Chapter 2: Declaration of Members' Interests
REQUIREMENTS OF THE HOUSE
1. Paragraph 13 of the Code of Conduct for Members
of Parliament provides:
13. Members shall fulfil conscientiously the
requirements of the House in respect of the registration of interests
in the Register of Members' Financial Interests. They shall always
be open and frank in drawing attention to any relevant interest
in any proceeding of the House or its Committees, and in any communications
with Ministers, Members, public officials or public office holders.[57]
2. The declaration of interests ensures that Members,
the public and others are made aware at the appropriate time,
in proceedings of the House and on other occasions, of any interest
relevant to those proceedings or to the actions or words of a
Member. The requirement to declare an interest complements the
registration requirements and applies from the time the House
first sits after the Member is elected and to almost every aspect
of a Member's parliamentary duties. It covers a broader range
of interests than registration.
3. Declarations must be informative but succinct.
A Member who has already registered an interest may refer to his
or her Register entry. But such a reference is unlikely to suffice
on its own, as the declaration must provide sufficient information
to convey the nature of the interest without the listener or the
reader having to have recourse to the Register or other publication.
Requirements for declaration
4. Members are required, subject to the paragraphs
below, to declare any financial interests which satisfy the test
of relevance, including:
a) past financial interests (normally limited
to those active within the last twelve months);
b) indirect financial interests, such as the
financial interests of a spouse or partner, or another family
member, if the Member is aware or could reasonably be expected
to be aware of that interest. It is not necessary to identify
the person concerned: a formula such as "A member of my family
has a financial interest in [ ]"will usually suffice. The
definition of a family member is as under Category 9 of the Register;[58]
c) expected future interests, if the Member's
plans have moved beyond vague hopes and aspirations and reached
the stage where the Member has a reasonable expectation that a
financial benefit will accrue;
d) financial interests of a sort which do not
require registration, including for example blind trusts,[59]
and interests which fall below the financial thresholds;
e) financial interests which require registration
but have not yet appeared in the published Register;
f) any registered non-financial interests.
Members may also declare, if they think it appropriate,
non-financial interests which are not registered but which they
consider meet the test of relevance.
5. The test of relevance is whether those
interests might reasonably be thought by others to influence his
or her actions or words as a Member.
6. Members are not required to declare an interest:
a) if to do so would unduly impede the business
of the House; for example, during oral Questions, when asking
supplementary Questions, or when responding to a Ministerial statement;
or
b) when voting, either in the House or
in committee. But a Member who has a relevant registrable interest
which has not yet been registered should seek to register it before
the vote; or if this is not possible, as soon as possible afterwards;
or
c) if that interest is a benefit available
to all Members, such as the parliamentary salary, or expenses
met from parliamentary sources or from a scheme for parliamentary
expenses; or
d) if it is a benefit provided by the Member's
own party (unless it is registrable under Category 2: Donations
and other support for activities as a Member of Parliament).
Occasions when declaration is required
7. Subject to paragraphs 1 to 6 of this chapter,
Members must declare a relevant interest:
a) In the Chamber and in general committees:
i) when speaking in a debate;
ii) in the Committee or consideration stage
of a Bill. In a Public Bill Committee a Member should declare
an interest at the first meeting or when he or she first addresses
the Committee. The declaration should be repeated later if speaking
on any amendment to which the interest is particularly relevant;
b) In Committee on Opposed Private Bills:
A Member nominated by the Committee of Selection
to serve on a Committee on an Opposed Private Bill must sign a
declaration that "my constituents have no local interest,
and I have no personal interest, in the said Bill."[60]
Advice is available from the Clerk of Bills.
c) In Select Committees:
i) at the Committee's first meeting. Members
must provide details of any registered financial interests, and
of any non-registrable interests which meet the test of relevance.[61]
These are circulated under the authority of the Chair (if elected
by the House) or in other cases the senior Member before the Committee's
first meeting. Members who do not attend the Committee's first
meeting must make their declaration at the beginning of the first
meeting they do attend;
ii) when the Committee is deciding on the
subject of an inquiry;
iii) at the beginning of any inquiry to which
their interest particularly relates;
iv) at sessions of evidence, and in any hearings
involving witnesses to whom the interest is particularly relevant
and before any questions which might reasonably be thought
by others relevant to that interest.
