1. Registration of Members' Financial
Interests
RULES OF THE HOUSE
"Every Member of the House of Commons shall
furnish to a Registrar of Members' Financial 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 22 May 1974, amended
on 9 February 2009)
"For the purposes of the Resolution of the House
of 22 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' Financial 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 12 June
1975, amended on 9 February 2009)
10. Under the Resolution agreed by the House
on 22 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 pecuniary
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."[6]
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. Financial thresholds below which interests
are not registrable apply except in Categories 1, 2 and 3, and
the thresholds for the categories vary. All single benefits of
whatever kind which exceed the applicable threshold (if any) should
be registered in the appropriate Category. Category 4 requires
the registration of all benefits received from the same source
which amount to more than £1,500 in a calendar year, in increments
of more than £500. Categories 5, 6 and 7 require the registration
of 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.[7]
Category 8 requires the registration of property worth more than
100% of a Member's annual parliamentary salary[8]
or rental income worth 10% of that salary.[9]
Category 9 requires the registration of shareholdings worth more
than 100% of the annual parliamentary salary. Category 10 applies
the same threshold as Category 4. 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). The threshold
for Category 12 is again 1% of the annual parliamentary salary.
17. PPERA makes provision as to the permissibility
of donations for amounts over £500. 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 £1,500, whether as a single
donation or as an accumulation of donations of £500 or more
from the same source within the same calendar year. When accepting
benefits worth more than £500 but below the registration
threshold of £1,500, 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 £500 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.
THE CATEGORIES OF REGISTERABLE INTEREST
[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
Category 1
Directorships:
Remunerated directorships in public and private companies including
directorships which are individually unremunerated, but where
remuneration is paid through another company in the same group.
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. 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 66
to 71 below.
22. Members must register under this category
the precise amount of each individual payment made in relation
to any directorship, the nature of the work carried on in return
for that payment, the number of hours worked during the period
to which that payment relates and (except where disclosure of
the information would be contrary to any legal or established
professional duty of privacy or confidentiality) the name and
address of the person, organisation or company making that payment.
23. Members providing services in the capacity
of a Member of Parliament should also register their annual remuneration
in bands of £5,000 (eg up to £5,000, £5,001-£10,000).
Category 2
Remunerated employment, office, profession, etc:
Employment, office, trade, profession or vocation (apart from
membership of the House or ministerial office) which is remunerated
or in which the Member has any financial interest. Membership
of Lloyd's should be registered under this Category.[10]
24. All employment outside the House and any
sources of remuneration which do not fall clearly within any other
Category should be registered here. Members must register under
this category the precise amount of each individual payment made,
the nature of the work carried on in return for that payment,
the number of hours worked during the period to which that payment
relates and (except where disclosure of the information would
be contrary to any legal or established professional duty of privacy
or confidentiality) the name and address of the person, organisation
or company making that payment.
25. As with Category 1, a Member who is regularly
providing services in the capacity of a Member of Parliament should
obtain, and deposit with the Office of the Parliamentary Commissioner
for Standards for public inspection and reproduction if required,
an agreement for the provision of services, and should register
earnings in bands of £5,000. 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
71.
26. 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.
Category 3
Clients:
In respect of any paid employment registered in Category 1 (Directorships)
and Category 2 (Remunerated employment, office, profession, etc.),
any provision to clients of services should be registered under
this Category. All clients to which personal services are provided
should be listed together with the nature of the client's business
in each case. Where a Member receives remuneration from a company
or partnership engaged in consultancy business which itself has
clients, the Member should list any of those clients to whom personal
services or advice are provided, either directly or indirectly.
27. If a Member is employed as a parliamentary
adviser by a firm which is itself a consultancy, he or she should
register under this category any clients of that firm to which
he or she has personally provided services. 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. Members must register under this category
the precise amount of each individual payment made, the nature
of the work carried on in return for that payment, the number
of hours worked during the period to which that payment relates
and (except where disclosure of the information would be contrary
to any legal or established professional duty of privacy or confidentiality)
the name and address of the person, organisation or company making
that payment.
Category 4
Sponsorships:
(a) Any donation received by a Member's constituency
party or association, or relevant grouping of associations which
is linked either to candidacy at an election or to membership
of the House; and
(b) any other form of financial or material support
as a Member of Parliament,
amounting to more than £1,500 from a single
source, whether as a single donation or as multiple donations
of more than £500 during the course of a calendar year.
29. 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.
30. 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'
Financial 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' Financial
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, eg 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' Financial
Interests.
31. 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.[11]
32. 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.[12]
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.
33. 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.
34. 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.
35. 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 £1,500 to the club in a calendar
year. Similarly, if a fund- raising event raises more than £1,500,
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.
36. After determining that the donation is from
a permissible source,[13]
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
Companywith registration number
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.
