Appendix to the Guide to the Rules: Resolutions
of the House relating to the Conduct of Members
Registration and Declaration of
Members' Financial Interests
RESOLUTIONS OF 22 MAY 1974, AMENDED ON 9 FEBRUARY
2009: MEMBERS' FINANCIAL INTERESTS (DECLARATION)
"In any debate or proceeding of the House or
its Committees or transactions or communications which a Member
may have with other Members or with Ministers or servants of the
Crown, he shall disclose any relevant pecuniary interest or benefit
of whatever nature, whether direct or indirect, that he may have
had, may have or may be expecting to have."
"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' Financial Interests which shall be available
for inspection by the public."
*
RESOLUTION OF 12 JUNE 1975, AMENDED ON 19 JULY 1995
AND 9 FEBRUARY 2009: MEMBERS' FINANCIAL INTERESTS (DECLARATION)
"For the purposes of the Resolution of the House
of 22 May 1974 in relation to disclosure of interests in any proceeding
of the House or its Committees,
(i) any interest disclosed 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 in the
House or in any of its Committees.
(ii) the term 'proceeding' shall be deemed not
to include the asking of a supplementary question."
*
RESOLUTION OF 12 JUNE 1975, AMENDED ON 9 FEBRUARY
2009: MEMBERS' FINANCIAL INTERESTS (DECLARATION)
"Pursuant to the Resolutions of the House of
22 May 1974, this House agrees with the recommendations made in
the Report of the Select Committee on Members' Interests (Declaration)
relative to the arrangements for the registration of Members'
Interests, and with the recommendations contained in paragraphs
43 and 47 of that Report in relation to the declaring of such
interests; and that a Register of such interests be established
as soon as possible in accordance with the proposals made in that
Report."
Paragraph 43 of the First Report from the Select
Committee on Members' Interests (Declaration) (Session 1974-75)
HC 102, reads:
"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 in exactly the same way as he
has hitherto done by convention. It will be a matter for his judgement,
if his interest is already recorded in the Register, whether he
simply draws attention to this or makes a rather fuller disclosure."
Paragraph 47 of the same Report provides that declarations
of interest made in Select Committees shall be recorded in their
Minutes of Proceedings.
*
RESOLUTION OF 17 DECEMBER 1985, AMENDED ON 9 FEBRUARY
2009: REGISTER OF MEMBERS' FINANCIAL INTERESTS
"This House ... emphasises that it is the personal
responsibility of each Member to have regard to his public position
and the good name of Parliament in any work he undertakes or any
interests he acquires; confirms that the scope of the requirement
to register remunerated trades, professions or vocations includes
any remunerated activity in the fields of public relations and
political and parliamentary advice and consultancy; in particular
... in regard to the registration and declaring of clients that
the services which require such registration and, where appropriate,
declaration, include, as well as any action connected with any
proceedings in the House or its Committees, the sponsoring of
functions in the Palace, making representations to Ministers,
Civil Servants and other Members, accompanying delegations to
Ministers and the like ..."
[Note: This Resolution should be read in conjunction
with the Resolutions of 6 November 1995 on lobbying (Conduct of
Members) and delegations (Standards in Public Life).]
*
RESOLUTION OF 6 NOVEMBER 1995, AMENDED ON 14 MAY
2002 AND 9 FEBRUARY 2009: AGREEMENTS FOR THE PROVISION OF SERVICES
"(1) With effect from Wednesday 15 November
1995, 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 6 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;
(2) 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 6 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 31 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)."
*
RESOLUTION OF 13 JULY 1992: MEMBERS' INTERESTS (INTERESTS
OF CHAIRMEN AND MEMBERS OF SELECT COMMITTEES)
"This House takes note of the First Report from
the Select Committee on Members' Interests, Session 1990-91 (House
of Commons Paper No. 108), relating to the interests of Chairmen
and members of Select Committees, and approves the recommendations
of the Committee relating to declaration of interest in Select
Committees (paragraphs 8 to 16), withdrawal from Committee proceedings
(paragraph 24) and procedures prior to the election of a Chairman
(paragraph 25)."
