The latest scare-mongering from lawyers concerns the newly- introduced, and little known, UK Bribery Act that came into force this month. Apparently we could end up in jail, or at least in court, if we buy a drink or two for a customer or potential customer. Really!
Clearly there is right and wrong. We think of the alleged payments to third world potentates to secure arms deals, or the sleazy inducements to councillors and others to secure planning consents that occasionally hit the headlines as being wrong. But, what about good old-fashioned hospitality?
We know that a drink or a meal to help get to know someone a little better or to thank them for their custom cannot be wrong.
Then there is the grey area in which many operate, unless you are a supplier to the public sector or to Asda. Asda and the public sector don’t like subjectivity if they can avoid it ,so they simply forbid their people from accepting anything, even a coffee, from a supplier or potential supplier. Does it matter? I’d say yes if you believe that the best supplier/customer relationships involve a real understanding of each other and the ability to work in partnership for mutual benefit.
The grey area is cultural and varies with geography, industry economic climate etc. Was it wrong in the 1990s for insolvency practitioners to take their referral sources to Spain for a weekend to play golf? Why did my old accounting firm take a box at a leading football stadium and give each partner a budget for entertaining?
In these straitened times we are taking a hair-shirted approach to something that should self-regulate. However it will only self-regulate if high standards of business morality are maintained and that is back to culture. The public sector approach may avoid immorality but it doesn’t help people to understand the issue and make judgements. Each time we impose regulations we remove personal judgment and create a culture in which anything goes as long as it is not illegal – is that OK? Well it wasn’t illegal for bankers to continue to lend to customers whose gearing levels were excessive – 125% mortgages for example – but it was disastrous for society.
Back to the UK Bribery Act. Whilst it should not cause any difficulties for most of us it may increase the burden of compliance. Although most organisations should already have the data, the burden comes in having to collate and report it.
So, is it still Ok for you to buy me lunch? Thankfully the answer is yes but as in everything timing is critical. Don’t buy me lunch whilst I am in the process of reviewing tenders for a project for which you have applied. Common sense and personal pride should tell you that. But do invite me to the races or lunch or dinner to find out more about me and to let me know more about you and your wonderful business.
Lawyers have to work harder for their fees than ever before so they are looking for things to promote, and clearly new legislation needs to be understood. However there is an excess of shock tactics and a deficiency of pragmatic advice.
I picked up a pearl of wisdom with regard to bribery when I was a trainee accountant in the 1970s. My boss said there was a big difference between a bottle of whisky at Xmas and a case of whisky just before he signed the audit report, and that difference was more than eleven bottles!
It is as simple as that, or, at least it should be. The Serious Fraud Office position on hospitality is that if “hospitality is not lavish and people use their common sense then there should not be a problem under the Bribery Act”. Time for lunch?