PARAMETERS TO THE OPERATION OF THE
BAN ON LOBBYING FOR REWARD OR CONSIDERATION
97. 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 financial 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[35]
(except for the provision below relating to ballot bills, to overseas
visits, and to membership of other elected bodies). Non-financial
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 and to indirect benefits. It is difficult
to contemplate circumstances where any benefit received some time
in the past, particularly an interest which has not been current
in the past twelve months 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[36],
although it may be declarable.
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 46, 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.
98. 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
Registrar, 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, in which case 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 a 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. 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
99. 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".[37]
The Speaker has declined to receive points of order relating to
registration or lobbying.[38]
Delegations
