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Guide to the House of Lords Code of Conduct

Contents

Introduction
Purpose
Application
General principles of conduct
Rules of conduct
Criminal offences
Advice
Appendix – Behaviour Code

Introduction

1. This Guide explains the application of the House of Lords Code of Conduct and should be read alongside it. The House has adopted the Guide by resolution and the rules in it supplement those in the Code.

2. The procedures governing the Commissioners for Standards and the role of the Conduct Committee in considering cases are set out in the Enforcement procedures.

Purpose

3. The purpose of the Code states is to set the standards of conduct expected of members in their parliamentary activities and to provide the openness and accountability necessary to reinforce public confidence in the House and its members.

4. Members of the House of Lords have a wide range of outside interests and careers. The House thrives on their expertise and experience. The Code does not seek to curtail these interests or careers, nor discourage members from drawing on the knowledge and expertise so gained in their parliamentary activities.

5. It is thus permissible for a member of the House also to work in any non-parliamentary sphere of activity. Moreover, it is desirable that members, having declared their financial interests, should contribute to debate on issues to which their interests are relevant.

6. Accordingly, a member with a relevant interest is free to take part in the business of the House subject to:

  • the rules on registering and declaring interests (paragraphs 13–16 of the Code); and
  • the exclusive benefit rule and the rule on paid parliamentary services (paragraph 17 of the Code).

7. At the same time, in their parliamentary activities members are required to act solely in terms of the public interest. They should not act or take decisions in order to gain financial or other material benefits. Members have a responsibility to maintain a clear distinction between their outside financial interests and their parliamentary activities.

Application

8. Subject to the exceptions which follow, the rules in the Code and Guide apply to all aspects of members’ parliamentary activities, including their contributions to the core work of the House, their interactions with ministers and officials, and their behaviour towards those with whom they come into contact in the course of their parliamentary work or when on the parliamentary estate. A statement by a member on public-facing social media may also form part of their parliamentary activities if, taking account of all relevant factors, it is deemed to be related to membership of the House.

9. Ministers of the Crown who are members of the House of Lords are subject to the Code of Conduct in their capacity as members of the House. The Ministerial Code is subject to the enforcement process set out in it; it is not enforced by the House of Lords.

10. The rules on exclusive benefit and paid parliamentary advice and services (paragraph 17 of the Code) do not apply to ministers of the Crown. Gifts and hospitality received, and overseas travel undertaken, by ministers in their capacity as a minister are not registrable in the Register of Lords’ Interests.

11. The rules on exclusive benefit and paid parliamentary advice and services (paragraph 17 of the Code) do not apply to Lords Spiritual.

12. The Lord Speaker and the Senior Deputy Speaker are expected, during their period in office, not to have financial interests in categories 1, 4, 5 and 6.

13. A candidate for the office of Lord Speaker or Senior Deputy Speaker may ask the Conduct Committee for a derogation from the rule in the preceding paragraph in exceptional circumstances to enable them to retain one or more interests in these categories. The Committee may grant a derogation if it deems that requiring the member to give up the interest in question (a) is not necessary for them to perform the office effectively and impartially, and (b) would in all the circumstances be disproportionate.

14. Gifts received by the Lord Speaker in his capacity as Lord Speaker are not registrable in the Register of Lords’ Interests.

15. The rules on exclusive benefit and paid parliamentary advice and services (paragraph 17 of the Code) do not apply to members acting as counsel on behalf of clients before a committee of either House. Nor do they apply to members appearing personally or on behalf of outside organisations as witnesses before a committee of either House.

16. The exclusive benefit rule (paragraph 17(a) of the Code) does not apply to members and employees of public-sector organisations (whether commercial or non-commercial in character) in relation to those specific roles. The rules on paid parliamentary advice and services (paragraph 17(b) of the Code) do apply to them.

