The
Categories of Registrable Interest
1. Registration of Members' Financial Interests
Rules of the House
"Every Member of the House of Commons shall furnish to a Registrar of Members' Interests such particulars of his registrable interests as shall be required, and shall notify to the Registrar any alterations which may occur therein, and the Registrar shall cause these particulars to be entered in a Register of Members' Interests which shall be available for inspection by the public."
(Resolution of the House of 22nd May 1974)
"For the purposes of the Resolution of the House of 22nd May 1974 in relation of disclosure of interests in any proceeding of the House or its Committees, any interest declared in a copy of the Register of Members' Interests shall be regarded as sufficient disclosure for the purpose of taking part in any division of the House or in any of its Committees."
(Part of the Resolution of the House of 12th June 1975)
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10. Under the Resolution agreed by the House on 22nd May 1974,
and under the Code of Conduct, Members are required to register
their financial interests in a Register of Members' Financial
Interests. The duty of compiling the Register rests with the Commissioner,
whose functions are set out in Standing Order No. 150. The Commissioner
is assisted by the Registrar.
Definition of the Register's purpose
11. The main purpose of the Register of Members' Financial Interests
is "to provide information of any financial interest or other
material benefit which a Member receives which might reasonably
be thought by others to influence his or her actions, speeches
or votes in Parliament, or actions taken in his or her capacity
as a Member of Parliament."[10]
The registration form specifies twelve Categories of registrable
interests which are described below. Apart from the specific rules,
there is a more general obligation upon Members to keep the overall
definition of the Register's purpose in mind when registering
their interests.
12. The purpose of registration is openness. Registration
of an interest does not imply any wrongdoing.
Duties of Members in respect
of registration
13. Members of Parliament are required to complete
a registration form and submit it to the Commissioner within one
month of their election to the House (whether at a general election
or a by-election). After the initial publication of the Register
(or, in the case of Members returned at by-elections, after their
initial registration) it is the responsibility of Members to notify
changes in their registrable interests within four weeks of each
change occurring.
14. Any Member who has a registrable interest
which has not at the time been registered, shall not undertake
any action, speech or proceeding of the House (except voting)
to which the registration would be relevant until he or she has
notified the Commissioner of that interest.
15. Members are responsible for making a full disclosure
of their interests, and if they have relevant interests which
do not fall clearly into one or other of the specified categories,
they are nonetheless expected to register them, normally under
Category 11.
16. Interests the value of which does not exceed
1 per cent of the current parliamentary salary do not generally
have to be registered; higher thresholds apply to certain categories.
All single benefits of whatever kind which exceed the applicable
threshold should be registered in the appropriate Category. All
benefits received from the same source in the course of a calendar
year, which cumulatively amount to more than 1 per cent of the
current parliamentary salary (or to more than £1000, in increments
of more than £200 in a calendar year, in the case of Category
4), should also be registered. In addition, if a Member considers
that any benefit he or she has received falls within the definition
of the main purpose of the Register set out in paragraph 11, even
though it does not exceed the 1 per cent threshold, the Member
should register it under Category 11 (Miscellaneous).
17. PPERA makes provision as to the permissibility
of donations for amounts over £200. By making an entry
in the Register the Member confirms that to the best of his or
her belief the donation is from a permissible source. The threshold
for reporting under PPERA is £1000, whether as a single donation
or as an accumulation of donations of £200 or more from the
same source within the same calendar year. When accepting benefits
worth more than £200 but below the registration threshold
of £1000, Members should bear in mind the need to ensure
they are from permissible donors and keep records as they may
be reportable when combined with other donations from the same
source in a calendar year. Donations over £200 that are from
an unidentifiable or impermissible source should be returned and
reported to the Commission within 30 days.
Publication and public inspection
18. The Register is published under the authority
of the Committee on Standards and Privileges in printed form soon
after the beginning of a new Parliament, and approximately annually
thereafter. Between printings the Register is regularly updated
electronically. The current version and a number of previous
editions are available for public inspection in the Parliamentary
Archives. The current Register, with previous editions, is
also available on the Internet. At the discretion of the Commissioner
copies of individual entries in the Register may be supplied on
request.
