3. Letter to Ms Alison Seabeck MP
from the Commissioner, 30 November 2010
I would welcome your help on a complaint which I
have received from Mr Guy Opperman MP suggesting that you failed
to declare a relevant interest during a debate in the House of
Commons on 19 November this year.
I enclose a copy of the complainant's letter of 26
November.[103]
I enclose an extract from the debate on the Fire Safety (Protection
of Tenants) Bill of 19 November which identifies your contributions
in the debate;[104]
and an extract from the Register of Members' Financial Interests
by Rt Hon Nick Raynsford MP in respect of his position with the
Fire Protection Association Council.[105]
I enclose also a copy of an article in the Sunday Times
of 28 November referring to this complaint and quoting your response.[106]
In essence, the complaint is that you failed to declare
an indirect interest in the Fire Protection Association Council
when you took part in the debate on the Fire Safety (Protection
of Tenants) Bill on 19 November.
Section 6 of the Code of Conduct for Members of Parliament
refers to the registration and declaration of interests in the
following terms:
"Members shall fulfil conscientiously the
requirements of the House in respect of the registration of interests
in the Register of Members' Interests and shall always draw attention
to any relevant interest in any proceeding of the House or its
Committees, or in any communication acting in accordance with
Standing Orders Nos 149 and 150 respectively."
The Guide to the Rules relating to the conduct of
Members sets out the rules in relation to the declaration of Members'
Interests in section 2 of that guide in paragraphs 72 to 88. Among
other things, paragraph 73 provides:
"Members are also required to declare relevant
indirect interests, for instance those of a spouse or partner,
and also non-registrable interests of a financial nature where
these are affected by the proceedings in question (as, for instance
the possession of a second home when the council tax treatment
of these is under discussion)."
Paragraph 74 to 77 sets out the rules on relevance
including paragraph 74 as follows:
"It is the responsibility of the Member,
having regard to the rules of the House, to judge whether a financial
interest is sufficiently relevant to a particular debate, proceeding,
meeting or other activity to require a declaration. The basic
test of relevance should be the same for declaration as it is
for registration of an interest; namely, that a financial interest
should be declared if it might reasonably be thought by others
to influence the speech, representation or communication in question.
A declaration should be brief but should make specific reference
to the nature of the Member's interest."
Paragraph 76 provides:
"The House has endorsed the following advice
on the occasions when such a declaration of interest should be
made: "no difficulty should arise in any proceeding of the
House or its Committees in which the Member has an opportunity
to speak. Such proceedings, in addition to debates in the House,
include debates in Standing Committees, the presentation of a
Public Petition, and meetings of Select Committees at which evidence
is heard. On all such occasions the Member will declare his interest
at the beginning of his remarks ... it will be a matter of judgement,
if his interest is already recorded in the Register, whether he
simply draws attention to this or makes a rather fuller disclosure".25
Any declaration "should be sufficiently informative to enable
a listener to understand the nature of the Member's financial
interest ...",26 and Members are advised to be specific if
there is any doubt as to which interest is involved."
Paragraph 77 provides:
"In a debate in the House the Member should
declare an interest briefly, usually at the beginning of his or
her speech. If the House is dealing with the Committee or Consideration
stages of a Bill it will normally be sufficient for the Member
to declare a relevant interest when speaking for the first time.
In Public Bill Committees, Members should declare relevant interests
at the first meeting of the Committee or on the first occasion
on which they address the Committee. It will not be necessary
for a declaration to be repeated at subsequent meetings except
when the Member speaks on an Amendment to 25 Select Committee
on Members' Interests (Declaration), First Report, Session 1974-75,
HC 102, paragraph 43; approved by the House, 12th June 1975. 26
Select Committee on Members' Interests, First Report, Session
1991-92, op.cit., paragraph 80. Guide to the Rules relating to
the conduct of Members 30 which the interest is particularly relevant.
When giving notice of an Amendment or a Motion (including a Motion
for leave to introduce a 'Ten
Minute Rule' Bill), giving notice of the presentation of a
Bill or adding a name to an amendment or motion, Members should
declare any relevant interest in the appropriate manner (see paragraphs
78-81)."
I would welcome your comments on this matter in the
light of this summary of the relevant rules. In particular, it
would be helpful if you could explain:
1. whether you considered at the time or subsequently
whether you should have declared an interest;
2. whether you accept that you have an indirect
interest in the Fire Protection Association by virtue of Mr Raynsford's
role as Chair of the Association's Council;
3. whether you have at any time sought advice
from my office about the registration or declaration of indirect
interests.
Any other points you may wish to make to help me
in resolving this matter would, of course, be very welcome.
I enclose a note which sets out the procedure I follow.
I have written to the complainant to let him know that I have
accepted his complaint and I am writing to you about it. I would
be grateful if you could let me have a response to this letter
within the next three weeks. If you would like a word about any
of this, please contact me at the House.
I would be most grateful for your help on this matter.
30 November 2010
103 WE 1 Back
104
WE 2 Back
105
WE 4 Back
106
WE 5 Back
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