Companion to the Standing Orders and guide to the Proceedings of the House of Lords

Companion to the Standing Orders and guide to the Proceedings of the House of Lords

INTERESTS

4.74 The declaration and registration of interests is governed by a Code of Conduct. The full text of the Code is set out in Appendix A (page 206). The purpose of the Code, which applies to all members of the House who have not taken leave of absence, is:

(a) to provide guidance for members of the House of Lords on the standards of conduct expected of them in the discharge of their parliamentary and public duties;

(b) to provide the openness and accountability necessary to reinforce public confidence in the way in which members of the House of Lords perform their parliamentary and public duties.

Personal conduct

4.75 Members of the House:

(a) must comply with the Code of Conduct;

(b) should act always on their personal honour;

(d) must not vote on any bill or motion, or ask any question in the House or a committee, or promote any matter, in return for payment or any other material benefit (the "no paid advocacy" rule).

Register of Interests

4.76 A register of interests is maintained under the authority of the Clerk of the Parliaments by a Registrar appointed by him. The register is published annually. An up-to-date register is available in loose-leaf form for inspection by members at the Table of the House, in the Table Office and in the Library and by the public in the Search Room of the Parliamentary Archives. It is also available on the parliamentary website at www.parliament.uk.

Registration and declaration of relevant interests

4.77 Members of the House must:

(a) register in the Register of Lords' Interests, within one month of acquiring them, all relevant interests, in order to make clear what are the interests that might reasonably be thought to influence their actions;

(b) declare when speaking in the House, or communicating with ministers, government departments or executive agencies, any interest which is a relevant interest in the context of the debate or the matter under discussion. This is necessary in order that their audience may form a balanced judgment of their arguments. In cases where members of the House vote in a division where they have a relevant interest that they have not been able to declare, they should register that interest within 24 hours of the division.

What is a relevant interest?

4.78 The test of relevance is whether the interest might reasonably be thought by the public to affect the way in which a member of the House of Lords discharges his parliamentary duties. The test of relevant interest is therefore not whether a member's actions in Parliament will be influenced by the interest, but whether the public might reasonably think that this might be the case.

4.79 Relevant interests include both financial and non-financial interests. The Code of Conduct lists (in paragraphs 12 and 15) a range of financial and non-financial interests which are always relevant, and (in paragraphs 13 and 16) other financial and non-financial interests which may be relevant.

4.80 Members of the House should be especially cautious in deciding whether to speak or vote in relation to interests that are direct, pecuniary and shared by few others.[160]

Advice

4.81 The operation of the register is overseen by the Sub-Committee on Lords' Interests of the Committee for Privileges and the Registrar consults the Sub-Committee when necessary. The Registrar is available to advise members of the House. A member who acts on the advice of the Registrar in determining what is a relevant interest satisfies fully the requirements of the Code of Conduct.

Enforcement of the Code of Conduct

4.82 Allegations from members of the House of non-compliance with the Code are dealt with as follows:

(a) any allegation should normally be raised first with the member complained against. However, there may be circumstances when it is more appropriate to raise the matter with a party Leader or Chief Whip, or the Convenor of the Crossbench Peers;

(b) if the complainant chooses to pursue the matter, he should refer the allegation in private directly to the Sub-Committee on Lords' Interests, through its chairman;

(d) in the investigation and adjudication of complaints against them, members of the House have the right to safeguards as rigorous as those applied in the courts and professional disciplinary bodies;

(e) if after investigation the Sub-Committee finds the allegation proved, the member complained against has a right of appeal to the Committee for Privileges;

(f) the conclusions of the Sub-Committee and of the Committee for Privileges are reported to the House.

Members of public boards (The Addison Rules)

4.83 Members of the House of Lords who are members of public boards, whether commercial or non-commercial in character, are not by reason of such membership debarred from exercising their right to speak in the House of Lords, even on matters affecting the boards of which they are members; and it is recognised that, in the last resort, only the members concerned can decide whether they can properly speak on a particular occasion. By custom, members should inform the House of their interests if they decide to speak.[161]

4.84 The following guidance, based upon that given in 1951 by the then Leader of the House, Viscount Addison, after consultation and agreement between the parties, may be helpful to members of the House who are considering whether or not to take part in a particular debate:[162]

(b) it is important that, except where otherwise provided, public boards should be free to conduct their day-to-day administration without the intervention of Parliament or ministers. If board members who happen also to be members of the House of Lords were to give the House information about the day-to-day operations of the board or to answer criticism respecting it, the House would in fact be exercising a measure of parliamentary supervision over matters of management. It would also be difficult for the responsible minister not to give similar information to the House of Commons;

(c) there is no duty upon the board member to speak in any debate or to answer questions put to him in debate. Nor should the fact that a member spoke in a particular debate be regarded as a precedent for that member or any other member to speak in any other debate;

(d) the foregoing applies only to debates relating to public boards. Experience acquired as a member of a public board will often be relevant to general debates in which the same considerations do not arise, and the contributions of board members who are members of the House may be all the more valuable because of that experience.

Employees of public boards

4.85 Members of the House of Lords employed by public boards or nationalised undertakings are not thereby debarred from exercising their rights of speech in the House, even when the subjects under discussion affect the particular boards in whose employment they are engaged. If members so employed should entertain a view different from that of the boards to which they belong, they should not speak at all during debates in the House relating to those boards. In conformity with accepted custom, members should inform the House of their interests if they wish to intervene during such debates.[163]

160 Procedure 2nd Rpt 2003-04; Privileges 1st Rpt 2003-04. Back

161 Procedure 2nd Rpt 1970-71. Back

162 HL Deb. 21 March 1951, col. 1241. Back

163 HL Deb. 6 May 1947, col. 373. Back