lead to a contractual position between Marquee Group and a supplier, contractor or consultant;
• Substantial offers of social functions, travel or accommodation;
• Repeated acceptance of meals, tickets and invitations to sporting, cultural or social events, particularly from the same source;
• Particular care should be taken when offered any form of hospitality or gift from a person or organisation that has, or is hoping to have, a contractual relationship with Marquee Group.

If staff have any doubt about whether to accept hospitality offered they should refer the matter to their Line Manager (who will, in turn, discuss the matter with a Director who will be the final arbiter on the advisability of accepting or refusing such gifts).

If, as an exception, the Line Manager agrees that there are circumstances that justify exceeding the normal level of hospitality, there will be a record kept.

Offering Gifts or Hospitality

Occasionally, there are circumstances where Marquee Group may feel it appropriate to offer a gift or hospitality to an individual or external organisation.

Where this occurs, a Director must authorise this, and it should be made clear that there is no element of inducement involved, and that a reciprocal gift should not be offered by the individual or Marquee Group, nor accepted by Marquee Group.

Any offer or acceptance of a gift or hospitality over-and-above what would be considered as ‘modest’ should be recorded.

If you are thinking of offering a gift or hospitality to another person or organisation in the course of your duties and you are unsure whether this is appropriate: please contact your Line Manager and/or a Director for further advice.

The guiding principles when considering offering a gift or hospitality are:

• The conduct of a staff member should not create suspicion of any conflict of interest between official duty and private interest;
• The action of staff members should not give the impression to members of the public or any organisation with whom they deal, or to their colleagues, that they actually have, or may have been influenced, with a benefit received in order to show favour or disfavour to any person or organisation. (Contrastingly, this should also apply should a benefit be offered by a member of staff at Marquee Group to any other individual).

It is a disciplinary offence for a member of staff to accept any benefit as an inducement or reward that leads them in an official capacity to:

• Take any action, or not to take action; or
• Show favour or disfavour to anyone.

Any disciplinary action will be in accordance with the Marquee Group’s normal disciplinary procedure.

If you are offered a gift or hospitality by a colleague, potential or existing client, contractor, supplier or other person, or are thinking of offering the same to another person or organisation in the course of your duties and you are unsure whether this is appropriate, please contact your Line Manager or a Director for advice.