FOREWORD
By the Clerk of the Parliaments
The Code of Conduct adopted by the House on
2nd July 2001 establishes a register and Registrar of Lords' Interests.
The operation of the register is overseen by a Sub-Committee of
the Committee for Privileges and the Registrar consults the Sub-Committee
when necessary. The Code is printed below, as is guidance on the
application of each category.
The register is continually kept up to date
in loose-leaf form and may be inspected at the Table of the House
and in the Table Office and the Library. Members of the public
can inspect the Register in the Parliamentary Archives and it
is available online at www.parliament.uk.
The Code requires that the register be reprinted once a year and
this new printed edition meets this requirement and follows an
exercise in which all Members of the House were invited to confirm
or amend their entries.
The Code requires all Members of the House of
Lords in receipt of a Writ of Summons, who are not on Leave of
Absence, to register all relevant interests. The test of relevance
is whether the interest might reasonably be thought by the public
to affect the way in which a Member discharges his or her parliamentary
duties. Relevant interests include both financial and non-financial
interests. Those interests which the Code identifies as "always
relevant" must be registered and are set out in paragraphs
12 (financial) and 15 (non-financial) of the Code; other interests
must be registered "depending on their significance"
and are set out in paragraphs 13 and 16. Members must register
relevant interests within one month of acquiring them.
The Sub-Committee has recommended that registrations
relating to paragraphs 13 and 16 of the Code (other relevant interests)
be restricted to those interests which might reasonably be thought
by the public to affect in general the way in which Members discharge
their parliamentary duties. A Member may have additional interests,
relevant in particular circumstances, which will then require
declaration in the context of those circumstances (for
example, a debate).
The Code maintains the principle of "no
paid advocacy". Thus Members "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" (paragraph 4(d) of the Code). This restriction does
not extend to matters relating to Members' outside employment
or directorships, where the interest does not arise from membership
of the House. Members should, however, be especially cautious
in deciding whether to speak or vote in relation to interests
that are direct, pecuniary and shared by few others.
The advice of the Registrar should be sought
whenever there is doubt as to whether an interest is relevant
for the purposes of the register. 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. In cases of difficulty
the Registrar will consult the Sub-Committee. Members of the House
should accept its decision as if it were that of the House. For
further guidance, Members may wish to consult paragraphs 4.76-4.82
of the Companion to the Standing Orders and Guide to the Proceedings
of the House of Lords; the debates and resolutions of the House
of 1st and 7th November 1995 and 2nd and 24th July 2001; and take
the advice of the Registrar and other clerks.
For the avoidance of doubt, visits made by Members
under the auspices of the United Kingdom Government and Parliament,
the Commonwealth Parliamentary Association and the Inter-Parliamentary
Union are not registered. All other expenses-paid visits made
by Members are registered, including those made under the auspices
of All-Party Groups.
30 July 2008
MICHAEL POWNALL
Clerk of the Parliaments
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