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Friday 8 May 2009

"THE CODE OF CONDUCT FOR MEMBERS OF PARLIAMENT"

The Code of Conduct for members of Parliament is available online for the perusal of us mere taxpaying voters so I thought I'd take a look and see what guidance is given to our esteemed Lords and Masters.

Here's an interesting section (my emphasis and my comments)
"IV. General Principles of Conduct

7. In carrying out their parliamentary and public duties, Members will be expected to observe the following general principles of conduct identified by the Committee on Standards in Public Life in its First Report as applying to holders of public office.[1] These principles will be taken into consideration when any complaint is received of breaches of the provisions in other sections of the Code.

"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.

Surely all those MPs who have gained financially by the over-use of expense claims fall foul of this principle.


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.
Surely all Peers who are due an EU pension so long as they "uphold the interests of the European Communities" are in breach of this principle (you may want to read this article, this article and this article for more information about Lord Brittan of Spennithorne and "Lords" Kinnock and Mandelson


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.
I see some interesting questions that could be asked here of contracts being awarded to companies with family members in high positions or to companies where the Minister goes to work after retiring (forceably or otherwise)


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.
Unless they can use the FOI restrictions to prevent such disclosure.


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.
Unless they operate under a system of sofa cabinet and off-system emails.


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.
Too many examples, just too many examples; see my website over the last two years for examples.


Leadership
Holders of public office should promote and support these principles by leadership and example."
No comment necessary.


And now "V. Rules of Conduct" (my emphasis and my comments)

"9. Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest.
Does anyone believe this is followed?


10. No Member shall act as a paid advocate in any proceeding of the House.
EU pensions again?


11. The acceptance by a Member of a bribe to influence his or her conduct as a Member, including any fee, compensation or reward in connection with the promotion of, or opposition to, any Bill, Motion, or other matter submitted, or intended to be submitted to the House, or to any Committee of the House, is contrary to the law of Parliament.
No comment.


12. In any activities with, or on behalf of, an organisation with which a Member has a financial relationship, including activities which may not be a matter of public record such as informal meetings and functions, he or she must always bear in mind the need to be open and frank with Ministers, Members and officials.
No comment.


13. Members must bear in mind that information which they receive in confidence in the course of their parliamentary duties should be used only in connection with those duties, and that such information must never be used for the purpose of financial gain.
No comment.


14. Members shall at all times ensure that their use of expenses, allowances, facilities and services provided from the public purse is strictly in accordance with the rules laid down on these matters, and that they observe any limits placed by the House on the use of such expenses, allowances, facilities and services.

strictly in accordance!

15. Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public's trust and confidence in the integrity of Parliament and never undertake any action which would bring the House of Commons, or its Members generally, into disrepute."
No comment.


Interestingly, "The Categories of Registrable Interest" do not seem to include future pensions which I have mentioned above. However the following seems to cover the point more than adequately:
"Category 10

Miscellaneous: Any relevant interest, not falling within one of the above categories, which nevertheless falls within the definition of the main purpose of the Register which is "to provide information of any pecuniary interest or other material benefit which a Member receives which might reasonably be thought by others to influence his or her actions, speeches, or votes in Parliament, or actions taken in his or her capacity as a Member of Parliament," or which the Member considers might be thought by others to influence his or her actions in a similar manner, even though the Member receives no financial benefit. "


There even seems to be a clause to deal with future employment:
"PAST AND POTENTIAL INTERESTS

56. The rule relating to declaration of interest is broader in scope than the rules relating to the registration of interests in two important respects. As well as current interests, Members are required to declare both relevant past interests and relevant interests which they may be expecting to have. In practice only interests held in the recent past, i.e. those contained in the current printed edition of the Register, need normally be considered for declaration. Expected future interests, on the other hand, may be more significant. Where, for example, a Member is debating legislation or making representations to a Minister on a matter from which he has a reasonable expectation of personal financial advantage, candour is essential. In deciding when a possible future benefit is sufficiently tangible to necessitate declaration, the key word in the rule which the Member must bear in mind is "expecting". Where a Member's plans or degree of involvement in a project have passed beyond vague hopes and aspirations and reached the stage where there is a reasonable expectation that a financial benefit will accrue, then a declaration explaining the situation should be made. "



In fact the Code of Conduct seems to cover most of the bases, or rather it would if MPs and Peers were honourable people; unfortunately many seem to be anything other than honourable and so more stringent legislation is needed. I would like to see an end to the convention of calling MPs honourable, I for one would find that word sticking in my craw.

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