Policy for Prevention of Corruption and Potential Conflicts of Interest

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (04.06.07) to approve Policy HD1 for the Prevention of Corruption and Potential Conflicts of Interest.

Subject:	Approval of Policy HD1 – Policy For Prevention of Corruption and Potential Conflicts of Interest
Decision Reference:	MD-H-2007-0032	Exempt clause(s):
Type of Report: (oral or written)	Oral	Person Giving Report (if oral):		Carl B Mavity – Director of Estate Services
Telephone or e-mail Meeting?		Report File ref:
Written Report – Title		Written report - author
Decision(s): The Minister approved Policy Document HD1 – Policy For Prevention of Corruption and Potential Conflicts of Interest.
Reason(s) for decision To ensure that the Department has clear, transparent and appropriate policy aimed at preventing corruption and avoiding potential conflicts of interest.
Resource implications Financial: NIL Manpower: NIL Property: NIL ICT: NIL Law Drafting: NIL
Action required:
Signature: (Minister/ Assistant Minister)			Date of Decision:

Policy for Prevention of Corruption and Potential Conflicts of Interest

POLICY HD 1

STATES OF JERSEY HOUSING DEPARTMENT

POLICY FOR PREVENTION OF CORRUPTION

AND POTENTIAL CONFLICTS OF INTEREST

Corporation of t

The States of Jersey Housing department (the ‘Department’) is committed to achieving value for money for the Public of the Island. The Department is committed to observing the very highest standards of financial integrity in respect of its procurement.

1. Objectives

This Policy has been developed as a guide to good practice for ‘Authorised Buyers’ in preventing opportunity for allegations of corruption in respect of the procurement of maintenance services from external Contractors and Service Providers and to provide staff with a mechanism for identifying and reporting potential areas of conflict between their professional responsibilities and private lives.

An ‘Authorised Buyer’ shall be any employee of the Department, whether permanent or employed on a time limited contract, where authority for issuing orders and or paying invoices on the Department’s behalf has been granted and that this has been notified to the Minister.

2. Application of the Policy

This Policy applies to all authorised buyers within the Department.

Other standards, Policies and guidelines may be relevant to the Department’s tendering, (see Tendering Policy). It is also worthy of note that tendering for capital projects may for instance be subject to bespoke corporate policies and codes of direction.

3. Principles

It is considered inevitable that at one time or another ‘authorised buyers’ will have the need to procure services in pursuance of their private lives and may wish to engage the services of Contractors or service providers with whom they do business on the Department’s behalf whilst at work.

It is also possible that from time to time, members of a buyer’s family, friends or acquaintances may be in the employ of Contractors employed by the Department. It is therefore easy to see that there may be potential for third parties to suggest that services or goods are being provided privately on a nil or reduced cost basis by the Contractor as a reward for work assigned or contracts awarded.

Whilst the Department’s internal policies (see Tendering Policy and Repairs and Maintenance Strategy) make it practically impossible for any one Officer to influence the distribution of work or contracts, this policy has been prepared to ensure that ‘Authorised Buyers’ and Contractors alike understand the Department’s policy on such matters and note their responsibility in complying with it.

1. Any ‘Authorised Buyer’ considering employing any Contractor or Service Provider who appears on the Department’s approved list of contractors shall notify the Management Team as follows:-

 Works to a value of £1,201 or greater – to be notified in writing in advance, other than in the case of an emergency where delaying the works is impractical. If the latter staff may be asked to justify why the Management Team could not be notified in advance.

Each notification is to detail:-

 The nature of the work and the estimate of cost

 Details of the Contractor being engaged

2. Any ‘Authorised Buyer’ considering employing any Contractor or Service Provider who does not appear on the Department’s approved list of contractors shall notify the Management Team as follows:-

 Works to a value of £2,500 or below – to be notified in writing where possible in advance or where it is impractical to do so, immediately thereafter.

 Works to a value of £2,500 or greater – to be notified in writing in advance, other than in the case of an emergency where delaying the works is impractical. If the latter staff may be asked to justify why the Management Team could not be notified in advance.

Each notification is to detail:-

 The nature of the work and the estimate of cost

 Details of the Contractor being engaged

This requirement ensures that a Contractor or Service Provider who may be in negotiation with the Department over joining the approved Contractor list or who may have tendered for contracts is not employed by an ‘Authorised Buyer’ and that as a result a conflict of interest is created and that the ‘Authorised Buyer’, Contractor and Department are then open to criticism.

3. Authorised buyers will be required to notify the Management Team in writing of any potential conflict of interest, such as a personal relationship with any employee of any contractor employed by the Department.

4. Confidentiality

All information provided shall be treated as strictly confidential by the Management Team at all times.

5. Gifts and Gratuities

Gifts, gratuities and or any other benefit will not be accepted by any member of staff from any contractor or service provider. All such offers of gifts, gratuities and or any other benefit must be declined at the outset and the matter reported to a member of the Management Team without delay.

Where gifts, gratuities and or any other benefit are actually provided and or delivered the matter must be reported immediately to a member of the management Team and where it is not practical for the item to be returned a decision will be made in respect of, in all likelihood, onward donation to charity.

6. Sanctions

Any member of staff found to have accepted any gift, gratuity or other benefit shall be subject to disciplinary action.

Contractors who persist in offering gifts, gratuities or other benefits to staff for whatever reason may be removed from the approved list of contractors and have any extant contracts cancelled.

Policy Drafted	9th January 2006	C Mavity Director of Estate Services

Policy Reviews	Date	Reviewed By
	2nd May 2007	C Mavity Director of Estate Services