Category 5
Gifts, benefits and hospitality (UK):
Any gift to the Member or the Member's spouse or partner, or any
material benefit, of a value greater than one per cent of the
current parliamentary salary from any company, organisation or
person within the UK which in any way relates to membership of
the House or to a Member's political activity.
37. 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 one per cent of a Member's
annual parliamentary salary.[14]
38. 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.
39. 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 one per cent of the current parliamentary
salary, even if each single gift or benefit is of lesser value.
40. 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.
41. Members must register gifts, or other benefits,
from another Member of Parliament in the same way as those from
anyone else.
42. 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 £500,
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.
43. 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.
44. 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.
45. In respect of benefits under this Category
the information required to be provided is as for Category 4.
Category 6
Overseas visits:
With certain specified exceptions, overseas visits made by the
Member or the Member's spouse or partner relating to or in any
way arising out of membership of the House where the cost of the
visit exceeds one per cent of the current parliamentary salary
and was not wholly borne by the Member or by United Kingdom public
funds.
46. 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 £1,500,
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 £1,500)
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.
47. 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. (Note: 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.
48. 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.
Category 7
Overseas benefits and gifts:
Any gift to the Member or to the Member's spouse or partner, or
any material advantage, of a value greater than one per cent of
the current parliamentary salary from or on behalf of any company,
organisation or person overseas which in any way relates to membership
of the House.
49. 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.
Category 8
Land or property:
Any land or property
(a) which has a substantial value. (unless used
for the personal residential purposes of the Member or the Member's
spouse or partner), or
(b) from which a substantial income is derived.
The nature of the property should be indicated.
50. 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.
51. "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.
52. "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.
53. 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".
Category 9
Shareholdings:
Interests in shareholdings held by the Member, either personally,
or with or on behalf of the Member's spouse or partner or dependent
children, in any public or private company or other body which
are:
(a) greater than 15 per cent of the issued share
capital of the company or body; or
(b) 15 per cent or less of the issued share capital,
but greater in value than the current parliamentary salary.
The nature of the company's business in each case
should be registered.
54. 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.
55. 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.
56. The value of a shareholding is determined
by the market price of the share on the preceding 5 April; but
if the market price cannot be ascertained (eg 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.
57. 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.
58. 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.
59. 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.
Category 10
Controlled transactions within the meaning of Schedule
7A PPERA, not otherwise recorded in the Register.
60. 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 £500
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 £1,500
in value, a Member has 30 days in which to report this to the
Register of Members' Financial Interests (for permissible loans).
Loans over £500 in value that are from an impermissible source
must not be entered into.
61. 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.
62. 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.
Category 11
Miscellaneous:
Any relevant interest, not falling within one of the above categories,
which nevertheless falls within the definition of the main purpose
of the Register which 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," or which
the Member considers might be thought by others to influence his
or her actions in a similar manner, even though the Member receives
no financial benefit.
63. 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".[15]
64. The general principle of the Register is
that the requirement to register is limited to interests entailing
remuneration or other material benefit.[16]
Members are not, therefore, required by the rules to register
unremunerated directorships (eg 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 57 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
Category 12
Family members employed and remunerated through parliamentary
allowances.
65. 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 over £500 in value
a Member has 30 days to check and confirm it is from a permissible
source before either accepting it or returning it. Before entering
into a loan a Member must check and confirm the lender is permissible.
The Member then has a further 30 days to report permissible donations
or loans over £1,500 to the Registrar or to report impermissible
or unidentifiable donations and loans (over £500) to the
Commission. Members must check the permissibility of a lender
before entering into a loan, credit facility or guarantee arrangement
for political activities.
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'
Financial 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' Financial 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
one 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 the Resolution of the House of 6 November
1995, amended on 14 May 2002 and on 9 February 2009)
66. Under a Resolution of the House of 6 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 89-101
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 72-88).
Deposited agreements may be inspected in the Parliamentary
Archives.
67. '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'.
68. The Select Committee on Standards in Public
Life[17] 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[18]
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[19]
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.[20]
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."
69. 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;
eg 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.
70. 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.
71. 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).
6 Select Committee on Members' Interests, First Report,
Session 1991-92, "Registration and Declaration of Financial
Interests", HC 236, paragraph 27. Back
7
About £660 at 1 April 2010 Back
8
About £66,000 at 1 April 2010 Back
9
About £6,600 at 1 April 2010 Back
10
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
11
This ensures that their entries cover the same period as those
of returned Members. Back
12
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
13
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
14
About £660 as at April 2010. Back
15
Op.cit., paragraph 29. Back
16
Ibid, paragraph 31. Back
17
Select Committee on Standards in Public Life, Second Report, Session
1994-95, HC 816, paragraphs 39-42. Back
18
Referred to in the Guide as "lobbying for reward or consideration". Back
19
Referred to in the Guide as "agreements for the provision
of services". Back
20
But see also paragraph 71 below. Back
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