[Note: Each of the boxes in this section contains
a description of one of the Categories of interest which the House
has agreed should be registered and which appear in the registration
form]
Part 1
19. In this Category, and in others, "remuneration"
includes not only salaries and fees, but also the receipt of any
taxable expenses, allowances, or benefits, such as the provision
of a company car. Remuneration which in the course of a calendar
year does not exceed 1 per cent of the current parliamentary salary
may be disregarded. Members must register the name of the company
in which the directorship is held and give a broad indication
of the company's business, where that is not self-evident from
its name. In addition to any remunerated directorships, a Member
is also required to register any directorships he or she holds
which are themselves unremunerated but where the companies in
question are associated with, or subsidiaries of, a company in
which he or she holds a remunerated directorship. Otherwise, Members
are not required to register unremunerated directorships but may
do so under Category 11 if they consider the relevant test is
met.
20. Companies which have not begun to trade or which
have ceased trading need not be registered, either under this
Category or under Category 9 (Shareholdings). "Not trading"
should, however, be interpreted in a strict sense; if a company
is engaged in any transaction additional to those required by
law to keep it in being, then a remunerated directorship in that
company should be registered. If a Member wishes to register a
directorship in a company which is not trading the Member should
make the position clear by adding the words "not trading"
after the name of the company.
21. A Member who holds a registrable directorship,
including a non-executive directorship, and who provides in respect
of that directorship services in the capacity of a Member of Parliament,
is required to deposit with the Office of the Parliamentary Commissioner
for Standards, for public inspection if required, such an agreement
for the provision of services as is described in paragraphs 65
to 70 below.
22. Additionally, Members providing services in the
capacity of a Member of Parliament should register their annual
remuneration in bands of £5000 (eg up to £5000, £5001-£10,000).
23. All employment outside the House and any sources of remuneration
which do not fall clearly within any other Category should be
registered here if the value of the remuneration exceeds
1 per cent of the current parliamentary salary. When registering
employment, Members should not simply state the employer company
and the nature of its business, but should also indicate the nature
of the post which they hold in the company or the services for
which the company remunerates them. Members who have paid posts
as consultants or advisers should indicate the nature of the consultancy,
for example "management consultant", "legal adviser",
"information technology consultant", "parliamentary
and public affairs consultant". The occasional provision
of services in the capacity of a Member of Parliament should also
be registered here, with the appropriate remuneration band.
24. As with Category 1, a Member who is regularly
providing services in the capacity of a Member of Parliament should
obtain an agreement for the provision of services and register
earnings in bands of £5000. In the case of media work there
is no requirement to obtain an agreement, but the earnings band
must be registered. For further guidance on media work see paragraph
70.
25. Members who have previously practised a profession
of which they remain a member may wish to register that profession
with a bracketed remark such as "[non practising]" after
the entry. This is particularly desirable in cases of sleeping
partnerships and where it is likely that the Member will resume
the profession at a later stage. Such interests should be registered
under Category 11 rather than this category.
26. The types of services which are intended to be covered here
include those connected with any parliamentary proceeding, or
other services relating to membership. A Member who has clients
in a non-parliamentary professional capacity (for example as a
doctor, IT consultant or accountant) is not required to register
those clients, provided it is clear beyond doubt that the services
which are being provided do not arise out of or relate in any
manner to membership of the House.
27. If a Member is employed as a parliamentary adviser
by a firm which is itself a consultancy, he or he should register
under this category any clients of that firm to which he or she
has personally provided the kind of services described in paragraph
24 above. In addition the Member should register any clients of
the consultancy which he or she knows have benefited from such
advice. Where a company is named as a client, the nature of the
company's business should be indicated. The consultancy itself
should be registered under Category 2.
28. This category deals with sponsorship or other forms of support
by companies, trade unions, professional bodies, trade associations
and individuals. Donations to Members relating to their political
activities (which under PPERA are to be interpreted widely)
are generally registrable under this category unless:
a) it would be more appropriate to register them under another
Category, such as Category 5 (Gifts, benefits and hospitality
(UK)) or Category 6 (Overseas visits), or
b) they are exempt from registration.
29. Category 4(a) deals with financial contributions
to constituency parties or associations, or (where the
party is organised otherwise than on a constituency basis) the
relevant grouping of associations. Such reporting to the
Register of Members' Interests is additional to the statutory
reporting requirements of local political party accounting units
to the Electoral Commission under PPERA. For the purposes of the
Register of Members' Interests, support should be regarded as
"linked" directly to a Member's candidacy or membership
of the House if it is expressly tied to the Member by name, e.g.
if it is a contribution to the Member's fighting fund or a donation
which has been invited or encouraged by the Member or candidate.
