Select Committee on Parliamentary Commissioner for Standards Report


1  Strengthening the Standards System

Review of the Guide to the Rules

1.1 In June 2003 the House undertook to review the Code of Conduct and Guide to the Rules once in the lifetime of every Parliament. This decision followed a recommendation of the Committee on Standards in Public Life. On 13 July 2005, following a public consultation exercise, the House adopted an amended Code of Conduct.

1.2 In April 2006, the Committee on Standards and Privileges decided to initiate a revision of the Guide to the Rules. The Guide sets out the House's requirements in relation to the registration and declaration of interests by Members, as well as other important provisions on lobbying for reward or consideration and on the handling of complaints against Members.[3] In July 2006, following initial suggestions put forward by the Registrar of Members' Interests and myself, the Committee published a consultation document setting out possible changes to the Guide.[4] Copies of the document were sent to all Members and to other interested parties (such as the Committee on Standards in Public Life), as well as being made more generally available on the world-wide web.

1.3 The primary purpose of the review was not to revisit the principles of the House's system for ensuring transparency in relation to relevant interests held by its Members, but to ensure that the Guide continues to reflect current practice and guidance in a coherent, comprehensive and accessible way, while at the same time providing a general framework within which suggestions for change, from Members and others, could be examined. Wherever possible the aim was to clarify and simplify the present guidance, for the benefit of Members and the public.

1.4 Experience since the last review of the Guide in 2002 had not suggested that a major revision was required. For the most part, the changes suggested in the draft revision of the Guide published by the Committee reflected changes in the context in which the Rules must be interpreted. Overall, the changes proposed should not increase the regulatory burden on Members but clarify how the Rules apply.

1.5 The period of consultation on the proposals having ended, the Committee is now working on a report to the House which will invite its approval to a revised version of the Guide. I hope that it will be possible for the House to consider and, if it thinks fit, approve the Committee's proposals in the autumn of this year. If so, this will complete the process of review of the Code and the Guide in the current Parliament, enabling the revised texts then to stand for a reasonable period before they are once again reviewed in the next Parliament.

The Electoral Administration Act 2006

1.6 An additional dimension has been added to the current review by the provisions of the Electoral Administration Act 2006. In my last report I referred to the initiative taken by the Chairman of the Committee on Standards and Privileges which had resulted in the addition to the Electoral Administration Bill of a provision (which subsequently became section 59 of the 2006 Act) paving the way for ending the current requirement that Members report donations, gifts and benefits they receive in their capacity as a Member both to the House and to the Electoral Commission.[5] The aim was to end this dual reporting requirement - with its overlapping but, in certain respects, slightly different demands for information about essentially the same set of circumstances - in the interests not only of easing the burden of regulation but of ensuring more effective compliance.

1.7 During the past year, the Registrar continued her conversations with the Electoral Commission about what amendments would be needed to the House's registration regime if the House were to decide that it wished to align its Rules with the Commission's requirements in order to create a 'one stop shop' registration arrangement for Members. The discussions revealed a complex picture of slightly different requirements and were further complicated by the new requirement, embodied in the 2006 Act, to register certain loans received for political purposes. The outcome of the discussions will be reported to the House alongside the results of the consultation on the review of the Guide to the Rules.

1.8 It will then be for the House to decide whether or not it wishes further to amend the Rules in order to create the 'one stop shop'. The decision will not, in itself, extend the scope of the information Members are required to make public, being essentially about how information is made available rather than what information is to be provided. Nonetheless it is clear that implementation of a one-stop arrangement will require significant changes in the detail of some aspects of the House's regime, as well as imposing a significant additional burden on my office in terms of helping Members handle the transition to the new regime.

More Frequent Publication of the Register of Members' Interests

1.9 In the autumn of 2006, following discussion with the Committee on Standards and Privileges, my office began a pilot scheme of publishing the web edition of the Register of Members' Interests twice a month while the House is sitting. This has the obvious advantage of enabling Members and the public to be made aware much more rapidly than hitherto of changes in particular Register entries.

1.10 The pilot proved successful and, in the spring of 2007, the Committee agreed that we should continue the practice on a permanent footing. I am grateful to the Registrar and the Executive Assistant for their efforts to make this possible.

All Party Groups

1.11 In my last annual report I mentioned the memorandum I had submitted to the Committee on Standards and Privileges following a complaint by the Editor of the Times which had raised a number of wider questions about the framework of regulation of All-Party Groups laid down by the House.[6] I made several recommendations in that memorandum designed to strengthen the Rules regulating Groups, which had originally been adopted by the House in 1985, in the interests of achieving greater transparency and accountability, particularly in relation to those providing support to such groups.