General principles of conduct

17. Section 2 of the Code set out general principles which guide members in their parliamentary activities.

18. Complaints will not be admitted based solely on alleged failure to adhere to the general principles. However, these principles are taken into consideration when investigating any alleged breach of the rules of conduct in section 3 of the Code.

Rules of conduct

Personal honour

19. Members are required to act always on their personal honour (paragraph 10 of the Code). The term “personal honour” has been explained by the Committee for Privileges:

“The term ‘personal honour’ has been used within the House for centuries to describe the guiding principles that govern the conduct of members; its meaning has never been defined, and has not needed definition, because it is inherent in the culture and conventions of the House. These change over time, and thus any definition of ‘personal honour’, while it might achieve temporary ‘legal certainty’, would quickly become out-moded … the term ‘personal honour’ is ultimately an expression of the sense of the House as a whole as to the standards of conduct expected of individual members … members cannot rely simply on their own personal sense of what is honourable. They are required to act in accordance with the standards expected by the House as a whole. ‘Personal honour’ is thus … a matter for individual members, subject to the sense and culture of the House as a whole.”[1]

20. A member who expresses a clear willingness to breach the Code demonstrates a failure to act on their personal honour, and is thus in breach of paragraph 10 of the Code.

Bullying, harassment and sexual misconduct

21. Behaviour in a member’s parliamentary activities that amounts to bullying, harassment or sexual misconduct is a breach of paragraph 11 of the Code. The definitions of these behaviours are below.[2] In considering a complaint of bullying, harassment or sexual misconduct the Commissioner may draw on the policies of the Independent Complaints and Grievance Scheme.[3]

Bullying

22. Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour involving an abuse or misuse of power that can make a person feel vulnerable, upset, undermined, humiliated, denigrated or threatened. Power does not always mean being in a position of authority and can include both personal strength and the power to coerce through fear or intimidation.

23. Like harassment, bullying can take the form of physical, verbal and non-verbal conduct. Bullying behaviour may be in person, by telephone or in writing, including emails, texts or online communications such as social media. It may be persistent or an isolated incident and may manifest obviously or be hidden or insidious. Whether conduct constitutes bullying will depend on both the perception of the person experiencing the conduct and whether it is reasonable for that person to have perceived the conduct as bullying.

Harassment

24. Harassment is any unwanted conduct that has the purpose or effect of either violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. All harassment, regardless of whether or not it relates to a protected characteristic, is covered by this definition.

25. Harassment may be persistent or an isolated incident and can either be manifest, hidden or insidious. It may take place in person, by telephone or in writing, including emails, texts or online communications, including social media.

26. Harassment can be intentional or unintentional. It can occur where A engages in conduct which has the effect of violating B’s dignity or creating an intimidating, hostile, degrading or offensive environment for B, even if A didn’t intend this. Whether conduct constitutes harassment will depend on both B’s perception and whether it is reasonable for B to have perceived A’s conduct in that way.

27. A person may also be harassed even if they were not the intended ‘target’ of harassment.

Sexual misconduct

28. Sexual misconduct incorporates a range of behaviours including sexual assault, sexual harassment, stalking, voyeurism and any other conduct of a sexual nature that is non-consensual or has the purpose or effect of threatening, intimidating, undermining, humiliating or coercing a person.

Behaviour Code seminars

29. New members and 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. This does not apply to those who have previously attended such a seminar (including attending an equivalent seminar as a member of the House of Commons). If the Lords ICGS Lead becomes aware of a failure by a new or returning member to arrange to attend a seminar, and the member declines to rectify the situation, they refer the matter to the Commissioner for Standards.

Registration and declaration of interests: general

30. The House has two methods for the mandatory disclosure of relevant financial interests: registration of interests in a published Register; and declaration of interest in debate in the House and in other contexts (including when communicating with ministers).

31. The purpose of the Register is to provide openness and accountability on a continuing basis of financial interests held by members that are relevant to their parliamentary activities in general. All financial interests in the categories described below that exceed the specified thresholds are generally relevant and must be registered.