Financial contributions to constituency associations, parties
or area associations, etc, which are not linked to a Member's
candidacy or membership of the House, that is where the donation
would have been forthcoming irrespective of the identity of the
candidate or Member, and the candidate or Member played no personal
part in securing it, do not have to be registered on the Register
of Members' Interests.
30. Members who did not sit in the previous parliament
should register all donations linked to their candidacy received
in the twelve month period before the date on which they submit
their returns to the Registrar.[12]
31. It is not possible to give an exhaustive list
of what might be considered 'linked' to an individual, and, as
always, Members who are in any doubt should consult the Registrar.[13]
They are also reminded that the requirement to register covers
only donations of which they are aware or might reasonably be
expected to be aware. Registration by the Member is additional
to any registration required of the local organisation.
32. Category 4(b) covers any other financial
or material benefit in support of a Member's role as a Member
of Parliament. (Any contribution for the personal benefit
of a Member should be entered under Category 5 (Gifts, benefits
and hospitality (UK)).) Such support is registrable whether it
is provided directly to the Member or is a donation made to a
Member's central party organisation accompanied with a wish that
it be allocated to the support of a particular Member or front-bench
office. (In such circumstances the party's reporting obligations
to the Electoral Commission under PPERA remain). The types of
support which should be registered under this Category include:
the services of a research assistant or secretary whose salary,
in whole or in part, is met by an outside organisation or individual;
the provision of free or subsidised accommodation for the Member's
use, other than accommodation provided by a local authority to
a Member for the sole purpose of holding constituency surgeries
or accommodation provided solely by the constituency party; and
financial contributions towards such services or accommodation.
33. Members standing for election to non-parliamentary
office (for instance election to a devolved institution, elected
mayoralty or party office) should register donations received
to support such candidacy.
34. Where Members receive sponsorship of registrable
value from political clubs or other associations, they should
register this fact together with the names of individual donors
who have contributed more than £1000 to the club in a calendar
year. Similarly, if a fund-raising event raises more than £1000,
a Member benefiting should register the event and any qualifying
donations from individuals or bodies; where the funds raised are
available for more than one elected representative (for instance,
more than one Member or a Member and a Member of the Scottish
Parliament), each recipient Member should register the benefit
as if he or she were the sole beneficiary.
35. After determining that the donation is from a
permissible source,[14]
when making an entry under this Category, Members must provide:
Name of donor
Address of donor (the address of individuals will
not be published)
Amount of donation or nature and value if donation
in kind
Date of receipt of donation
Date of acceptance of donation
Donor status
Individual
Building society
Friendly society
Limited liability partnership
Registered party (other than own party)
Trade union
Unincorporated association
Company- with registration number
Relevant statutory provision where the donation is
received from public funds
In the case of a donation from a trust
Name and address of person who created
the trust
Name (and, if the trust was created after 27 July
1999) address of all others by whom property has been transferred
to the trust, including company registration number if applicable
If the trust was created before 27 July 1999, the
date the trust was created.
In the case of a bequest
The full name of the person who made the bequest
The address of that person at the time of death,
or, if that person was not registered in an electoral register
at the time of death, the last address at which that person was
registered during the previous five years
36. The specified financial value above which tangible gifts (such
as money, jewellery, glassware etc.), or other benefits (such
as hospitality, tickets to sporting and cultural events, relief
from indebtedness, loan concessions, provision of services etc.)
must be registered is 1 per cent of a Member's annual parliamentary
salary.[15]
37. The rule means that Members must register any
gift, or other benefit, which in any way relates to membership
of the House and which is given free, or at a cost below
that generally available to members of the public whenever the
value of the gift or benefit is greater than the amount specified
above. Members must also register any similar
gift or benefit which is received by any company or organisation
in which the Member, or the Member and the Member's spouse or
partner jointly, have a controlling interest.
38. Members must register gifts and other
benefits from the same source in the course of a calendar year
which cumulatively are of a value greater than 1 per cent of the
current parliamentary salary, even if each single gift or benefit
is of lesser value.
39. Members must register benefits, such as tickets
to sporting or cultural events, received by another person together
with or on behalf of themselves as if they had received them in
person.
40. Members must register gifts, or other
benefits, from another Member of Parliament in the same way as
those from anyone else.
