Code of Conduct for Members of the House of Lords

Section 1: Purpose and application
Section 2: General principles of conduct
Section 3: Rules of conduct
Section 4: Criminal offences
Section 5: Enforcement
Section 6: Advice and review

Section 1: Purpose and application

1. The purpose of this Code of Conduct is:

(a) to set the standards of conduct expected of members of the House of Lords in their parliamentary activities; and

(b) to provide the openness and accountability necessary to reinforce public confidence in the House of Lords and its members.

2. The rules in the Code and the Guide to the Code of Conduct apply to all aspects of members’ parliamentary activities; but except where otherwise stated the Code and Guide do not extend to members’ non-parliamentary activities or private lives.

3. Members are personally responsible for complying with the Code. They sign an undertaking to abide by the Code as part of the ceremony of taking the oath upon introduction and at the start of each Parliament.

4. The Code applies to all members of the House of Lords who are eligible to sit in the House. Subject to the exceptions described in paragraph 5, it does not apply to:

(a) former members;

(b) members awaiting introduction;

(d) members suspended from the service of the House; or

(e) members who are statutorily disqualified from sitting in the House.

5. Notwithstanding paragraph 4 of this Code:

(a) the provisions on imprisonment apply to all members of the House;

(b) the provisions on i) bullying, harassment and sexual misconduct, and ii) the use of facilities and services, apply to all members of the House when on the parliamentary estate; and

(c) the enforcement provisions of the Code apply to all members and former members of the House insofar as is necessary to investigate alleged breaches of the Code.

Section 2: General principles of conduct

6. The following general principles guide members of the House of Lords in their parliamentary activities. They will be taken into consideration when any allegation of a breach of the rules of conduct in section 3 of this Code is under investigation, but complaints based solely on alleged failure to adhere to the general principles will not be admitted.

7. Members of the House should conduct themselves in a manner that maintains and strengthens public trust and confidence in the integrity of the House of Lords.

8. Members of the House should observe the seven general principles of conduct identified by the Committee on Standards in Public Life:

(a) Selflessness: holders of public office should act solely in terms of the public interest.

(b) Integrity: holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

(c) Objectivity: holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

(d) Accountability: holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

(e) Openness: holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

(f) Honesty: holders of public office should be truthful.

(g) Leadership: holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

9. Members of the House should observe the principles set out in the Parliamentary Behaviour Code of respect, professionalism, understanding others’ perspectives, courtesy, and acceptance of responsibility.

Section 3: Rules of conduct

10. Members of the House should act always on their personal honour. This means that they should observe the standards expected by the House as a whole of its members, obeying the spirit as well as the letter of this Code of Conduct: the expression of a clear willingness to breach the Code is a breach of this rule.

11. Behaviour that amounts to bullying, harassment or sexual misconduct is a breach of this Code.

12. New members or members returning from leave of absence or disqualification must arrange to attend one of the Behaviour Code seminars established by the House within three months of their introduction or return, unless they have previously attended such a seminar (including attending an equivalent seminar as a member of the House of Commons).

13. Members must:

(a) register in the Register of Lords’ Interests all relevant financial interests, in order to make clear what are the interests that might reasonably be thought to influence their parliamentary actions; and

(b) declare when speaking in the House, or communicating with ministers or public servants, any interest which is a relevant financial interest in the context of the debate or the matter under discussion.

14. The test of relevant financial interest is not whether a member of the House of Lords will be influenced by the interest, but whether the interest might be thought by a reasonable member of the public to influence the member’s parliamentary activities: in the case of registration, the member’s parliamentary activities in general; in the case of declaration, his or her activity on the particular matter under discussion. The Guide to the Code of Conduct sets out the categories of financial interests that must be registered and gives guidance on when financial interests must be declared.

15. Non-financial interests are not required to be registered or declared, but members may declare them if they consider them to be relevant to the matter under discussion.

16. Members are responsible for ensuring that their registered interests are accurate and up-to-date. They must notify any change in their relevant interests within one month of the change.

17. Members of the House must not:

(a) seek by parliamentary means to confer an exclusive benefit on an outside organisation or person in which they have a financial interest (e.g. salary, shareholding); or

(b) accept or agree to accept payment or other incentive or reward in return for providing parliamentary advice or services.

18. Subject to the exclusive benefit rule, members are not debarred from participating in proceedings in regard to which they possess relevant interests; but such interests must be declared clearly, and any conflict between the member’s personal interest and the public interest must be resolved at once in favour of the public interest.

19. Members must follow the rules agreed by the House on financial support for members or the facilities of the House.

Section 4: Criminal offences

20. This section applies to all aspects of members’ lives and regardless of their membership status.

21. A member who is arrested or charged in connection with a serious violent or sexual offence must at the first opportunity inform the Clerk of the Parliaments.

22. A member sentenced to imprisonment in the United Kingdom, whether the sentence is suspended or not, shall be deemed to have breached the Code. If the sentence does not engage the provisions of the House of Lords Reform Act 2014, a case shall be referred to the Conduct Committee for it to recommend a sanction.

23. A member sentenced to imprisonment outside the United Kingdom, whether the sentence is suspended or not, shall be referred to the Conduct Committee. The Committee will consider whether the member should be deemed to have breached the Code, and if the member is deemed to have breached the Code, the Committee will recommend a sanction.

Section 5: Enforcement

24. House of Lords Commissioners for Standards are appointed to investigate alleged breaches of the Code. Their investigations are conducted in accordance with the relevant Enforcement procedure.

25. If the Commissioner finds that a member has breached the Code, they may recommend a sanction. A member who has been found to have breached the Code has a right of appeal to the Conduct Committee against both the Commissioner’s findings and any recommended sanction. In a case of bullying, harassment or sexual misconduct, the complainant has a right of appeal to the Conduct Committee against the Commissioner’s findings.

26. The Conduct Committee, having considered any appeal, and where a complaint has been upheld having recommended an appropriate sanction, reports to the House. The decision whether to impose the most serious sanctions rests with the House.

27. In assessing, investigating and adjudicating allegations of breach of the Code, the Commissioner and the Conduct Committee must:

(a) act in accordance with the principles of natural justice and fairness; and

(b) recognise as a primary consideration the constitutional principle of freedom of speech in parliamentary proceedings.

28. Members must co-operate, at all stages, with any investigation into their conduct, or that of any member of staff they sponsor, by or under the authority of the House.

29. Members and complainants must respect the confidentiality of investigations. Members who are under investigation, and complainants in cases involving bullying, harassment or sexual misconduct, may seek support from close colleagues or advisers, including legal advisers, and may confidentially share information relating to the investigation with those colleagues or advisers as necessary; they should inform the Commissioner for Standards before doing so.

30. Members must not seek, directly or indirectly, to influence the consideration by a member of the Conduct Committee of a complaint of a breach of this Code.

Section 6: Advice and review

31. The Registrar of Lords’ Interests is available to advise members, and members are encouraged to seek that advice. A member who, having provided all relevant information, follows the advice of the Registrar in respect of the rules on registering and declaring interests, the exclusive benefit rule and the prohibitions on paid parliamentary advice or services satisfies fully the requirements of the Code of Conduct.

32. The Conduct Committee keeps the operation of the Code of Conduct, the Guide to the Code of Conduct and the Enforcement procedures under review. Recommended changes are reported to the House and take effect when agreed by the House.