These declarations will be recorded in the Committee's
proceedings.
If the subject matter of the inquiry is of direct
concern to an outside body in which a Member has a financial interest,
he or she must consider whether it is proper to take part in the
inquiry without conflict of interest, and whether it is possible
to participate effectively in the inquiry without crossing the
borderline into paid advocacy. And a Member who has a personal
interest which may reflect upon the work of the Committee or its
report should stand aside from the Committee proceedings relating
to it.[62]
d) When tabling any written notice:
i) when tabling a notice for the presentation
of a Bill, or tabling an amendment to a Bill. A Member who
gives his or her name in support of a Bill, or who tables an amendment
to a Bill, must notify the Legislation Office of any relevant
interest;
ii) when tabling oral or written Questions.
Members must indicate any relevant interest on the question form.
If the question is for oral answer there is no need for further
declaration when called in the Chamber;[63]
iii) when applying for urgent Questions or
emergency debates. Members must inform the Speaker of any
relevant interest. If the request is granted the Member must also
declare the interest orally when asking the question or moving
the motion;
iv) when tabling motions, including Early
Day Motions [EDMs], or amendments to motions, or adding their
name to a motion or amendment. Members must indicate any interest
in the appropriate place on the form;
v) when applying for an adjournment debate.
Members must inform the Table Office of any relevant interests;
vi) when giving notice before presenting a
petition and when presenting a petition in the House. Members
must notify the Journal Office of any relevant interest when giving
notice of presentation of a petition, providing an explanatory
note if the nature of that interest is not immediately obvious
from their Register entry. They must then declare any relevant
interests in the House when presenting that petition;
vii) when standing for election as chair of
a Select Committee. The Member's full Register entry is published
with his or her nomination.
8. When an interest is declared, the symbol [R] (for
'Relevant Interest Declared') will normally be printed on the
relevant Notice Paper or Order Paper. If it is not readily apparent
which of the Member's interests is relevant, he or she should
provide an explanatory note which will then be made available
for inspection.
e) When approaching others:
Members must declare a relevant interest in any communication,
formal or informal, with those who are responsible for matters
of public policy, public expenditure or the delivery of public
services.[64] That includes
communications with Ministers, either alone or as part of a delegation:
with other Members; with public officials (including the staff
of government departments or agencies and public office holders).
If those communications are in writing, then the declaration should
be in writing too; otherwise it should be oral.
f) When booking facilities on the parliamentary
estate.
Members who book private dining rooms or any other
rooms through the Facilities Department for the purpose of holding
a function must indicate on the booking form if they have a relevant
interest. This requirement applies if the function is on behalf
of an outside organisation other than the Member's political party.
Members who have such an interest must also indicate this on the
invitations to their event. For this purpose a function is where
significant hospitality including food and drink is provided:
a declaration is not necessary when booking a room simply for
a meeting or presentation where simple refreshments such as tea
and biscuits may be available.
57 The Code of Conduct together with the
Guide to the Rules relating to the conduct of Members 2012,
HC 1885 Back
58
See paragraph 58 of Chapter 1 of this Guide. Back
59
Members should be aware that existence of a blind trust may be
declarable for example during proceedings concerning legislation
which would affect such trusts. In addition, if a Member is aware
that the trust invests in a particular sector he or she may need
to declare that where relevant. Back
60
Standing Order 120 refers Back
61
The test of relevance is set out in paragraph 5 of this chapter. Back
62
Further guidance on select committees, including restrictions
on the activities of Chairs, is available in the Guide for Select
Committee Members Back
63
There is also no need to declare an interest when asking a Supplementary
Question Back
64
The test of relevance is set out in paragraph 5 of this chapter. Back
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