PARAMETERS TO THE OPERATION OF THE
BAN ON LOBBYING FOR REWARD OR CONSIDERATION
79. The
Committee on Standards and Privileges has also agreed to the following
parameters to the operation of the rule:—
1) Registrable interests: The ban on lobbying
for reward or consideration is to apply with equal effect to any
registrable or declarable pecuniary benefit irrespective of the
source of that benefit (i.e. no distinction is drawn between financial
benefits received from a company, a representative organisation,
a charity, a foreign government or any other source). Similarly,
no distinction should be drawn in the application of the advocacy
rule to different categories of registrable or declarable benefit[26]
(except for the provision below relating to ballot bills, to overseas
visits, and to membership of other elected bodies). Non-pecuniary
interests registered by Members do not fall within the scope of
the Resolution agreed by the House on 6th November 1995 and the
rule does not apply to them.
2) Past, present, and future benefits:
Unlike the Register, which lists current benefits, or benefits
received in the immediate past, the Resolution on lobbying of
6th November 1995 also refers, as does the rule on declaration,
to past and expected future benefits. It is difficult to contemplate
circumstances where any benefit received some time in the past,
particularly an interest which is not in the current printed Register,
could be sufficiently relevant to be taken into account under
the rule (see (4) below). Expected future interests, on the other
hand, may be more significant. For example, Members expecting
to derive direct financial benefit from particular legislation
should, as well as declaring the interest in debate as appropriate,
not seek to move Amendments to advance the expected future interest.
The same consideration applies to other proceedings.
3) Continuing benefits: Continuing benefits,
i.e. directorships, other employment, and sponsorship, can be
divested to release a Member with immediate effect from the restrictions
imposed by the rule, providing that the benefit is disposed of
and there is no expectation of renewal.
4) "One-off" benefits: The rule
applies to "one-off" registrable benefits, both visits
and gifts, from the day upon which the interest was acquired until
one year after it is registered.
5) Family benefits: The rule includes
relevant payments to a Member's family, but any payment to a member
of the family of any Member which arises out of the family member's
own occupation is not regarded as a benefit for the purposes of
the Resolution.[27]
6) Ballot Bills: Private Members successful
in the Ballot for Bills are not prevented from introducing and
proceeding with a Bill by reason of the fact that they receive
free or subsidised assistance from an organisation connected with
the purposes of the Bill provided the Member had no pre-existing
financial relationship with the organisation which is registered,
or is required to be registered.
7) Overseas Visits: Although, except as
set out in paragraph 35, overseas visits must be registered and
declared, such visits shall not be taken into account when applying
the rule.
8) Membership of other elected bodies:
Membership of the Scottish Parliament, the National Assembly for
Wales, the Northern Ireland Assembly, the European Parliament
and local authorities in the United Kingdom shall not be taken
into account when applying the rule.
9) Ministers: The restrictions imposed
by the rule do not apply to Ministers when acting in the House
as Ministers.
80. The financial interests of Members are extremely
varied, as the Register demonstrates. Each Member will need to
apply the rule and the Guidelines to his or her particular circumstances.
When in doubt, Members will be able to seek the advice of the
Commissioner, or the Committee on Standards and Privileges.
However, some illustrative examples of the application of the
Guidelines may be of value:—
a) A Member who is director of a company
may not seek particular preference for that company (e.g. tax
relief, subsidies, restriction of competition) in any proceeding
of the House or any approach to Ministers or officials.
b) In the case of trade associations, staff associations,
professional bodies, charities (or any similar representative
organisation):
i) Membership alone of any representative organisation
does not entail any restrictions under the rule.
ii) A Member who is, for example, a remunerated
adviser:
— may
not advocate measures for the exclusive benefit of that organisation;
nor speak or act in support of a campaign exclusively for the
benefit of the representative organisation or its membership (e.g.
a campaign for special tax relief, or for enhanced pay and numbers);
— may speak or act in support of a campaign
which is of particular interest to the representative organisation
(e.g. in the case of an animal welfare organisation, a campaign
to prohibit the importation of animal fur, or prohibit blood sports;
in the case of a charity for cancer research, a campaign for the
prohibition of smoking).
c) When a Member has a problem involving a company
within his or her constituency the Member may take any parliamentary
action to resolve that problem, even though he or she may hold
a remunerated position with a body representing the relevant sector
of the industry regionally or nationally, or with another company
outside the constituency in the same industrial sector. Similarly
a Member who has a remunerated position with a representative
association is not restricted in any way in taking up the case
of a constituent who is a member of that association, or is employed
by a member of that association. The only circumstances when the
Member's actions are restricted are when the Member has a registrable
interest with the company concerned when the guidelines provide
that the Member forfeits the special position he or she has as
a constituency Member.
d) Members are reminded that when accepting foreign
visits they should be mindful of the reputation of the House.
However, the knowledge obtained by Members on such visits can
often be of value to the House as a whole. While it is desirable
that Members should be able to use that knowledge in debate in
the House there is a point at which promoting the interests, of
e.g. a foreign Government from which hospitality has been received,
crosses the line between informed comment and lobbying. Members
may not, for example, advocate in debate increased United Kingdom
financial assistance to a Government from which they have recently
received hospitality. Nor may the Member advocate any other measure
for the exclusive benefit of the host Government. Subject to this
constraint Members could, having declared their interest, raise
matters relating to their experiences in the country either in
a speech or by initiating any other proceeding. Similarly they
could raise matters relating to the problems of the country generally,
or make use of any local insight they have obtained into regional
problems (e.g. the situation in the Middle East or in South East
Asia, economic or social problems or an external threat) or information
they have obtained on local developments or initiatives.
e) A Member whose visit was funded by a non-governmental
organisation (NGO) or other agency would not be inhibited in speaking
about its work or the problems it was dealing with. Only a matter
which was for the exclusive benefit of the NGO or agency, e.g.
a request for a grant-in-aid to the particular organisation, could
not be pursued.
f) Under the rule, a Member who is receiving
free office accommodation provided by a local authority should
not advocate measures for the exclusive benefit of the local authority
itself (as distinct from the interests of those whom the local
authority represents). In practice, since Members also have a
paramount duty to represent their constituents there will be few
occasions when the application of the rule will place a limit
on a Member's parliamentary actions. In any event, accommodation
provided solely for the purpose of holding constituency surgeries
is exempt from registration and therefore from the application
of the rule.
RESPONSIBILITY OF THE MEMBER
81. In
common with the rules of the House relating to registration and
declaration of interest the main responsibility for observation
of the ban on lobbying for reward or consideration lies with the
individual Member. The Select Committee on Standards in Public
Life stated in its Second Report that "it is important to
make clear that it will not be the function of the Chair to enforce
the ban … during speeches, either by interrupting a Member
thought to be contravening it, or by declining to call him. Complaints
will be a matter for the Commissioner to investigate in the first
instance".[28] The
Speaker has declined to receive points of order relating to registration
or lobbying.[29]
Delegations