41. Although hospitality from public bodies (Her
Majesty's Government, any of the devolved institutions in Scotland,
Wales or Northern Ireland or non-departmental bodies including
Members' local or health authorities), if valued at over £200,
is considered impermissible under PPERA, the Electoral Commission
recognises that such hospitality from these sources is in many
cases part of Members' duties and therefore forms part of their
remuneration and allowances, which do not need to be reported
under PPERA. Under the rules of the House they are not registrable,
but in any case of doubt the Electoral Commission should be consulted
as to permissibility before acceptance.
42. Gifts and material benefits in this Category
(and other Categories) are exempt from registration if they do
not relate in any way to membership of the House or to a Member's
political activity. The extent to which this exemption applies
in any particular case is necessarily a matter of judgement. Both
the possible motive of the giver and the use to which the gift
is put have to be considered: if it is clear on both counts that
the gift or benefit is entirely unrelated to membership of the
House or to a Member's political activity, or would not reasonably
be thought by others to be so related, it need not be registered.
If there is any doubt it should be registered.
43. Where a personal benefit to the Member is not
specifically received in the capacity of a Member of Parliament
but is nonetheless related to his or her political activity, as,
for instance, in the case of a fund set up to assist in a legal
action arising out of such activity, any individual donations
to the fund which are of registrable value should be registered
under this category.
44. In respect of benefits under this Category the
information required to be provided is as for Category 4.
45. When making an entry under this Category the Member must register:
Name of donor
Address of donor (the address of individuals will
not be published)
Amount of donation (if there is no commercial equivalent,
and the Member believes the value to have exceeded £1000,
the Member should provide a statement that he or she has been
unable to ascertain the value of the donation but believes it
to have been more than £1000)
Destination of visit
Date of visit
Purpose of visit
Where only part of the cost was borne by an outside
source (for example the cost of accommodation but not the cost
of travel), those details should be stated briefly. When an overseas
visit was arranged by a registered All-Party or parliamentary
group or by a party backbench group, it is not sufficient to name
the group as the sponsor of the visit: the Government, organisation,
company or person ultimately meeting the cost should be specified.
46. The following categories of visit, which are
mainly paid for from United Kingdom public funds or which involve
reciprocity of payment with other Governments or Parliaments,
together with any hospitality associated with such a visit, are
exempt from registration:
i) Visits which are paid for by, or which are
undertaken on behalf of, Her Majesty's Government or which are
made on behalf of an international organisation to which the United
Kingdom Government belongs (Note: Visits paid for by the
British Council are registrable under PPERA, and the previous
exemption therefore no longer applies);
ii) Visits abroad with, or on behalf of, a Select
Committee of the House, or undertaken under a Resolution of the
House;
iii) Visits undertaken on behalf of, or under
the auspices of, the Commonwealth Parliamentary Association, the
Inter-Parliamentary Union, the British American Parliamentary
Group, the British-Irish Parliamentary Assembly, the Council of
Europe, the Western European Union, the Westminster Foundation
for Democracy, the NATO Parliamentary Assembly, the OSCE Parliamentary
Assembly (the Armed Forces Parliamentary Scheme, the Police Service
Parliamentary Scheme and the National Council for Voluntary Organisations'
MP Secondment Scheme and the Industry and Parliament Trust are
no longer exempt from registration);
iv) Visits arranged and paid for wholly by a
Member's own political party;
v) Visits paid for wholly by an institution of
the European Union or by a political group of the European Parliament.
47. Similar categories of visit may be added to this
list from time to time by the Committee on Standards and Privileges.
Visits which are entirely unconnected with membership of the House,
or with a Member's political activities, are exempt from registration.
48. The financial limits and guidelines which apply to Category
5 also apply here. Members should enter a cross-reference under
this Category where an interest already entered in Categories
1, 2 or 3 entails the receipt of payments from abroad. There are
legal restrictions on Members' accepting benefits from abroad
in connection with their political activities, about which they
may wish to take advice from the Electoral Commission.
49. Property used for the personal residential purposes
of the Member or the Member's spouse or partner and dependent
children (that is, their main and any other homes) does not need
to be registered under Category 8(a). It may need to be registered
under Category 8(b), but only if the Member derives an income
from it and derives a substantial income from his or her total
property portfolio (see paragraph 51). A property, such as a farm,
on which the Member has a residence should be registered if it
has a substantial value aside from the residential use.