1.12 In its Ninth Report of Session 2005-06,[7] published in May 2006, the Committee indicated its wish to consult about these recommendations before deciding how to proceed. A process of consultation began, which showed broad support for the proposals. The Committee is now reflecting on the results of the consultation and is expected to put forward proposals for revision of the Rules on All-Party Groups for consideration by the House in the autumn of 2007.

The Use of Allowances and Facilities by Members

1.13 While a good deal of the time of the Committee on Standards and Privileges and myself is inevitably taken up with the handling of individual cases, we have also seen ourselves as having a wider duty to assist the House in strengthening its systems and processes to ensure compliance with high standards and to avoid the damage to its reputation which failure to comply can cause. This is consistent with the responsibilities laid on us by the House under Standing Orders Nos. 149(1) and 150(2) respectively,[8] and with the proactive emphasis on preventing problems wherever possible which we have together adopted. We have therefore both identified scope for improvements when reporting on individual cases and used wider opportunities for change as occasions on which to feed in appropriate suggestions for consideration by other responsible bodies inside and outside the House.

1.14 In the autumn of last year, the Chairman of the Committee and I received an invitation to make a submission to the triennial review of Parliamentary pay, pensions and allowances being conducted by the Senior Salaries Review Body (SSRB). Our evidence was published as the Committee's First Report of Session 2006-07.[9] In it we sought to emphasise both the right of Members to be reimbursed reasonable expenses necessarily incurred in performing the duties of their office and the need for reassurance to the public that the allowance regime is fair and reasonable, and effectively policed.

1.15 As I write this the report of the SSRB's review has still to be published. I hope that, when it is published, it will afford an opportunity for a more soundly based public discussion of these matters than is sometimes evidenced. Public comment often overlooks the differences in the nature of the various allowances, and frequently presents them as additional to a Member's salary, part of the 'perks' of the job rather than reimbursement of, for example, the costs of employing staff, running an office, etc which are a necessary part of a Member providing the service their constituents expect. Equally, some Members can on occasion appear overly defensive about these matters, resistant to the application to themselves of disciplines (in terms of accounting for the expenditure of public money) which are accepted as a matter of course in other walks of life.

1.16 I am sure that the answer lies in both paying Members fairly and properly in comparison with others for the work they do and applying to them reasonable disciplines similar to those which apply elsewhere. I hope that the debate which follows the publication of the SSRB's report will result in further steps to treat Members equitably in both these respects.

1.17 On 28 March this year the House approved the introduction from 1 April of a new Communications Allowance (CA) for Members. The purpose of the new Allowance is to enable Members to communicate proactively with their constituents. It incorporates some of the features, relating for example to the production of newsletters or Parliamentary reports by Members, which were previously part of Members' Incidental Expenses Provision (IEP).

1.18 I was glad to be able to assist the Chairman of the Committee on Standards and Privileges in contributing some of the benefits of the Committee's experience in dealing with complaints about newsletters and about alleged misuse of House stationery to the discussions preceding the development of the new allowance. The extensive guidance promulgated to Members by the Members Estimate Committee following the introduction of the allowance is to be welcomed, as is the fact that, for the first time, this brought together in one place revised guidance on the use of House stationery and guidance on the new allowance. One consequence of the introduction of the allowance has been the introduction of a financial cap on the amount of House stationery and pre-paid envelopes made available to each Member at no cost to them, which will in practice impact only on a small number of Members hitherto making very free use of this facility. The facility is now not only capped in volume terms but the restriction of its scope to reactive communication with constituents has been reaffirmed (proactive communication being covered by the new allowance).

1.19 Finally, the use by Members of the facilities of the House for the purposes of party fund-raising was the subject of two reports published by the Committee in March 2007.[10] I describe these more fully in section 3 of this report. In the second of these reports, the Committee recommended a tightening of the Banqueting Regulations, the rules governing the use of the House's private dining facilities, with a view to ensuring that their use as an indirect as well as a direct means of fund-raising was prohibited. This recommendation is currently under consideration as part of a wider review of the Banqueting Regulations.


3   The current text of the Guide is contained in "The Code of Conduct, together with the Guide to the Rules relating to the Conduct of Members" 2005, (HC 351, Session 2005-06) Back

4   Sixteenth Report of Session 2005-06, HC 1580 Back

5   See paragraphs 1.9-1.13 of my report for 2005-06, HC 1480 Back

6   Annual Report for 2005-06, HC 1480, paragraphs 4.20-4.22 Back

7   HC 1145 Back

8   The text of these Standing Orders is reproduced at Appendix 1 Back

9   HC 330 Back

10   See the Committee's Second and Third Reports of Session 2006-07, HC 429 and 431 Back


 
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Prepared 25 October 2007