HOUSE OF LORDS
CODE OF CONDUCT
Adopted on Monday 2nd July 2001
as amended on Tuesday 24th July 2001
Purpose of the Code
1. The purpose of this Code of Conduct 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.
2. This Code applies to all Members of the House of Lords
who have not taken leave of absence.
Public duty
3. By virtue of their oath, or affirmation, of allegiance,
Members of the House have a duty to be faithful and bear true
allegiance to Her Majesty The Queen, Her heirs and successors,
according to law.
Personal conduct
4. Members of the House:
(a) must comply with the Code of Conduct;
(b) should act always on their personal honour;
(c) must never accept any financial inducement as an incentive
or reward for exercising parliamentary influence;
(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).
5. Members of the House should observe the seven general principles
of conduct identified by the Committee on Standards in Public
Life. The seven principles are:
(a) Selflessness: Holders of public office should
take decisions solely in terms of the public interest They should
not do so in order to gain financial or other material benefits
for themselves, their family, or their friends.
(b) Integrity: Holders of public office should not
place themselves under any financial or other obligation to outside
individuals or organisations that might influence them in the
performance of their official duties.
(c) Objectivity: In carrying out public business, including
making public appointments, awarding contracts, or recommending
individuals for rewards and benefits, holders of public office
should make choices on merit.
(d) Accountability: Holders of public office are accountable
for their decisions and actions to the public and must submit
themselves to whatever scrutiny is appropriate to their office.
(e) Openness: Holders of public office should be as
open as possible about all the decisions and actions that they
take. They should give reasons for their decisions and restrict
information only when the wider public interest clearly demands.
(f) Honesty: Holders of public office have a duty to
declare any private interests relating to their public duties
and to take steps to resolve any conflicts arising in a way that
protects the public interest
(g) Leadership: Holders of public office should promote
and support these principles by leadership and example.
Primacy of the public interest
6. In the conduct of their parliamentary duties, Members
of the House shall resolve any conflict between their personal
interest and the public interest in favour of the public interest
Register of Interests
7. There shall be established a register of Lords'
interests referred to in this Code. The register shall be maintained
under the authority of the Clerk of the Parliaments by a Registrar
appointed by him.
A Member of the House must register relevant interests before
31st March 2002 and thereafter within one month of acquiring them.
The register shall be available for public inspection in accordance
with arrangements made by the Registrar. The register shall be
regularly updated and shall be reprinted annually. The annual
publication shall include all interests registered since the previous
edition and all continuing interests unless their termination
has been notified to the Registrar.
Registration and Declaration of Relevant Interests
8. Members of the House must:
(a) register in the Register of Lords' Interests
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?
9. The
test of relevant interest 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 or her parliamentary duties.
10. 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.
11. Relevant interests include both financial and non-financial
interests.
Relevant financial interests
12. The
following financial interests are always relevant and therefore
must be registered:
(a) any consultancy agreement under
which Members of the House provide parliamentary advice or services.
A copy of any such agreement, and the remuneration received by
Members for advice in relation to parliamentary matters, must
be deposited with the Registrar of Lords' Interests, so that details
are available for public inspection.
(b) employment or any other financial interest in businesses
involved in parliamentary lobbying on behalf of clients, including
public relations and law firms but Members of the House involved
with organisations that offer commercial lobbying services are
not obliged to refrain from participating in parliamentary business
in connection with all clients of that organisation but
only their personal clients;
(c) any remunerated service which Members of the House provide
by virtue of their position as Members of Parliament, and the
clients of any such service;
(d) employment as a non-parliamentary consultant;
(e) remunerated directorships;
(f) regular remunerated employment (excluding occasional income
from speeches, lecturing, broadcasting and journalism);
(g) shareholdings amounting to a controlling interest;
(h) provision by an outside body of secretarial and research
assistance;
(i) visits with costs paid in the United Kingdom and overseas,
made as a Member of Parliament, except any visits paid for from
public funds.
13. The list in paragraph 12 above is not exhaustive. For
example, relevant financial interests may also include
(depending on their significance):
(a) shareholdings not amounting to a controlling interest;
(b) landholdings (excluding Members' homes);
(c) the financial interests of a spouse or relative or friend;
(d) hospitality or gifts given to a Member which could reasonably
be regarded as an incentive to support a particular cause or interest
14. Except for remuneration received by Members for advice
in relation to parliamentary matters, Members of the House are
not required to disclose how much they earn from the financial
interests set out in paragraphs 12 and 13, but they may do so
if they wish.
Relevant non-financial interests
15. The following non-financial interests are always
relevant and therefore must be registered:
(a) membership of public bodies such as hospital trusts,
the governing bodies of universities, colleges and schools, and
local authorities;
(b) trusteeships of museums, galleries or similar bodies;
(c) acting as an office-holder or trustee in pressure groups
or trade unions;
(d) acting as an office-holder or trustee in voluntary or
not-for-profit organisations.
16. The list in paragraph 15 above is not exhaustive. For
example, relevant non-financial interests may also include
(depending on their significance):
(a) other trusteeships;
(b) unpaid membership of voluntary organisations.
17. Members of the House are not obliged to register
membership of Churches, religious bodies and quasi-religious organisations.
But it may be necessary to declare such interests (see
paragraph 8).
Advice
18. The operation of the register shall be overseen
by a Sub-Committee of the Committee for Privileges on Lords' Interests
and the Registrar shall consult 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
19. Allegations of non-compliance with this 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 Cross Bench Peers.
(b) If the complainant chooses to pursue the matter, he or
she should refer the allegation in private directly to the Sub-Committee
on Lords' Interests, through its chairman.
(c) The Sub-Committee will then examine the allegation and
may decide to investigate it further or to dismiss it.
(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.
20. Paragraph 7 shall have effect forthwith; the remainder
of this Code shall have effect from 31st March 2002; and the resolution
of the House of 7th November 1995 on the practice of the House
in relation to Lords' interests shall cease to have effect on
the same date.
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