50. "Substantial value" means a value greater
than the current parliamentary salary. If a Member's total property
portfolio (excluding main and other homes) has a substantial value,
it should be registered.
51. "Substantial income" means an income
greater than 10 per cent of the current parliamentary salary.
If the income from a Member's total property portfolio (including
main and any other homes ) is substantial, all the properties
from which any income is derived should be registered.
52. Entries should be reasonably specific as to the
nature of the property and its general location, for example:—
"Woodland in Perthshire"
"Dairy farm in Wiltshire"
"3 residential/commercial rented properties
in Manchester".
53. When determining whether shareholdings are registrable under
the criteria set out above, Members should include not only holdings
in which they themselves have a beneficial interest but also those
in which the interest is held with, or on behalf of, their spouse
or partner or dependent children.
54. For each registrable shareholding, the entry
should state the name of the company or body, briefly indicate
the nature of its business, and make clear which of the criteria
for registration is applicable.
55. The value of a shareholding is determined by
the market price of the share on the preceding 5th April; but
if the market price cannot be ascertained (e.g. because the company
is unquoted and there is no market in the shares), the Member
should decide whether to register it on the basis of its estimated
value. Interests in shareholdings include share options.
56. It is sometimes appropriate to register shareholdings
falling outside Categories 9a and 9b. In considering whether
to do so, Members should have regard to the definition of the
main purpose of the Register: "to provide information of
any financial interest or other material benefit which a Member
receives which might reasonably be thought by others to influence
his or her actions, speeches or votes in Parliament, or actions
taken in his or her capacity as a Member of Parliament".
If a Member considers that any shareholding which he or she holds
falls within this definition, the Member should register the shareholding
under Category 11.
57. Holdings in a collective investment vehicle
(including unit trusts, investment companies with variable capital
(ICVCs) and investment trusts) are not generally registrable.
Members are, however, advised to have regard to the general principle
of the Register and to consider registration in appropriate cases,
such as sector-specific vehicles. Members who are beneficiaries
of trusts should treat them in the same way.
58. Pensions are not in themselves registrable, but
identifiable holdings in a self-invested personal pension fund,
if of registrable value, are registrable either under Category
8 or Category 9 as appropriate.
59. Since 2006 loans and credit arrangements—'regulated
transactions'—have been controlled under PPERA and were
previously reportable to the Electoral Commission (further detailed
guidance on the treatment of loans is available from the Commission).
When a Member is offered a loan or credit arrangement over £200
in value relating to political activities they should confirm
whether it is from a permissible source (see paragraph 3 and if
in any doubt consult the Electoral Commission for further information),
before deciding whether to enter into it. If it is over £1000
in value, a Member has 30 days in which to report this to the
Register of Members' Financial Interests (for permissible loans).
Loans over £200 in value that are from an impermissible source
must not be entered into under PPERA and Members must report them
to the Electoral Commission within 30 days of the decision that
they are impermissible.
60. If any part of the value of a loan is used in
connection with the Member's political activities, it is a regulated
loan. This includes loans taken out for any other purpose, any
part of whose value is used in connection with the Member's political
activities as long as it was the Member's intention in taking
out the loan that it would be used for those activities.
61. Another type of regulated transaction that a
Member is required to report to the Registrar of Members' Financial
Interests under PPERA is a 'connected transaction'. This is defined
as the provision of security on behalf of a Member where any part
of the money or benefit from the original transaction is used
in connection with the Member's political activities, for example:
- a supporter provides a personal
guarantee to a bank to repay the mortgage on a Member's office
if the Member is unable to do so;
- a supporter gives a supplier a charge against
their own property if a Member fails to meet their trade credit
agreement.
62. The main purpose of this Category is to enable Members to
enter in the Register any interests which they consider to be
relevant to the Register's purpose, but which do not obviously
fall within any of the other categories. As the Select Committee
on Members' Interests pointed out in its First Report of Session
1991-92: "it is a cardinal principle that Members are responsible
for making a full disclosure of their own interests in the Register;
and if they have relevant interests which do not fall clearly
into one or other of the specified Categories, they will nonetheless
be expected to register them".[16]
63. The general principle of the Register is that
the requirement to register is limited to interests entailing
remuneration or other material benefit.[17]
Members are not, therefore, required by the rules to register
unremunerated directorships (e.g. directorships of charitable
trusts, professional bodies, learned societies or sporting or
artistic organisations) and the Category should not be used to
itemise these or other unremunerated interests. However, when
a Member considers that an unremunerated interest which the Member
holds might be thought by others to influence his or her actions
in a similar manner to a remunerated interest, such an interest
may be registered here. Such interests may include, but are not
limited to, shareholdings (as described in paragraph 56 above),
unremunerated parliamentary consultancies, or non-practising membership
of professions. Interests such as a fund to defray legal expenses
relating to activities as a Member or political activities should
also be registered here if no benefit has yet been received.