32. The purpose of declaration of interests is to ensure that fellow members of the House, ministers, officials and the public are made aware, at the point at which the member participates in proceedings of the House or communicates with ministers or officials, of any interest that is relevant to the particular matter under discussion.

33. The test of a relevant financial interest is whether it might be thought by a reasonable member of the public to influence the member. A “reasonable member of the public” means an impartial and well-informed person, who judges all relevant facts objectively.

34. Given the wide range of issues that may be the subject of debate, the duty imposed on members in respect of declaration is in some respects broader than that in respect of registration. For example, a financial interest falling below the threshold for registration may, if relevant to the matter under discussion, be declarable. Members are under no obligation to speak in the House, or to communicate with ministers or public servants, on any particular matter. Thus the duty to declare relevant financial interests is ultimately subject to the member’s decision to speak in a debate or write to a minister or public servant.

Registration of interests

35. Members are required to register in the Register of Lords’ Interests all relevant financial interests.

36. There are seven categories of registrable interest, described below. Only financial interests are registrable.

37. Members are required to submit a completed registration form to the Registrar of Lords’ Interests within one month of taking their seat. Members returning from leave of absence are required to register their interests within one month of their return or, if they have not taken the oath in that Parliament, within one month of taking the oath.

38. Members are responsible for notifying changes in their registrable interests within one month of each change occurring.

39. Any member having a registrable interest which has not been registered may not participate in any proceeding of the House (save voting) to which the interest would be relevant until they have registered the interest. If a member votes in a division where they have a relevant interest which they have yet to register, they must register the interest within 24 hours of the division.

40. Members are responsible for making a full disclosure of their interests. If they have relevant financial interests which do not fall clearly into one or other of the specific categories, they are expected to register them under category 7 (miscellaneous financial interests).

41. Registration of a spouse or partner’s interests is required in categories 5 and 6 in certain cases. The interests of a relative or friend are not registrable.

42. All interests stay on the Register for one year after the date on which the interest ceased. In category 5, this means one year from the date of the visit. In category 6, this means one year from the date of receipt of the gift, benefit or hospitality.

Value of registrable interests

43. All single benefits which exceed £1,000 in value should be registered in the appropriate category (unless a different threshold is specified in the relevant category). Multiple benefits from the same source in a calendar year, which cumulatively exceed £1,000 in value (or, in the case of category 6, £300), should be registered. If there is uncertainty as to whether a single benefit or cumulative benefits exceed the threshold, members should err on the side of registration.

44. Financial interests below £1,000 in value may be declarable (see paragraph 34).

Publication of the Register

45. The Register is updated daily when the House is sitting and is published online at parliament.uk/hlregister.

46. Previous versions of the Register are online.

Role of the Registrar of Lords’ Interests

47. The Registrar of Lords’ Interests maintains the Register. Members are encouraged to contact the Registrar by email: lordsregistrar@parliament.uk.

48. Members are expected to respond to the Registrar’s annual audit notice within four weeks. Reminders will be sent but, irrespective of any such reminder, it is a breach of the Code not to respond to the annual audit notice within six weeks of its original sending.

Categories of registrable interest

Category 1: Remunerated employment etc.

Employment, office, trade, profession, vocation or directorship which is remunerated or in which the member has any pecuniary interest.

49. The following should be registered in this category:

  • all provision of services outside the House in return for payment;
  • occasional income from speeches, lecturing, broadcasting, royalties, journalism or freelance work;[4]
  • being a remunerated partner in a partnership or limited liability partnership;
  • remunerated directorships in public and private companies, including non-executive directorships, and directorships which are not directly remunerated but where remuneration is paid through another company in the same group;
  • remunerated directorships of companies which are not trading;
  • membership of Lloyd’s.

