Chapter 4: Procedure for Inquiries
REQUIREMENTS OF THE HOUSE
1. Paragraphs 17 and 18 of the Code of Conduct provide:
17. The application of this Code shall be a matter
for the House of Commons, and particularly for the Committee on
Standards and the Parliamentary Commissioner for Standards acting
in accordance with Standing Orders Nos 149 and 150 respectively.
18. The Commissioner may investigate a specific
matter relating to a Member's adherence to the rules of conduct
under the Code. Members shall cooperate, at all stages, with any
such investigation by or under the authority of the House. No
Member shall lobby a member of the Committee in a manner calculated
or intended to influence its consideration of an alleged breach
of this Code.[69]
2. The Parliamentary Commissioner for Standards:
· considers complaints alleging that a Member
of Parliament has breached the Code of Conduct and its associated
rules; and
· if he or she thinks fit, investigates
specific matters which have come to his or her attention relating
to the conduct of a Member; and
· exceptionally inquires into a matter referred
to the Commissioner by a Member in relation to his or her own
conduct.
3. In all cases, the Commissioner will only initiate
an inquiry if he or she is satisfied that the evidence put before
the Commissioner is sufficient to justify such an inquiry. It
is not sufficient to make an unsubstantiated allegation and expect
the Commissioner to look for any supporting evidence.[70]
The receipt of a complaint or the initiation of an inquiry by
the Commissioner does not imply that there has been a breach of
the rules of the House.
4. Details of the Commissioner's current inquiries
are provided monthly on the Commissioner's webpages.[71]
5. Complaints about the misuse of the scheme for
parliamentary expenses since May 2010 are a matter for the Independent
Parliamentary Standards Authority. However, where the Independent
Parliamentary Standards Authority or its Compliance Officer consider
that a Member's conduct justifies it, they shall refer that Member,
with the relevant evidence, to the Commissioner for the Commissioner
to decide whether to inquire into a potential breach of the Code
of Conduct and its associated rules.
SUBMITTING A COMPLAINT
6. Complaints must:
a) be submitted by an individual, whether a member
of the public or a Member of Parliament. Complaints from organisations,
or made on behalf of someone else, cannot be accepted; and
b) be made in writing and signed, and provide
the complainant's name and full postal address; and
c) make clear in what respect the complainant
believes that the Member may have breached the Code of Conduct
and its associated rules. Allegations should be supported by sufficient
evidence to justify the initiation of an inquiry.
7. It is a basic courtesy that a Member making a
complaint to the Commissioner should at the same time send a copy
of the letter of complaint to the Member concerned.
8. Further guidance on the complaints procedure is
available in the Commissioner's procedural note, which can be
found on the parliamentary webpages.[72]
PARLIAMENTARY PRIVILEGE
9. Communications between a member of the public
and the Commissioner are not covered by parliamentary privilege
unless and until the Commissioner has accepted the matter for
inquiry.
INITIATING AN INQUIRY
10. When considering any reference to the Commissioner,
he or she will first consider if the matter is within his or her
remit. If so, the Commissioner will consider whether in his or
her view, sufficient evidence has been provided to justify the
initiation of an inquiry into whether the Code of Conduct and
its associated rules may have been breached.
11. The Committee has made it clear that it would
expect the Commissioner to consult it before exceptionally initiating
an inquiry into a former Member or in respect of a matter which
goes back more than seven years. The Committee would expect to
authorise such inquiries only in exceptional circumstances.
12. If, in the Commissioner's view, he or she has
received, from the complainant or otherwise, sufficient evidence
to justify the initiation of an inquiry into whether a named Member
has breached the Code of Conduct or its associated rules the Commissioner
will institute such an inquiry. That decision is made by the Commissioner.
If the Commissioner considers that an inquiry would be disproportionate
given the nature and seriousness of the allegation made, the Commissioner
may decide not to inquire into that matter. If the Commissioner
considers the evidence received is insufficient to justify an
inquiry, or the matter falls outside the Commissioner's remit,
he or she will so decide and inform any complainant. The Commissioner
will report briefly to the Committee on the consideration of all
formal complaints and allegations submitted.
RESOLUTION OF INQUIRIES: PARLIAMENTARY
COMMISSIONER FOR STANDARDS
13. If the Commissioner accepts a matter for inquiry
the Commissioner will notify any complainant and invite the Member
to respond to the allegation. The Commissioner will then make
any subsequent enquiries he or she considers necessary.
14. Under the Code of Conduct Members are required
to cooperate with any inquiry into their conduct.[73]
Members must also not lobby the Committee or the Commissioner
in a manner calculated to influence their consideration of the
matter. The Committee on Standards has regarded any breach of
this rule as particularly serious and it alone has led to suspension
from the House
15. If, after or during the course of an inquiry,
the Commissioner concludes that the allegation has not been substantiated,
the Commissioner will not uphold it and will report that conclusion
briefly to the Committee. The determination letter and the evidence
relevant to that inquiry will be published on the Commissioner's
webpages.[74] It is,
however, open to the Commissioner to decide to submit a memorandum
to the Committee into an allegation which the Commissioner proposes
should not be upheld. This may be because of the particular seriousness
of the allegation or because the inquiry raises matters of wider
interest or relevance. The Committee will then consider the Commissioner's
conclusions and submit its own report to the House.