Part 2
64. Members are required to register the name, relationship to
them, and job title of any family members (by blood or by marriage
or a relationship equivalent to marriage) employed by them and
remunerated through parliamentary allowances (for casual employment,
this is subject to a threshold of 1% of a Member's annual parliamentary
salary).
Note on permissible donations
and loans
After receiving a donation or loan over £200
in value a Member has 30 days to check and confirm it is from
a permissible source before either accepting it or returning it.
The Member then has a further 30 days to report permissible donations
or loans over £1000 to the Registrar or to report impermissible
or unidentifiable donations and loans (over £200) to the
Commission.
Under Chapter 2 of Part IV of PPERA a permissible
source is:
- an individual registered in
a UK electoral register (including bequests)
- a UK-registered company which is incorporated
within the European Union (EU) and carries on business in the
UK
- a GB-registered political party
- a UK-registered trade union
- a UK-registered building society
- a UK-registered limited liability partnership
that carries on business in the UK
- a UK-registered friendly society
- a UK-based unincorporated association that carries
on business or other activities in the UK
Funding for overseas visits can come from any source
as long as the amount given does not exceed the cost of the trip.
Agreements
for the provision of services
"Any Member proposing to enter into an agreement which involves the provision of services in his capacity as a Member of Parliament shall conclude such an agreement only if it conforms to the Resolution of the House of 6th November 1995 relating to Conduct of Members; and a full copy of any such agreement including the fees or benefits payable in bands of: up to £5,000, £5,001-£10,000, and thereafter in bands of £5,000, shall be deposited with the Parliamentary Commissioner for Standards at the same time as it is registered in the Register of Members' Interests and made available for inspection and reproduction by the public.
Any Member who has an existing agreement involving the provision of services in his capacity as a Member of Parliament which conforms to the Resolution of the House of 6th November 1995 relating to Conduct of Members, but which is not in written form, shall take steps to put the agreement in written form; and no later than 31st March 1996 a full copy of any such agreement including the fees or benefits payable in bands of: up to £5,000, £5,001-£10,000, and thereafter in bands of £5,000 shall be deposited with the Parliamentary Commissioner for Standards and registered in the Register of Members' Interests and made available for inspection and reproduction by the public.
Provided that the requirement to deposit a copy of an agreement with the Commissioner shall not apply —
(a) if the fees or benefits payable do not exceed 1 per cent of the current parliamentary salary; nor
(b) in the case of media work (but in that case the Member shall deposit a statement of the fees or benefits payable in the bands specified above)."
(Part of a Resolution of the House of 6th November 1995, amended on 14th May 2002)
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65. Under a Resolution of the House of 6th November 1995 the House
agreed that Members should deposit certain agreements for the
provision of services with the Parliamentary Commissioner for
Standards.
Members should:
- ensure that the agreement does not breach the ban on lobbying
for reward or consideration (see paragraphs 87-98 below);
- put any such agreement in written form;
- deposit a full copy of the agreement with the
Commissioner. The agreement should indicate the nature of the
services to be provided and specify the fees or benefits the Member
is to receive in bands of (1) up to £5,000; (2) £5,001
to £10,000 (and thereafter in bands of £5,000);
- make the appropriate entry in the Register; and
- declare the interest when it is appropriate to
do so (see paragraphs 71-86).
Deposited agreements may be inspected in the Parliamentary
Archives.
66. 'Services in the capacity of a Member of Parliament'
is usually taken to mean advice on any parliamentary matter or
services connected with any parliamentary proceeding or otherwise
related to the House. Essentially, when Members are considering
whether an agreement is necessary they should ask themselves 'Would
I be doing this job in this way if I were not a Member of Parliament',
and seek an agreement if the answer is 'No'.
67. The Select Committee on Standards in Public Life[18]
gave the following guidance in respect of the application of the
rule:
"The present rule is that all remunerated outside
employment must be included in the Register, irrespective of whether
it has any bearing on a Member's actions in Parliament. We have
no doubt that this discipline should continue to be observed.