50. When making an entry in this category, members should register the name of the employer, company or source of the payment, the nature of its business (where this is not self-evident) and the type of work carried out.

51. “Remuneration” includes salaries and fees, and the receipt of taxable expenses, allowances or benefits, such as the provision of a company car.

52. Members who have paid posts as consultants or advisers should indicate the nature of the consultancy or advice given, for example “management consultant”, “legal adviser” or “public affairs consultant”.

53. Pensions are not registrable (save for identifiable holdings in self-invested personal pensions—see paragraph 59).

54. While clients of companies for which members work or hold a directorship, and clients of members in professional practice, must be declared in relevant circumstances (see paragraph 80), they do not need to be registered except where:

(a) the company is a personal service company;[5] or

(b) the member personally provides services to the client and the client is (i) a government of a foreign state (including departments and agencies), (ii) an organisation which may be thought by a reasonable member of the public to be foreign state-owned or controlled, or (iii) an individual with official status (whether executive, legislative or judicial) in a foreign state when acting in that capacity.

55. Members providing legal and arbitral services need to register the identity of registrable clients and parties under this category only once (a) the identity of the client or party has entered the public domain or (b) they have been paid for the work (wholly or in part), whichever comes first.

56. The level of remuneration in respect of interests falling within this category needs to be disclosed only where it is received from (i) a government of a foreign state (including departments and agencies), (ii) an organisation which may be thought by a reasonable member of the public to be foreign state-owned or controlled, or (iii) an individual with official status (whether executive, legislative or judicial) in a foreign state when acting in that capacity.

57. Although members may consult the Registrar on whether an organisation or individual meets the definitions in paragraphs 54 and 56, they must themselves take the final decision and in case of doubt should err on the side of registration.

58. Where earnings are registrable they should be disclosed once in respect of each financial year, no later than 31 January following the end of that financial year. Members may disclose the exact amount received from each source or indicate within which of the following bands their earnings from each source falls: £0–5,000; £5,001–10,000; £10,001–20,000; in further increments of £10,000 up to £100,000; or £100,001–200,000 and thereafter in £100,000 increments. Where members have undertaken the work with others, they should estimate the value of their own contribution or disclose the total amount paid by the client.

Category 2: Shareholdings etc.

Any shareholding either (a) amounting to a controlling interest, or (b) not amounting to a controlling interest but exceeding £100,000 in value; (c) any private equity investment worth more than £100,000 or constituting more than 10 per cent of the fund or investment; and (d) any corporate debt security with a value exceeding £100,000.

59. Subject to the thresholds specified above, the following should be registered in this category:

  • shareholdings in any public or private company (including those held jointly or on behalf of the member’s spouse, partner or dependent children);
  • share options;
  • private equity investments;
  • corporate debt securities;
  • registrable holdings in a trust of which the member is a beneficiary (including being a discretionary beneficiary);
  • identifiable registrable holdings in a self-invested personal pension fund.

60. Entries in this category should state the name of the company, fund or investment, and briefly indicate the nature of the company’s business or the investment, where this is not self-evident.

61. The value of a shareholding is determined by the market price of the share at the time it is first registered, and thereafter by the market price on 5 April. This means that after Register entries relating to shareholdings are first registered they need to be updated only once a year, within one month of 5 April. The Registrar should however be informed of the purchase or disposal of registrable shareholdings within one month of the date of the purchase or sale. If the market price cannot be ascertained (e.g. because the company is unquoted and there is no market in the shares), the member should decide whether to register it based on its estimated value.

62. The following are not registrable:

  • the value of the shares etc. or the percentage of shares in a company that are owned;
  • holdings of UK and other governments’ stock, gilts, bonds, premium bonds, national savings, etc;
  • holdings in a blind trust;
  • holdings in a collective investment vehicle (including unit trusts, investment trusts and investment companies with variable capital);
  • holdings in companies the purpose of which is to own the freehold of a personal residence of a member.

