Select Committee on Agriculture Minutes of Evidence


Declaration of Interests: A Code of Practice For Members

INTRODUCTION

  1.  This Code of Practice is intended to act as a guide for members of these three Committees as to the circumstances in which they should declare an interest in the chemical industry.

  2.  The advice of these Committees concerns matters which are connected with the chemical industry and it is therefore desirable that members should have a good understanding of the work of the industry. It is also desirable that some members should have practical experience of the scientific problems of product development. To avoid any public concern that commercial interests might affect the advice of the Committees it has been decided that the arrangements which govern relationships between members and the chemical industry and information on significant and relevant interests should be on public record.

DEFINITIONS

  3.  In this code, "the chemical industry" means

    The Food Safety Act 1990

    The Medicines Acts 1968 and 1971

    The Food and Environmental Protection Act 1985

    The Consumer Protection Act 1987

    The Cosmetic (Safety) (Amendment) Regulations 1987

    The Notification of New Substances Regulations 1982

      (b)  trade associations representing companies involved with such products

      (c)  companies, partnerships or individuals who are directly concerned with research, development or marketing of a product which is being considered by the Commitees on Toxicity, Mutagenicity or Carcinogenicity of Chemicals in Food, Consumer Products and the Environment.

      4.  In this code "the Secretariat" means the Secretariat of the relevant Committee.

 DIFFERENT TYPES OF INTEREST

  5.  There are a number of different types of interests and the following is intended only as a guide.

      Consultancies: any consultancy, directorship, position in or work for the chemical industry, which attracts regular or occasional payments in cash or kind.

      Fee-Paid Work: any work commissioned by the chemical industry for which the member is paid in cash or kind.

      Shareholdings: any shareholding in or other beneficial interest in shares of the chemical industry. This does not include shareholdings through unit trusts or similar arrangements where the member has no financial management.

    A non-personal interest involves payment which benefits a department for which a member is responsible, but is not received by the member personally. The main examples are:—

    Fellowships: the holding of a fellowship endowed by the chemical industry.

    Support by industry: any payment, other support or sponsorship by the chemical industry which does not convey any pecuniary or material benefit to a member personally but which does benefit their position or department, for example:—

      (i)  a grant from a company for the running of a unit or department for which a member is responsible;

      (ii)  a grant or fellowship or other payment to sponsor a post or a member of staff in the unit for which a member is responsible. This does not include financial assistance for students;

      (iii)  the commissioning of research or other work by, or advice from, staff who work in a unit for which the member is responsible.

    Trusteeship: where a member is a trustee of a charity with investments in a chemcial industry, the Secretariat can agree with the member a general declaration to cover this interest rather than draw up a detailed portfolio.

  6.  Members are under no obligation to seek out knowledge of work done for or on behalf of the chemcial industry within departments for which they are responsible if they would not normally expect to be informed.

  7.  Members should inform the Department in writing when they are appointed of their current personal and non-personal interests. Only the name of the company and the nature of the interest is required; the amount of any salary, fee, shareholding, grant etc need not be disclosed to the Department. An interest is current if the member has an on-going financial involvement with the chemical industry, eg if he or she holds shares in a chemical industry, has a consultancy contract, or if the member or the department for which he or she is responsible is in the process of carrying out work for the chemical industry. Members are asked to inform the Department at any time of any change in their personal intersts, and will be invited to complete a declaration form once a year. It would be sufficient if changes in non-personal interests are reported in the annual declaration form following the change. (Non-personal interest involving less than £1,000 from a particular company in the previous year need not be declared to the Department.)

  8.  Members are required to declare relevant interests at Committee meetings, and to state whether they are personal or non-personal interests and whether they are specific to the product under consideration or non-specific.

    (a)  A member must declare a personal specific interest if he or she has at any time worked on the product under consideration and has personally received payment for that work, in any form, from the chemical industry. If the interest is no longer current, the member may declare it as a lapsed personal specific interest. The member may then only take part in the proceedings at the Chairman's discretion.

    (b)  A member must declare a personal non-specific interest if he or she has a current personal interest in the company concerned which does not relate specifically to the product under discussion. The member may then only take part in the proceedings at the Chairman's discretion.

    (c)  A member must declare a non-personal specific interest if he or she is aware that the department for which he or she is responsible has at any time worked on the product but the member has not personally received payment in any form from the industry for the work done. The member may then take part in the proceedings unless the Chairman should decide otherwise.

    (d)  A member must declare a non-personal non-specific interest if he or she is aware that the department for which he or she is responsible is currently receiving payment from the company concerned which does not relate specifically to the product under discussion. The member may then take part in the proceedings unless the Chairman should decide otherwise.

  9.  If a member is aware that a product under consideration is or may become a competitor of a product manufactured, sold or supplied by a company in which the member has a current personal interest, he or she should declare the interest in the company marketing the rival product.

  10.  A member who is in any doubt during a meeting as to whether he or she has an interest which should be declared, or whether to take part in the proceedings, should ask the Chairman for guidance. The Chairman has the power to determine whether or not a member with an interest shall take part in the proceedings.

  11.  If the Chairman should declare an interest of any kind he or she should stand down from the chair for that item and the meeting should be conducted by the Deputy Chairman.

RECORD OF INTERESTS

  12.  A record is kept in the Department of names of members who have declared interests to the Department on appointment, as the interest first arises or through the annual declaration, and the nature of the interest.

  13.  It is the responsibility of individual members to declare all relevant interests. The Secretariat does not check whether members have done so. However, members can seek advice from the Secretariat if they have any doubts as to whether or not an interest should be declared.


 
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Prepared 23 June 1998