Review of the Code of Conduct and the Guide to the Code of Conduct (4th Report, HL Paper 66, Session 2024–25)
The House of Lords Conduct Committee's comprehensive review of the Code of Conduct for members and its accompanying Guide, published January 2025. It proposes amendments to the ethics and conduct framework governing peers, including rules on personal honour, bullying, harassment, lobbying, and registration of interests.
Ordered to be printed 15 January 2025 and published 23 January 2025
Published by the Authority of the House of Lords
HOUSE OF LORDS
Conduct Committee
4th Report of Session 2024–26
HL Paper 66
Review of the Code
of Conduct and the
Guide to the Code of
Conduct
Conduct Committee
The Conduct Committee reviews and oversees the Codes of Conduct and the work of the
House of Lords Commissioner for Standards. Recommended changes to the Codes are reported
to the House and take effect when agreed by the House.
Membership
The Members of the Conduct Committee are:
Cindy Butts (lay member)
Mark Castle (lay member)
Andrea Coomber (lay member)
Dr Vanessa Davies (lay member)
Lord Garnier
Baroness Kidron
Baroness Mallalieu
Baroness Manningham-Buller (Chair)
Lord Scriven
Address: The Clerk to the Conduct Committee, House of Lords, London SW1A 0PW
Email: lordsconduct@parliament.uk
Telephone: 020 7219 3325
Website: https://committees.parliament.uk/committee/402/conduct-committee
Registrar of Lords’ Interests
The Registrar of Lords’ Interests advises members of the House and their staff on their obligations
under the Codes of Conduct.
Address: The Registrar of Lords’ Interests, House of Lords, London SW1A 0P
Email: lordsregistrar@parliament.uk
Telephone: 020 7219 3112/3120
Registers of Interests
A list of interests of members and their staff can be found online:
https://members.parliament.uk/members/lords/interests/register-of-lords-interests
Commissioners for Standards
The independent Commissioners for Standards are responsible for considering any alleged breaches
of the Codes of Conduct.
Address: The Commissioners for Standards, House of Lords, London SW1A 0PW
Email: lordsstandards@parliament.uk
Telephone: 020 7219 7152
Website: https://www.parliament.uk/hl-standards
Independent Complaints and Grievance Scheme helpline
Telephone: 0808 168 9281 (freephone)
Email: support@ICGShelpline.org.uk
Chapter 1Introduction 3
Chapter 2: General issues 5
Reputational damage 5
‘Parliamentary activities’ and public-facing social media 6
Membership of the Conduct Committee 7
Natural justice 8
Standing Order 68 10
Chapter 3: The Code of Conduct and Guide to the Code of Conduct:
key changes 11
Section 1: Purpose and application 11
Section 2: General principles and conduct 11
Section 3: Rules of conduct 12
Personal honour 12
Bullying, harassment and sexual misconduct 12
Registration and declaration of relevant financial interests 13
Other rules 14
Section 4: criminal offences 15
Section 5: Enforcement 15
Section 6: Advice and review 16
The Code of Conduct for House of Lords Members’ staff 16
Chapter 4: Enforcement procedures 17
Introduction 17
Changes to the enforcement procedures 17
Minor cases procedure 18
Annex 1: Revised Code of Conduct for Members of the House of
Lords 20
Annex 2: Revised Guide to the Code of Conduct 24
Annex 3: Enforcement procedure (general) 40
Annex 4: Enforcement procedure (bullying, harassment and sexual
misconduct) 49
Annex 5: Revised Code of Conduct for House of Lords Members’
Staff 59
Appendix 1: List of members and declarations of interest 63
Appendix 2: List of witnesses 64
Appendix 3: Call for evidence 67
CONTENTS
Page
Review of the Code of Conduct and
the Guide to the Code of Conduct
CHAPTER 1: INTRODUCTION
1. The Conduct Committee launched a comprehensive review of the Code
of Conduct—the first since 2009—on 27 March 2024. Our intention
was to complete the review and publish our recommendations before the
committee’s reappointment at the end of January 2025, and despite the two-
month delay caused by the general election campaign we have adhered to
that timetable.