Category 3: Land and property

Any land or property (a) which has a capital value of more than £500,000 (but excluding any personal residences), or (b) from which an income of more than £10,000 a year is derived.

63. Only the nature of the property and a general indication of its location should be included (e.g. “farm in Norfolk”, “flat in Birmingham from which rental income is received”).

64. Identifiable registrable land holdings in a self-invested personal pension fund should be included.

65. The following are not registrable:

  • the value of the property and the amount of income received;
  • property used for personal residential purposes, unless it falls under category 3(b);
  • land or property owned by a company and not the member.

Category 4: Sponsorship

Any form of financial or material support received as a member of the House of Lords, the value of which amounts to more than £1,000, from a single source, whether as a single donation, multiple donations or services in kind.

66. This category covers sponsorship or other forms of support by companies, trade unions, professional bodies, trade associations, charities, universities, other organisations and individuals. It covers any support from which the member receives financial or material benefit as a member of the House of Lords.

67. The types of support which should be registered include the services of a research assistant or secretary whose salary is (wholly or partly) met by an outside organisation or individual; and the provision of accommodation.

Category 5: Overseas visits

Overseas visits made by the member or the member’s spouse or partner substantially arising out of membership of the House, except where the cost of the visit was wholly borne by the member or by United Kingdom public funds.

68. Members should register the date, destination and purpose of the visit, and the name of the government, organisation or individual which met the cost. Where only part of the cost was met by an outside source (for example the cost of accommodation but not travel), those details should be stated briefly.

69. If an overseas visit was arranged by a registered all-party parliamentary group or a party backbench group, the government, organisation or person ultimately meeting the cost should be specified. It is not sufficient to name the group as the sponsor of the visit.

70. The following categories of visit, together with any associated hospitality available to all participants, are not registrable:

  • visits paid for by, or undertaken on behalf of, His Majesty’s Government, or which are made on behalf of an international organisation of which the United Kingdom Government is a member;
  • visits abroad with, or on behalf of, a select committee of the House, including a joint committee;
  • visits undertaken on behalf of, or under the auspices of, the Commonwealth Parliamentary Association, the Inter-Parliamentary Union, the British–Irish Parliamentary Assembly, the British–American Parliamentary Group, the Council of Europe, the Westminster Foundation for Democracy, the NATO Parliamentary Assembly, the OSCE Parliamentary Assembly, the UK–EU Parliamentary Partnership Assembly, the Armed Forces Parliamentary Scheme or the Industry and Parliament Trust;
  • Peers’ Representative Travel, paid for by the House of Lords Inter-Parliamentary Relations Office;
  • official travel by the Lord Speaker or his representative;
  • visits to European Union parliaments and institutions paid for by the House on the authority of the Clerk of the Parliaments;
  • visits arranged and paid for wholly by a UK-registered political party;
  • visits which do not substantially arise out of membership of the House (e.g. those made as part of the member’s employment or profession).

Category 6: Gifts, benefits and hospitality

Any gift to the member or the member’s spouse or partner, or any other material benefit or hospitality, of a value greater than £300, from any company, organisation or person, within the UK or overseas, which relates substantially to membership of the House.[6]

71. Any gift, benefit or hospitality which relates substantially to membership of the House, and which is given free of charge or provided at a cost below that generally available to members of the public, should be registered if the value or potential value of the gift etc exceeds £300.

72. Benefits include loans, tickets to cultural and sporting events, hospitality, travel and accommodation upgrades.

73. Gifts etc from the same source in a calendar year which cumulatively are of a value greater than £300 should be registered, even if each single gift etc is of lesser value.

74. The date of receipt should be registered.

75. The following are not registrable:

  • a gift, benefit or hospitality available to all members;
  • a gift donated to charity within one month of receipt;
  • hospitality provided by His Majesty’s Government, a devolved institution in Scotland, Wales or Northern Ireland, the Greater London Authority, combined authorities, local authorities, non-departmental public bodies or health authorities;
  • hospitality received as part of a select or joint committee visit.

