4.3 Gifts and hospitality
The Code’s provisions on gifts and hospitality are designed to avoid any perception that councillors are using their role to obtain benefits that members of the public would have to pay for. They also help prevent councillors being influenced into making decisions for reasons other than the public interest (for example, by individuals or groups seeking contracts or licences).
The Code makes the default position clear: you should refuse all offers of gifts and hospitality except in the limited circumstances set out in paragraph 3.15. Acceptance includes accepting the promise of a gift or hospitality.
The exceptions under paragraph 3.15 are:
- Minor items or tokens of modest intrinsic value offered on an infrequent basis (such as a pen or a notepad).
- A civic gift offered to the Council.
- Hospitality reasonably associated with your duties as a councillor (for example, tea or coffee at a local event, or a buffet lunch provided at a training event or conference).
- Hospitality approved in advance by the Council.
To determine whether an offer falls within these exceptions you must apply the objective test: whether a member of the public, with knowledge of the relevant facts, would reasonably consider that acceptance of the gift or hospitality might influence your discussion or decision-making.
You should always question whether the gift or hospitality would have been offered to you if you were not a councillor. You should consider not only your own perception but also the perception of others.
The Code recognises that you may reasonably accept hospitality associated with representing your Council in a civic role, such as a dinner to commemorate an anniversary of a local event. It also recognises that you may be expected to accept gifts on the Council’s behalf, particularly where refusal could cause offence. In such cases, you must accept the gift on behalf of the Council and pass it to the appropriate officer.
You are required to advise your Council’s Monitoring Officer promptly if you are offered, but refuse, any gift or hospitality of significant value, or if you receive repeated offers from the same source. This enables the Council to monitor the situation and take any appropriate action.
The Standards Commission’s Advice Note for Councillors on Gifts and Hospitality includes detailed information and examples of typical scenarios to help councillors reach fair, transparent decisions about what gifts and hospitality should be accepted or declined.
4.2 Scrutiny