2. We received 54 written submissions, held five private oral evidence sessions
with 10 witnesses, and initiated a Grand Committee debate on the review
on 8 October, in which 12 members took part. A list of contributors to the
review is in Appendix 2: we are grateful to all of them.
3. The goal of the review 1 was “to shorten and clarify the Code and Guide
where possible”, while upholding the Code’s twin objectives: to “provide
guidance for members of the House of Lords on the standards of conduct
expected of them”, and to “reinforce public confidence in the way in which
members of the House of Lords perform their parliamentary duties”.2
4. These two objectives, which derive from the findings of the Committee on
Standards in Public Life, 3 are as relevant now as in 2001, when they were
first adopted by the House.4 The Code and Guide face two ways: they help
members by describing the standards of conduct members set for themselves,
which in turn underpin the House’s culture of self-regulation; and they
reinforce public confidence in the House by ensuring appropriate levels of
openness, transparency, and accountability. The House is self-regulating,
but it exists to serve the public.
5. It follows that the Code and Guide need enforceable rules as well as general
principles. There is, for instance, a legitimate public expectation that members
of the House should register financial interests that might influence their
parliamentary work, and transparency requires that the various categories of
registrable interest be clearly defined. As a result, some length and complexity
are unavoidable. We have concluded that the best way to combine clarity
with the required detail is to retain the present combination of a relatively
short Code and a more detailed accompanying Guide.
6. Despite these constraints, we have succeeded in significantly shortening and
simplifying the Code and Guide:
• The word-count of the proposed new Code of Conduct has been cut by
30%, from just under 2,500 to just over 1,700 words.
1 The call for evidence was sent to all members of the House of Lords and published online at https://
committees. parliament.uk/call-for-evidence/3397 .
2 Code of Conduct for Members of the House of Lords , Thirteenth edition, 2023, paragraph 3
3 See the Committee on Standards in Public Life, Seventh Report, Standards of Conduct in
the House of Lords (Cm 4903-I), paragraph 4.28: https://assets.publishing.service.gov.uk/
media/5a7dba09ed915d2acb6edc69/7thFull_Report.pdf .
4 See the House of Lords Journal, 2 July 2001.
4 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
• We have split the current Guide into three documents. The new Guide,
which provides commentary on the Code and sets out the rules with
which members are required to comply, is 45% shorter in word-count
than the comparable paragraphs of its predecessor.
• We have proposed two separate documents on Enforcement procedure
(general) and Enforcement procedure (bullying, harassment and
sexual misconduct). These documents will be published online and
the relevant document provided to members and complainants as
appropriate.
• The structure and lay-out of the Code have been overhauled,
establishing a clearer and more consistent distinction between general
principles of conduct and the enforceable rules of conduct.
7. We have also considered “whether any other changes are needed, in the light
of developments” since the present Code was agreed in 2009. These wider
issues are addressed in Chapter 2 of this report. The key changes embodied
in our proposed Code and Guides are outlined in Chapter 3, while Chapter
4 summarises key changes to enforcement procedures.
8. We have annexed the following documents to this report:
• A revised Code of Conduct for Members of the House of Lords;
• A revised Guide to the Code of Conduct;
• Two new documents on enforcement procedures, one covering general
complaints, the other complaints relating to bullying, harassment and
sexual misconduct;
• A revised Code of Conduct for House of Lords Members’ Staff.
9. By agreeing to this report the House will agree to these documents. The
new Codes and Guide will then come into force with effect from 5 April,
though any investigations into conduct already under way will continue
and be completed under the rules in force at the date the investigation was
launched.
10. Any further recommendations to change any of these documents would, as
currently, be reported to the House, and would not take effect without the
House’s agreement. While it is of course possible that further changes will
be required, our intention is to keep them to a minimum, to provide the
greatest possible stability and clarity to members and the public.