76. Opposition spokespeople should register gifts, benefits and hospitality in the same way as other members.

Category 7: Miscellaneous financial interests

Any relevant financial interest not falling within one of the above categories, but which might be thought by a reasonable member of the public to influence a member’s parliamentary activities.

77. This category is for members to register financial interests of a value greater than £1,000 which are relevant to their parliamentary activities in general but which do not obviously fall within any of the other categories. The advice of the Registrar should be sought before registering any interest in this category.

Declaration of interests

78. The Code states that members must “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.”

79. “Speaking in the House” includes participation in the work of select committees of the House. “Public servants” includes servants of the Crown, civil servants, employees of government agencies or non-departmental public bodies, and members, officers and employees of local authorities or other governmental bodies.

80. Members must declare any client of their own, or any client of an organisation in which they have a financial interest if they might reasonably be expected to know that it is a client, if the activities or interests of that client are relevant to the matter under discussion. If a member feels unable to declare a client due to a duty of confidentiality, the member should not participate in proceedings or correspond with ministers or officials regarding matters potentially affecting that client.

Form of declaration

81. Members should declare financial interests briefly, usually at the beginning of their speech. They should not take up time by making lengthy declarations of interests. If a member has multiple relevant interests it suffices for the declaration to indicate the nature of the interests.

82. Declarations should wherever possible be specific, without requiring reference to other documents.

83. Members should not make a declaration simply by referring to “my interests in the Register”. This applies to all proceedings.

84. Members should not declare trivial or irrelevant interests. The test of relevance is “whether the interest might be thought by a reasonable member of the public to influence the member’s parliamentary activities” (Code, paragraph 14). The test of whether to declare is set by the Code and not what other members declare in debate.

85. For proceedings in the House the subject-matter against which the relevance of an interest is judged is normally the item of business as it appears on the order paper.

86. In the case of a bill, the subject-matter is the bill as a whole. A full declaration of any financial interests relevant to a bill should be made at the member’s first intervention at each stage of the bill’s progress. Repetition of declarations within committee and report stage is unnecessary. There may however be circumstances in which a further declaration is appropriate, for example if a financial interest which is tangential to the bill as a whole nevertheless has strong relevance to a particular amendment.

Future interests

87. Declarable interests are usually current financial interests, but they may occasionally include relevant future financial interests. A relevant future interest is declarable if the member’s expectation has passed beyond vague hope or aspiration and reached the stage where there is a clear prospect that the interest will shortly arise.

Former interests

88. A former financial interest may exceptionally be declarable if it is recently held and might be thought to continue to influence the member in respect of the particular matter under discussion.

Declaration of non-financial interests

89. Members are not required to declare non-financial interests but may do so if the member considers a non-financial interest to be relevant to the matter under discussion and if time allows.

Select committees

90. A member serving on a select committee should declare financial interests relevant to an inquiry or other activity undertaken by that committee. The declaration should be made in writing to the committee clerk, and orally the first time the member speaks in public in the inquiry. A list of declared financial interests is published as an appendix to the committee’s report.

91. The principles on participation, described in paragraphs 4–7, apply to participation in the work of select committees.

92. Further advice on declaring financial interests in select committee work should be sought from the committee clerk in the first instance.

Written notices

93. Members are required to notify the Table Office of any relevant registered interest when tabling:

  • questions (for oral answer, written answer or for short debate);
  • motions (including motions relating to legislation and amendments to motions).

94. When such an interest exists, the symbol “[I]” appears after the member’s name in House of Lords Business. The Table Office arranges for publication of the specific interest on the online version of House of Lords Business.

95. If a member has a registrable interest which is yet to be registered, and wishes to table business to which that interest is relevant, the member should register the interest before tabling the business.

