Application of the Code
This Code of Conduct applies to all employees of RPA for as long as they are employed by the Agency. This means everyone employed by RPA under a contract or employment whether permanent, part-time or fixed term. The Code does not only apply when you are in the office or on site: it applies in any situation where you are representing or are directly associated with RPA.
Queries about the Code
If you have a query about the application of this Code, you should talk to the Agency Secretary. Queries and expressions of concern about compliance by you or by any one else with the Code will be dealt with confidentially.
Breach of the Code
If you consider that you may have inadvertently breached any part of this Code, you should without delay consult the Agency Secretary who will deal with the matter sympathetically and seek to ensure that the breach is remedied effectively. However, any breach of this Code or a failure to disclose a known breach by you will be regarded seriously and may lead to disciplinary action, which may include dismissal.
Legal Requirements
This Code of Conduct is in addition to any legal requirements that may apply to RPA staff, in particular sections 28 to 31 of the Transport (Railway Infrastructure) Act 2001 and the Ethics in Public Office Acts 1995 and 2001.
Principles of the Code of Conduct
These principles apply to every aspect of our work:
- Integrity
- Effective communication
- Confidentiality
- Lawful behaviour
- Commerciality
- Integrity
We will observe the highest standards of honesty and integrity in all our business dealings. This means that, as a member of staff, you must:
- Refuse any bribe or inducement offered to you and disclose as soon as possible that it has been made to you to the Agency Secretary.
- Not offer or make any bribe or inducement.
- Refuse any gift or hospitality which may affect, or may be seen to affect, the award of business to any supplier, prospective supplier or your ability to make an independent judgement on any matter as part of your work and in particular to observe the guidelines regarding gifts or hospitality in the schedule to this Code.
- Reject any business practice which might reasonably be considered to be improper.
- Not give a commitment that you do not know can be met.
- Not use your position in RPA for your own gain or the gain of any person related to you.
- Where required by section 28 of the Transport (Railway Infrastructure) Act 2001 or the Ethics in Public Office Acts 1995 and 2001, disclose in writing details of any interest which might give rise to a conflict of interest.
- Where you have a conflict of interest, including in circumstances covered by section 29 of the Transport (Railway Infrastructure) Act 2001, disclose it to the Agency Secretary and the relevant RPA manager, and not influence, or seek to influence, a decision on the matter affected by it.
Effective Communications
We will ensure that all our communications are effective. This means that, as a member of staff, you must:
- Ensure that you are polite in all communications.
- Ensure that your communications are accurate and, in particular, do not misrepresent the position of the Agency on any matter.
- Ensure that your communications are clear and consider the needs of the person to whom they are addressed.
- Ensure that suitable records of communications are kept in an organised manner.
- Disclose improper communications made to you under section 31 of the Transport (Railway Infrastructure) Act 2001 by writing to The Chairman, Railway Procurement Agency, c/o The Secretary, Parkgate Business Centre, Parkgate St., Dublin 8.
Remember that all records, including emails, letters, written notes and any other document, may be subject to release under the Freedom of Information Acts 1997 and 2003.
Confidentiality
We will carefully protect confidential information. This means that, as a member of staff, you must:
- Ensure that confidential information is not misused by RPA and, to the extent practicable, by any other person or body outside RPA.
- Ensure that confidential information is properly safeguarded in RPA and, if you are sending it to a person or body outside RPA, to the extent practicable, by that person or body.
- Exercise due care in communicating such information so that it cannot be accessed by any person not authorised to do so.
- Never communicate with any tenderer or prospective tenderer, including where they are existing suppliers, about any tender that is being planned or run by RPA, in a manner that gives them an unfair advantage and observe any guidelines or rules that may be put in place for particular tenders by the RPA Procurement Manager.
- Ensure that personal information is used only in accordance with data protection law.
These provisions in relation to confidentiality are in addition to the provisions of section 30 of the Transport (Railway Infrastructure) Act 2001.
Lawful Behaviour
We will comply with all applicable laws and regulations. This means that, as a member of staff, you must:
- Meet all legal and regulatory obligations applicable to RPA, in particular public procurement law and rules, law and rules on railway and workplace safety, environmental law, law and rules on business ethics and tax law.
- Comply with contractual obligations applicable to RPA.
- Comply with all of RPA’s internal control procedures, in particular procurement and tendering procedures and with prescribed levels of authority for sanctioning expenditure.
Commerciality
We will seek to achieve the best value for money for the taxpayer in all our activities. This means that, as a member of staff, you must:
- Encourage effective and fair competition between suppliers at all times.
- Seek to ensure that cost, time and quality are suitably balanced in the development of our projects.
- Negotiate fairly but forcefully.
The following guidelines apply when considering whether or not a gift or hospitality may be accepted.
General Requirement
Under no circumstances may any gift or hospitality be accepted where that acceptance may influence, or be seen as possibly influencing, the award of business to any supplier or prospective supplier.
It is a matter for each employee to ensure they comply with this obligation.
Suppliers who are also Prospective Suppliers
Where any existing supplier is reasonably expected to tender or is tendering, for any contract to be awarded by RPA, that supplier must be treated as a prospective supplier to the greatest extent possible consistent with continuing existing business relations with them.
Gifts
Gifts may never be accepted from any prospective supplier. With the exception of gifts with a nominal value, no gifts may be accepted from any existing supplier. Where any gift that is not of a nominal value is sent to an RPA employee, it should be returned to the sender with a note advising that acceptance would be contrary to RPA policy or, where this cannot be done, given to the Agency Secretary who will donate it to charity and advise the sender of this.
Cash or any vouchers or other documents that may be exchanged for cash may not be accepted regardless of the amount.
Details of all gifts offered or received other than ones of a nominal value must be notified as soon as possible after they are received to the Agency Secretary. Gifts must never be solicited, directly or indirectly.
Sponsorship may never be accepted from any prospective supplier. Sponsorship may not be requested nor accepted from any existing supplier except from individuals who have regular contact with RPA for amounts less than €30 for charitable events being undertaken by individual members of staff or for charities with which those staff are involved.
Hospitality
Modest hospitality (including invitations to sporting events and golf outings) may be accepted from existing suppliers only, provided:
- The frequency and scale of hospitality is not more than RPA might be expected to give in return;
- The number of RPA employees availing of the hospitality is kept to a minimum; and
- Invitations do not include the provision of foreign travel or overnight accommodation.
Hospitality that includes travel and overnight accommodation within Ireland may only be accepted from existing suppliers in exceptional circumstances and with the express prior written approval of the Agency Secretary.
Hospitality may not be accepted from any prospective suppliers (including, as noted above, suppliers who are also at the relevant time prospective suppliers). This does not exclude attendance at events such as seminars which may be organised by prospective suppliers for the members of a profession generally; however, no RPA staff should receive any hospitality at such events that is not being provided to all attendees.
Details of all hospitality offered or received, other than where it is of a cursory nature, such as minor refreshments at meetings or functions or generally available at seminars, must be notified as soon as possible after it is received to the Agency Secretary.
Click here to view or download RPA Staff Code of Conduct
Click here to view or download RPA Board Members Code of Conduct
Click here to view or download RPA Consultants Code of Conduct