16. Under Standing Order No. 150 the Commissioner
may decide that the matter can be resolved through the rectification
procedure.[75] If so,
and the Member agrees and apologises, the Commissioner will determine
the matter on that basis and report the fact briefly to the Committee.
The determination letter and the evidence associated with that
inquiry will be published on the Commissioner's webpages.[76]
In the case of non-registration, rectification requires a belated
entry in the current Register in bold italic type with an appropriate
explanatory note.[77]
In the case of non-declaration, it requires an apology to the
House by means of a point of order in accordance with the procedure
established for such apologies by the Speaker. In cases involving
parliamentary facilities or resources, the rectification procedure
normally requires the Member to make any repayment or other relevant
rectification.
17. If, after inquiry, the Commissioner finds that
there has been a breach, which is not suitable for the rectification
procedure, or that the inquiry raises issues of wider importance,
the Commissioner will normally report the facts and his or her
conclusions to the Committee in the form of a memorandum. The
Committee will then publish the Commissioner's memorandum on the
case, alongside a report setting out its conclusions in the matter,
including any recommendation to the House on whether further action
is required.
RESOLUTION OF INQUIRIES: COMMITTEE
ON STANDARDS
18. The Committee considers any matter relating to
the conduct of Members, including specific allegations against
a Member in relation to alleged breaches of the rules of the House
which have been drawn to the Committee's attention by the Commissioner.
19. The Committee may, under Standing Order No. 149,
send for persons, papers and records; order the attendance of
any Member before it; and require that specific documents in the
possession of a Member relating to its inquiries or to the inquiries
of the Commissioner be laid before it. The Committee will decide
whether evidence is to be taken in public or in private. Its normal
practice is to take evidence in private. The Committee is empowered
to refuse leave for the broadcasting of any public sessions. The
Committee's internal discussions are always held in private.
20. Where the Commissioner has concluded that there
has been a breach of the rules, and the Committee agrees in whole
or in part, those concerned face a range of penalties. In a very
few cases, the reputational damage of an adverse report will be
deemed sufficient, together with any action required to remedy
the breach. In more serious cases the Committee will make recommendations
for further action. The Committee may recommend:
a) a written apology;
b) for relatively minor failures to declare interests,
an apology on the floor of the House by means of a point of order;
c) an apology on the floor of the House by means
of a personal statement;
d) for non-Members, withdrawal of Parliamentary
passes, either indefinitely or for a fixed period;
e) suspension from the service of the House for
a specified number of sitting days (during which time the Member
receives no salary and must withdraw from the precincts of the
House.)
In the most serious cases the Committee has the power
to recommend expulsion. While the House itself decides whether
a Member should be suspended, its practice has been to accept
the Committee's recommendations on such matters.
21. The Committee may also report to the House on
other matters referred to it by the Commissioner.
REMIT OF THE PARLIAMENTARY COMMISSIONER
FOR STANDARDS
22. Subject to paragraph 16 of the Code, the House
of Commons has agreed a number of exceptions to the Commissioner's
remit. As a result the Commissioner is unable to investigate complaints
about:
a) policy matters;
b) a Member's views or opinions;
c) a Member's handling of or decision about a
case (whether or not anyone involved is a constituent of the Member);
23. The following matters, which fall outside of
the Commissioner's remit, may be referred by the complainant to
the relevant body or individual:
a) conduct in the Chamber, which is a matter
for the Speaker;
b) complaints about the misuse of the scheme
for parliamentary expenses since May 2010, which are matters for
the Independent Parliamentary Standards Authority and its Compliance
Officer;
c) allegations of criminal misconduct, which
are normally a matter for the police;
d) the funding of political parties and the permissibility
of donations, which are matters for the Electoral Commission;
and
e) alleged breaches of the Ministerial Code,
which governs the conduct of government Ministers in their capacity
as Ministers and which are matters for the Cabinet Office.
24. Complaints of non-registration by Members' staff
and journalists will be considered by the Registrar of Members'
Financial Interests. The Parliamentary Commissioner for Standards
will consider complaints about All-Party Parliamentary Groups.
69 The Code of Conduct together with the
Guide to the Rules relating to the conduct of Members, 2012,
HC 1885 Back
70
Select Committee on Members' Interests, First Report of Session
1992-93, HC 383, paragraph 4 Back
71
http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/pcfs/publications/inquiries/current-inquiries/ Back
72
The procedural note has been approved by the Committee on Standards
and Privileges and issued by the Commissioner. Back
73
The Code of Conduct together with the Rules relating
to the Conduct of Members, Session 2010-12, HC 1885 Back
74
http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/pcfs/publications/inquiries/matters-not-upheld/ Back
75
Standing Order No. 150(3) Back
76
http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/pcfs/publications/inquiries/matters-rectifiied/ Back
77
A rectified entry remains in the Register in that form for 12
months or until the next printed edition, whichever is the later. Back
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