Anti-corruption & anti-bribery policy
We comply with all applicable local and international laws within the countries where we do business. We endeavour at all times to act in a socially responsible manner, within the laws, customs and appropriate traditions of the countries in which we operate, and do what we can to contribute in a responsible manner to the development of communities.
Where differences exist between the standard of the law or regulations and the requirements of this Policy, the higher standard will be applied. Management with responsibility for operations are expected to ensure that our business processes are in compliance with the law. Anti-bribery and anti-corruption laws vary from country to country.
Nevertheless, we are expected to adhere strictly to relevant laws in relation to bribery and corruption including the Prevention of Corruption Acts 1889 to 2010 in Ireland, USA Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act 2010 and all other applicable local laws. While these laws are often fundamentally similar, their differences can be material. Therefore, great consideration should be given to consulting with your line manager, Business Unit Legal Department or Company Legal to ensure compliance with all applicable laws. Remember, what is lawful in one country may be unlawful in another country. Similarly, what are considered ‘best practices’ in one jurisdiction may not be considered ‘best practice’ from another jurisdiction or Company perspective.
This Policy will be updated on a periodic basis to reflect legislative changes and when necessary, to address customs and laws of other countries where we do business but it will never compromise the Company’s commitment to lawful, honest and fair dealings with our customers, suppliers, employees and other stakeholders. If you are unsure of the correct action to take you should consult your line manager, Business Unit Legal Department or Company Legal.
Bribery & Corruption
It is unacceptable for anyone in the organisation to receive or pay bribes or any other form of corrupt payment.
Bribery or corrupt payments and any other forms of unethical business practice are strictly prohibited. Under no circumstance may any officer, employee, agent or representative make, offer, promise or authorise any payment or gift to, or receive from, any third party:
• To gain any business advantage, favour, financial reward or other benefit;
• To influence the policy of any government; or
• That could bear the appearance of impropriety.
All transactions with third parties must be conducted in accordance with all relevant local and international legislation in particular, the Prevention of Corruption Acts 1889 to 2010 in Ireland, the USA FCPA and the UK Bribery Act, 2010. Consult your line manager, local HR manager, Company HR or the Company Secretary for further guidance.
The giving and receiving of modest gifts or entertainment is a legitimate part of building good business relationships with customers, suppliers and other parties but do require written line manager approval. However, if they are disproportionate or inappropriate, they can cloud judgement. Gifts of cash or cash equivalents such as vouchers, gift cards or shares are considered inappropriate.
We must not let our business decisions be influenced by gifts or entertainment. You must therefore exercise care when offering or accepting gifts or hospitality to protect both your and our reputation against allegations of impropriety and to ensure bribery/anti-corruption laws are not breached.
When necessary or appropriate in the ordinary course of business, it is generally acceptable to give and receive occasional gifts or entertainment as long as such activity:
• is properly disclosed and approved by your line manager (up to a cumulative value of €200 or $250 from/to any external party in a calendar year);
• complies with applicable laws or in the case of a third party their company’s code of conduct;
• is reasonable and customary within the industry and national practice; and
• does not improperly influence the nature or continuation of the business relationship.
Gifts or entertainment in excess of €200 or $250 from/to any external party in a calendar year must be approved by your Business Unit Chief Executive Officer before acceptance and formally recorded by your local HR manager. No gift or entertainment may be provided to any government official or politician without prior approval from Company Corporate Affairs. Normal gestures such as working meals, coffee, etc. are excluded provided they are not excessive. When dealing with government, regulatory officials and agencies you must not put the Company at risk of working outside the standards we strive to uphold, as special rules and regulations apply to these interactions.
Therefore, we have an extra responsibility always to:
• Know and comply with all contract or licence requirements;
• Never provide gifts, hospitality or other benefits to government officials without advance
written approval from Company Legal and Company Corporate Affairs.
Political contributions include any contribution, made in cash or kind, to support a political cause, party, candidate or issue. Contributions in kind can include gifts of the use of company property
or services, advertising or promotional activities endorsing a political party, the purchase of tickets to fundraising events or the use of employees’ time to assist with political campaigning.
Political contributions to or through political parties, organisations or individuals engaged in politics should not be made as a way of obtaining advantage in business transactions.
On the limited occasion, a political contribution is deemed to be appropriate and is not given as a means of obtaining business advantage and supports the democratic process, the Managing Director may, subject to approval from the Company Human Resources Director and subject to the relevant law, give written approval for such a contribution. All such relevant expenditure should be fully documented, clearly receipted, recorded in the company’s records and publicly declared where required.
All donations must be approved by the Human Resources Director and must be documented, receipted and recorded in the Company’s accounts. If you are unsure about how to apply this Policy in practice, please ask your line manager, Business Unit Legal Department or Company Legal. If you believe that this Policy is not being followed you have an obligation to raise a concern. There are a number of avenues to raise a concern; these include contacting one of the following:
• Your line manager;
• HR manager;
• Business Unit leader; or
• Company Secretary.
When it is difficult or impractical to communicate to any of the resources above, please contact the Managing Director.
Raising a Concern – No Reprisal
The procedures for raising a concern are operated in a confidential and trusting manner. Employees should feel they can discuss workplace concerns directly with management without fear of harassment or retaliation. There will be no action or reprisal taken against any person reporting a genuine concern. Reporting a genuine concern means that the individual believes that what he or she is asserting is true, whether a subsequent investigation proves that report to be true or not. We will not tolerate retaliation or retribution for reporting such concerns. Employees who provide reports of a genuine concern will be protected from intimidation and retaliation. For full details please see our Code of Conduct and Speak up Policy.