Gifts and hospitality (FOI)

​Request

Re: Response to the Freedom of Information request: HCS medical devices, reporting systems and governance (FOI), Point 19 and 20 respectively:

A

Without divulging the surgeons name or credentials has any surgeon declared any payments made to them within the last 10 years from industry or otherwise?

B

Is the reporting of any monetary or gifting from industry obligatory or indeed mandatory?

C

Has there been any checks made by Government of Jersey to secure and ensure that the system in place is indeed shown to be a true and effective measure for capturing any payments made?

Response

A

A review of the Gifts and Hospitality register has been undertaken and there are no records of surgeons having received any payments made to them.

B

The States of Jersey Accounting Manual includes the financial directions applicable to all government financial bodies. It includes the States of Jersey Code of Conduct which applies to all staff.

Gifts

As a general principle, it is unacceptable for an employee to accept a valuable gift or money for personal reward.  On all occasions, prior to accepting a gift or money, an officer should seek advice and approval from their head of department.

Gifts such as flowers or chocolates can be kept, especially if refusal would lead to upset or offence on the part of the giver. Calendars, diaries and similar items of token value which may sometimes be given to employees at Christmas or after a visit to an organisation can be accepted.

In all cases a test of reasonableness should be applied and the officer should ask him/herself the following questions:

• why is the gift being made?
• what are the background circumstances?
• has the donor felt obliged to make the gift?
• does the donor expect anything in return?
• are there any implications for the Government of Jersey or myself if I accept or decline?
• would I be prepared to justify acceptance to the public?

It is the responsibility of employees to ensure that they adhere to the Code of Conduct (Code) and abide by the principles set out in the Code.

Information relating to Gifts and Hospitality received by employees and Ministers is available publicly on www.gov.je in response to previous Freedom of Information requests.

Gifts and Hospitality since 2010 (FOI)

No information is held therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies. However, the registers will be subject to review by internal audit.

Article applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.