96. An indication in House of Lords Business and on the order paper of the existence of a relevant registered interest does not affect a member’s duty to declare relevant interests orally in the House or in Grand Committee.

Exclusive benefit rule

97. Paragraph 17(a) of the Code states that members “must not 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)”.

98. The ‘exclusive benefit’ rule means, for example, that a member who was paid by a pharmaceutical company would be barred from seeking to confer benefit exclusively on that company by parliamentary means. “Parliamentary means” in this context refers to parliamentary proceedings. All proceedings are included, for instance:

  • tabling a motion or an amendment to legislation;
  • voting in a division;
  • speaking in debate;
  • asking a written or oral question; and
  • deliberation in a select committee or other body appointed by the House or one of its committees.

99. The nature of the “exclusive benefit” is interpreted narrowly. The same member may participate in proceedings on matters relevant to, for instance, the pharmaceutical sector as a whole; National Health Service spending on drugs; or Government policy on drug licensing and patents.

100. “Outside organisation” includes clients of such an organisation.

101. A member who has a financial interest in a representative organisation (such as a trade association, trade union, staff association, professional body or issue-related lobby group) may not by parliamentary means confer an exclusive benefit on that organisation or the interest that it represents; nor by parliamentary means support a campaign exclusively for the benefit of the representative organisation or its membership (e.g. a campaign for special tax relief, or for a specific programme of development). The member may, however, by parliamentary means support a campaign that is of interest to the representative organisation, but which would also have benefits significantly beyond the sector which it represents, provided that they declare their interest.

Parliamentary advice and services

102. Paragraph 17(b) of the Code states that members must not “accept or agree to accept payment or other incentive or reward in return for providing parliamentary advice or services”.

103. The prohibition on paid parliamentary advice means that members may not advise outside organisations or persons on process in return for payment or other reward, for example how they may lobby or otherwise influence the work of Parliament. The following is not parliamentary advice:

  • advice on public policy and current affairs;
  • advice in general terms about how Parliament works; and
  • media appearances, journalism, books, public lectures and speeches.

104. The prohibition on paid parliamentary services means that members may not accept, or agree to accept, payment or other reward in return for doing or not doing something in the course of their parliamentary activities.

105. In this context, “parliamentary activities” include:

(a) participation in any parliamentary proceeding;

(b) all types of interaction with members of either House, ministers or officials; and

(c) ancillary services such as setting up an all-party parliamentary group, hosting a parliamentary reception or sponsoring a security pass.

106. Members may on occasion provide parliamentary advice or services to an organisation or person in which they have a financial interest, provided they can demonstrate that the following two conditions are met.

  • They do not receive payment or benefit in return for the provision of parliamentary advice or services. They should, if challenged, be able clearly to show that the payment or benefit is provided in return for some non-parliamentary advice or service which they provide; and they should, where possible, ensure that contractual agreements specifically exclude the provision of parliamentary advice or services as part of the role.
  • The payment or benefit which the member receives is not substantially due to membership of the House, but is by reason of personal expertise or experience gained substantially outside the House; and they were, or would have been, appointed to the position without being a member of the House.

107. Members may have financial interests in organisations such as representative bodies, trade associations or organisations involved in parliamentary lobbying on behalf of clients (such as public relations and law firms). However, members are prohibited from offering parliamentary advice or services to clients, directly and indirectly.

Financial support for members

108. The House of Lords Commission is responsible for the rules on financial support for members.

109. The rules are in the Guide to Financial Support for Members. Paragraph 19 of the Code states that members must “follow the rules agreed by the House on financial support for members”. A breach of such rules therefore constitutes a breach of the Code.

110. A member may seek the written advice of the Finance Director before determining what use to make of the scheme of financial support. The responsibility for deciding what use to make of the scheme rests with the member concerned.

