Guidance
to members on accepting gifts, benefits and hospitality
1. In this report we provide guidance to members
on how the Code of Conduct and Guide to the Code of Conduct relate
to the acceptance of gifts, benefits and hospitality.[1]
This report does not recommend new rules; rather it sets out in
one place how various existing provisions in the Code and Guide
cover the acceptance of gifts, benefits and hospitality. We trust
this will be useful to members in considering whether to accept
such an offer. In providing guidance this report also addresses
a recommendation made by the Council of Europe Group of States
against Corruption.[2]
Ban on accepting gifts etc. in
return for parliamentary advice or services
2. It is prohibited for a member to accept a
gift, a benefit or hospitality of any value in return for providing
parliamentary advice or services or exercising parliamentary influence.[3]
This means a member may not, for example, accept a gift in return
for participating in proceedings of the House, approaching a minister
or giving advice on how organisations may influence the work of
Parliament.[4]
Accepting gifts etc. from lobbyists
3. Many outside organisations play an important
role in informing members of the House of Lords. However, some
lobbying can give rise to a suspicion of improper influence over
Parliament. Members should have regard to such public perceptions.[5]
The risk of lobbyists having improper influence over members is
heightened if members are in receipt of significant gifts, benefits
or hospitality from lobbyists. Accordingly, the Guide to the Code
advises: "Members should decline all but the most insignificant
or incidental hospitality, benefit or gift offered by a lobbyist."[6]
Registering other gifts etc. arising
from membership
4. Subject to the prohibitions set out above,
members are permitted to accept gifts, benefits or hospitality
which relate substantially to membership of the House provided
that any gift etc. of a value greater than £140 is registered
in the Register of Lords' Interests. This includes gifts etc.
received from the same source in a calendar year (i.e. January-December)
which cumulatively are of a value greater than £140. It also
includes gifts etc. given to a member's spouse or partner, if
the gift etc. substantially relates to membership of the House.
Gifts, benefits and hospitality should be registered within one
month of receipt. They remain on the Register for a year.[7]
Declaring gifts etc.
5. Members are required orally to declare gifts,
benefits or hospitality if they are relevant to business before
the House.[8] Occasionally
a gift etc. may not be registrable but, because it is relevant
to a debate, it should be declared. Even if a gift etc. is on
the Register, if it is relevant to a debate it should be declared
during that debate.
6. The requirement to declare gifts etc. applies
to members when serving on select committees[9]
and when communicating with ministers or officials.
Gifts offered when hosting banqueting
functions
7. Members hosting banqueting functions in the
House of Lords are permitted to accept a small non-monetary gift
from the event organiser provided the value of the gift does not
exceed £25.[10]
Members' staff to register gifts
etc.
8. Members' staff who have a parliamentary photo-pass
or email address are required to register in the Register of Members'
Staff Interests any gift or benefit valued over £140 which
relates to or arises from the individual's work in Parliament.
This includes gifts etc. received from the same source in a calendar
year (i.e. January-December) which cumulatively are of a value
greater than £140. It does not apply to gifts etc. given
by the member who sponsors the individual.[11]
Advice from the Registrar
9. The Registrar of Lords' Interests is available
to advise members on the rules and guidance in this report. Members
are encouraged to consult the Registrar if in doubt. A member
who acts on the advice of the Registrar in deciding whether to
register or declare a gift, benefit or hospitality satisfies fully
the requirements of the Code of Conduct in that regard.[12]
1 In this report references to the Code of Conduct
and Guide to the Code of Conduct are to the fourth edition (May
2015; HL Paper 3 of session 2015-16). Back
2
In 2012 GRECO published its fourth-round evaluation report on
"Corruption prevention in respect of members of Parliament,
judges and prosecutors" in the United Kingdom. The report
had five recommendations relating to the House of Lords. In December
2014 GRECO published a report on the UK's compliance with those
recommendations. The compliance report found that the UK had complied
with all the recommendations relating to the House of Lords except
part of one, which was to provide guidance to members on the acceptance
of gifts. This report to the House addresses that outstanding
part-recommendation. Back
3
Paragraph 8(c) and (d) of the Code of Conduct. Back
4
Paragraphs 20 and 22 of the Guide to the Code. Back
5
Paragraph 33 of the Guide to the Code. Back
6
Paragraph 34 of the Guide to the Code. Back
7
Further details about registering gifts are in paragraphs 76-81
of the Guide to the Code of Conduct. Back
8
Paragraph 10(b) of the Code of Conduct. Back
9
Paragraph 96 of the Guide to the Code. Back
10
House Committee, Banqueting rules (1st Report, 2014-15, HL Paper
8), rule B. Back
11
Paragraph 5(c) of the Code of Conduct for House of Lords Members'
Staff. Back
12
Paragraph 25 of the Code of Conduct. Back
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