If our recommendation that paid advocacy[19]
in Parliament should be prohibited altogether is adopted by the
House, it is essential that no future agreements should require
Members to take part in activities which can be described as advocacy.
The new requirement for employment agreements[20]
to be put in writing will apply principally to any arrangement
whereby a Member may offer advice about parliamentary matters.
We think it right, however, that it should also include frequent,
as opposed to merely occasional, commitments outside Parliament
which arise directly from membership of the House. For example,
a regular, paid newspaper column or television programme would
have to be the subject of a written agreement, but ad hoc current
affairs or news interviews or intermittent panel appearances would
not.[21]
It may not always be immediately obvious whether
a particular employment agreement arises directly from, or relates
directly to, membership of the House. At one end of the spectrum
are those Members whose outside employment pre-dates their original
election, whilst at the other extreme are those who have taken
up paid adviserships since entering the House. In between there
will be many cases which are difficult to classify. Some Members,
for example, may provide advice on Parliamentary matters incidentally
as part of a much wider employment agreement covering matters
wholly unrelated to the House. In these circumstances, it would
be for an individual Member to decide how far it would be proper
to isolate the Parliamentary services within a separate, depositable
agreement; in reaching that decision he may wish to consult the
Commissioner."
68. On the basis of this guidance the Committee on
Standards and Privileges has agreed that disclosing the remuneration
for parliamentary services separately from remuneration for other
services would be justified only in exceptional circumstances;
e.g. where the parliamentary services are separately identifiable
and form only a small proportion of the services as a whole. In
any such case the entry in the Register should make it clear that
the remuneration is for parliamentary services as part of a wider
agreement.
69. The scope of the Resolutions is not limited to
employment registered under Category 2 (Remunerated employment,
office, profession, etc.) but includes other forms of employment,
such as directorships (including non-executive directorships),
when these involve the provision of services by the Member in
his or her capacity as a Member of Parliament.
70. The following special provisions apply to media
work (journalism, broadcasting, speaking engagements, media appearances,
training, &c.):
a) The deposit of an agreement for the provision
of services is not required.
b) Unless the work is wholly unrelated to parliamentary
affairs, such as a sports column in a newspaper, Members
who register any form of media work under Category 2 (Remunerated
employment, office, profession, etc.) should declare the remuneration,
or value of the reward, they receive for each commitment, or group
of commitments for the same organisation or audience in the same
calendar year, in bands of (1) up to £5,000; (2) £5,001-£10,000
(and thereafter in bands of £5,000).
10 Select Committee on Members' Interests, First Report,
Session 1991-92, "Registration and Declaration of Financial
Interests", HC 236, paragraph 27. Back
11
Members who have resigned from Lloyd's should continue to register
their interest as long as syndicates in which they participated
continue to have years of account which are open or in run-off.
In such circumstances Members should register the date of resignation.
Members of Lloyd's are also required to disclose the categories
of insurance business which they are underwriting. Any member
of Lloyd's receiving financial assistance (including relief from
indebtedness or other loan concessions but excluding any general
settlement available to all Lloyd's members) from a company, organisation
or person within or outside the United Kingdom should register
that interest under Categories 5 or 7, as appropriate. Back
12
This ensures that their entries cover the same period as those
of returned Members. Back
13
Members might, in this context, ask themselves such questions
as 'Did I write to or meet the donor asking for a contribution?'.
'Was a letter sent out headed 'Campaign to [Re-] Elect [name],
'Was I the guest of honour at a dinner where donations were sought?'
and Have I a particular relationship to the donor which would
not be the case in respect of another candidate?' If the answer
to any of these is 'Yes', then the presumption should be in favour
of registration. Back
14
Sources of donations are controlled under PPERA. Information
about permissibility is included in a Note at the end of this
section. For further information and advice please contact the
Electoral Commission on 020 7271 0616. Back
15
About £630 as at April 2008. Back
16
Op.cit., paragraph 29. Back
17
Ibid, paragraph 31. Back
18
Select Committee on Standards in Public Life, Second Report, Session
1994-95, HC 816, paragraphs 39-42. Back
19
Referred to in the Guide as "lobbying for reward or consideration". Back
20
Referred to in the Guide as "agreements for the provision
of services". Back
21
But see also paragraph 70 below. Back
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