Use of House facilities

111. The domestic committees are responsible for proposing rules on the use by members of facilities provided by the House. The key rules are reported to and agreed by the House. Paragraph 19 of the Code states that members must “follow the rules agreed by the House on … the facilities of the House.” A breach of such rules therefore constitutes a breach of the Code.

112. The rules on the use of facilities which have been agreed by the House[7] are in the Handbook on facilities and services for members and their staff. This identifies an official who can advise on what use a member may make of each facility. A member who acts on such advice satisfies fully the requirements of the Code.

Criminal offences

113. A member who is sentenced to imprisonment indefinitely or for more than one year ceases to be a member of the House[8] and is no longer subject to the Code.

114. The following paragraphs apply where a member who has been sentenced to imprisonment continues to be a member of the House and therefore remains subject to the Code.

115. A member sentenced to imprisonment in the United Kingdom, whether the sentence is suspended or not, is deemed to have breached the Code. If the sentence does not engage the provisions of the House of Lords Reform Act 2014, the case is referred to the Conduct Committee for it to recommend a sanction. The Committee may defer its consideration of a sanction if an appeal is lodged in the courts.

116. A member sentenced to imprisonment outside the United Kingdom (whether the sentence is suspended or not) is referred to the Conduct Committee. The Conduct Committee considers whether the member should be deemed to have breached the Code and, if so, what sanction to recommend. The Committee will consider whether the offence for which the member was convicted is a criminal offence in the United Kingdom and whether the judicial system in the country concerned is such that the trial can be considered fair. The member has the right to make representations to the Committee, and the Committee may take other evidence. If the sentence is for imprisonment for a term of more than one year, the Committee will defer its consideration of the case until any motion in the House that the member should cease to be a member is disposed of.

117. These provisions apply regardless of whether the member was a member of the House at the time of the offence, but only to sentences imposed after a member’s introduction.

Advice

118. The Registrar of Lords’ Interests advises members on the application of the Code and Guide. No written guidance can provide for all circumstances: when in doubt members should seek the advice of the Registrar.

119. A member who, having provided all relevant information, follows the advice of the Registrar in respect of the rules on registering and declaring interests (paragraphs 13–16 of the Code), the exclusive benefit rule (paragraph 17(a)) and the prohibitions on paid parliamentary advice or services (paragraph 17(b)) satisfies fully the requirements of the Code.

Footnotes

Footnotes are numbered as per the PDF version (pdf, 881KB).

  1. Committee for Privileges (2nd report, 2008–09, HL Paper 88).

  2. These definitions, which apply across Parliament, are taken from the Independent Complaints and Grievance Scheme’s Bullying and Harassment Policy for UK Parliament (pdf, 255KB) and Sexual Misconduct Policy for UK Parliament (pdf, 278KB).

  3. Bullying and Harassment Policy for UK Parliament (pdf, 255KB); Sexual Misconduct Policy for UK Parliament (pdf, 278KB).

  4. Fees which are donated to another person, or to a charitable or community organisation, must be registered but the donation may be noted in the Register entry.

  5. The term ‘personal service company’ is not defined in law, but for the purposes of this Code the definition adopted by the House of Lords Select Committee on Personal Service Companies applies: “It is understood generally to mean a limited company, the sole or main shareholder of which is also its director, who, instead of working directly for clients, or taking up employment with other businesses, operates through his company. The company contracts with clients, either directly or through an agency, to supply the services of its director.”

  6. Further guidance on accepting gifts, benefits and hospitality is in the report from the Committee for Privileges and Conduct, Guidance to members on accepting gifts, benefits and hospitality (1st report, session 2015–16, HL Paper 14).

  7. House Committee, Banqueting rules (1st report, session 2014–15, HL Paper 8) and Rules Governing the Use of Facilities (2nd report, session 2009–10, HL Paper 47).

  8. House of Lords Reform Act 2014, section 3. In the case of a conviction outside the United Kingdom, a resolution of the House is necessary to give effect to the expulsion.