*
RESOLUTION OF 30 APRIL 2009, AS AMENDED ON 7 FEBRUARY
2011: REGISTRATION OF MEMBERS' FINANCIAL INTERESTS
"(1) That, for the purpose of complying with
the Resolution of the House of 22 May 1974 relating to Registration
of Members' Financial Interests, in respect of interests falling
within Category 1 (Directorships), Category 2 (Remunerated employment,
office, profession, etc) or Category 3 (Clients), hon Members
shall furnish the Registrar with the following particulars
(a) the precise amount of each individual payment
made in relation to any interest,
(b) the nature of the work carried out in return
for that payment,
(c) the number of hours worked during the period
to which the payment relates, and
(d) 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 the payment;
(2) That such a payment shall be registered
(a) where its value exceeds one tenth of 1 per
cent. of the current Parliamentary salary; or
(b) where the total value of payments from the
same person, organisation or company in a calendar year exceeds
1 per cent. of the current Parliamentary salary;
(3) That the provisions of this Resolution shall
apply whether or not the interest in question depends essentially
upon, or arises out of, the hon. Member's position as a Member
of Parliament; and
(4) That the provisions of this Resolution shall
come into effect on 1 July 2009."
Lobbying for Reward or Consideration
RESOLUTION OF 2 MAY 1695: AGAINST OFFERING BRIBES
TO MEMBERS
"The Offer of any Money, or other Advantage,
to any Member of Parliament, for the promoting of any Matter whatsoever,
depending, or to be transacted, in Parliament, is a high Crime
and Misdemeanour, and tends to the Subversion of the Constitution."
*
RESOLUTION OF 22 JUNE 1858: REWARDS TO MEMBERS
"It is contrary to the usage and derogatory
to the dignity of this House, that any of its Members should bring
forward, promote or advocate, in this House, any proceeding or
measure in which he may have acted or been concerned for or in
consideration of any pecuniary fee or reward."
*
RESOLUTION OF 15 JULY 1947, AMENDED ON 6 NOVEMBER
1995 AND 14 MAY 2002: CONDUCT OF MEMBERS
"It is inconsistent with the dignity of the
House, with the duty of a Member to his constituents, and with
the maintenance of the privilege of freedom of speech, for any
Member of this House to enter into any contractual agreement with
an outside body, controlling or limiting the Member's complete
independence and freedom of action in Parliament or stipulating
that he shall act in any way as the representative of such outside
body in regard to any matters to be transacted in Parliament;
the duty of a Member being to his constituents and to the country
as a whole, rather than to any particular section thereof and
that in particular no Member of the House shall, in consideration
of any remuneration, fee, payment, reward or benefit in kind,
direct or indirect, which the Member or any member of his or her
family has received, is receiving, or expects to receive
(i) advocate or initiate any cause or matter
on behalf or any outside body or individual, or
(ii) urge any other Member of either House of
Parliament, including Ministers, to do so,
by means of any speech, Question, Motion, introduction
of a Bill or amendment to a Motion or Bill, or any approach, whether
oral or in writing, to Ministers or servants of the Crown."
*
RESOLUTION OF 6 NOVEMBER 1995: STANDARDS IN PUBLIC
LIFE
"This House agrees with the recommendations
in the Second Report from the Select Committee on Standards in
Public Life (House of Commons Paper No. 816) relating to the cessation
of paid advocacy (paragraph 54);[67]
and further that a Member with a paid interest should not initiate
or participate in, including attendance, a delegation where the
problem affects only the body from which he has a paid interest."
Conduct of Members
RESOLUTION OF 19 JULY 1995: CODE OF CONDUCT
"This House endorses the principle of a Code
of Conduct, and instructs the appropriate Select Committee to
prepare such a draft Code for approval as soon as possible, taking
into account the suggestions of the Nolan Committee and any relevant
overseas analogues; and whilst restating its commitment to the
objectives of the Resolution of the House of 15 July 1947 relating
to privileges, accepts the need to review its wording in the context
of the work to be undertaken on the draft Code."
*
RESOLUTION OF 24 JULY 1996: CODE OF CONDUCT
"This House approves the Third Report from the
Committee on Standards and Privileges, House of Commons Paper
No. 604, and in particular
(a) approves the Code of Conduct prepared pursuant
to the Resolution of the House of 19 July 1995,
(b) approves the Guide to the Rules relating
to the Conduct of Members, the modifications to the rules of the
House contained therein, and the guidelines to the application
of the Resolution of the House of 6 November 1995, (Conduct of
Members) contained in paragraph 58 of the Guide, and
(c) authorises the Committee on Standards and
Privileges to make such minor amendments to the Guide to the Rules
as appear to it to be justified by experience or necessarily reflect
decisions of the House; and to report such amended versions of
the Guide to the House."
*
RESOLUTION OF 14 MAY 2002, AMENDED ON 9 FEBRUARY
2009: CODE OF CONDUCT
"(1) This House approves the Ninth Report from
the Committee on Standards and Privileges (House of Commons Paper
No. 763), A new Code of Conduct and Guide to the Rules;
...
(4) the Code of Conduct and the Guide to the Rules
relating to the Conduct of Members (House of Commons Paper No.
688 (1995-96)) shall be amended as proposed in Annex 2 to the
Report; and
(5) the registration forms submitted for the next
published Register of Members' Financial Interests shall comply
with the new rules on the registration of Members' interests;
and any requirement under the new rules to register an interest
which is not registrable now shall come into force on the publication
of the next Register."
*
RESOLUTION OF 13 JULY 2005: STANDARDS AND PRIVILEGES
"That this House takes note of the Fourth Report
of the Committee on Standards and Privileges, Session 2004-05
(House of Commons Paper No. 472), and approves the revised Code
of Conduct set out in the Annex to the Report."
*
RESOLUTION OF 27 MARCH 2008, AMENDED ON 9 FEBRUARY
2009: STANDARDS AND PRIVILEGES
"That this House approves the Seventh Report
of the Committee on Standards and Privileges (House of Commons
Paper No. 436) on Employment of family members through the Staffing
Allowance; and endorses the changes proposed by the Committee
in the purpose and form of the Register of Members' Financial
Interests."
*
RESOLUTION OF 9 FEBRUARY 2009: GUIDE TO THE RULES
RELATING TO THE CONDUCT OF MEMBERS
"(1) That, subject to paragraphs (2) and (3)
below, this House approves the Fourth Report of the Committee
on Standards and Privileges (House of Commons Paper No. 208) and
the revised Guide to the Rules Relating to the Conduct of Members
annexed thereunto;
...
(3) That the threshold for registering interests
under category 4 (Sponsorships) shall be the statutory threshold
for the time being applying to the reporting of donations by hon.
Members to the Electoral Commission;
(4) That the revised Guide shall take effect on such
date as section 59 of the Electoral Administration Act 2006 shall
come into force;
(5) That the Register of Members' Interests shall
be renamed the Register of Members' Financial Interests and the
Registrar of Members' Interests shall be known as the Registrar
of Members' Financial Interests;
(6) Accordingly, in each place where they occur in
any Standing Order, Order or Resolution of the House:
(a) for "Register of Members' Interests"
there shall be substituted "Register of Members' Financial
Interests"; and
(b) for "Registrar of Members' Interests"
there shall be substituted "Registrar of Members' Financial
Interests".
*
RESOLUTION OF 12 MARCH 2012: CODE OF CONDUCT
"That this House takes note of the Nineteenth
Report of the Committee on Standards and Privileges (HC 1579),
and approves the revised Code of Conduct set out in the Annex
to the Report ..."
*
RESOLUTION OF 17 MARCH 2015: CODE OF CONDUCT AND
GUIDE TO THE RULES RELATING TO THE CONDUCT OF MEMBERS
(1) This House approves the Third Report from the
Committee on Standards, on The Code of Conduct (HC 772);
(2) with effect from the beginning of the next Parliament,
this House approves the revised Guide to the Rules relating to
the Conduct of Members annexed to that Report;
(3) the Code of Conduct for Members of Parliament
be amended as follows:
(a) leave out Paragraph 2 and insert
'The Code applies to Members in all aspects of their
public life. It does not seek to regulate what Members do in their
purely private and personal lives'.
(b) leave out paragraph 17; and
(4) previous Resolutions of this House in relation
to the conduct of Members shall be read and given effect in a
way which is compatible with the Code of Conduct and the Guide
to the Rules relating to the Conduct of Members.
67 "Activity constituting paid advocacy would
be outside our proposed rules and should therefore cease from
the start of the new Parliamentary session (1995-96)." Back
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