11. We invite the House, by agreeing to this report, to agree the following
documents annexed to it, to come into force on 5 April 2025:
• the revised Code of Conduct for Members of the House of Lords;
• the Guide to the Code of Conduct;
• the Enforcement procedure (general);
• the Enforcement procedure (bullying, harassment and sexual
misconduct); and
• the Code of Conduct for House of Lords Members’ Staff.
5RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
CH APTER 2: GENERAL ISSUES
Reputational damage
12. O
ur call for evidence asked whether there should be a rule to the effect that
behaviour causing significant reputational damage to the House should be
a breach of the Code. This is not a new question: it has been considered
several times over the last decade, but there has been no agreement on how
to introduce a sufficiently clear rule without unwarranted interference in
members’ non-parliamentary or private lives.
13.
I
t is important to acknowledge that there is a significant overlap between
the issues that might be covered by a reputational damage rule and the
longstanding but still vital rule that members “should act always on their
personal honour”. The term ‘personal honour’ was defined by the Committee
for Privileges in 2009, and its definition remains in the Guide:
“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.”
5
14. O ver the years, the ‘personal honour’ rule has been deployed in cases where
members have committed egregious breaches of the standards of conduct
expected by the House, which did not engage other specific rules in the
Code. For example, ‘personal honour’ was the basis for the House’s decisions
in 2009, following the Sunday Times ‘sting’ on four members of the House,
and again in 2020, when the House agreed the Conduct Committee’s
recommendation that Lord Ahmed be expelled from the House.
6
15. T hus ‘personal honour’ already embodies some of what advocates of a
‘reputational damage’ rule seek to address. But the application of ‘personal
honour’, like that of the entire Code, has hitherto been limited to members’
parliamentary activities. It does not authorise the House to act in cases of
alleged egregious misbehaviour in members’ non-parliamentary lives. It
follows that the question of ‘reputational damage’ is tied to the extent of the
Code’s application.
16.
H
aving again carefully considered this issue we have concluded that it would
not be appropriate to widen the application of the Code generally beyond
members’ parliamentary activities. There are important differences between
membership of the House of Lords and that of other legislatures. Membership
of the House of Lords does not constitute employment and is not salaried,
and many members pursue active careers and interests outside the House.
Some of these members may contribute only occasionally to the work of the
House, but if they bring experience and expertise they have accumulated
outside the House to bear, for instance on scrutiny of legislation, they add
5 Guide to the Code of Conduct for Members of the House of Lords , Thirteenth edition, 2023, paragraph 7.
The words derive from the Committee for Privileges, 2nd report of Session 2008–09, HL Paper 88-I,
paragraphs 28–29.
6 Conduct Committee, The conduct of Lord Ahmed (6th Report of Session 2019–21, HL Paper 170). Lord
Ahmed resigned his membership of the House before the report was agreed.
6 RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
real value. It would in our view be disproportionate for the House to seek to
regulate members’ wider public lives, still more their private lives.
‘Parliamentary activities’ and public-facing social media
17. n o
twithstanding our conclusions on reputational damage, the status that
comes with membership of the House has implications for many areas of
members’ lives that are not part of the core work of the House. This is already
the case, in that the Code of Conduct covers various activities which are
always regarded as ‘parliamentary’, such as communications with ministers
or officials, or interactions with others on the parliamentary estate.
18.
T
he distinction between ‘parliamentary’ and ‘non-parliamentary’ gives rise
to particular confusion in cases involving members’ use of public-facing
social media platforms such as X and BlueSky. This risk is highlighted
in the social media guidance for members, agreed by the House of Lords
Commission, which states: “Your status as a member of the House will
increase your profile and potential impact. You will be seen as representing
the UK Parliament even when you use social media in a personal capacity.”
7
19. T he Commissioners often dismiss complaints relating to social media use
after a preliminary assessment, without a formal investigation, both because
use of social media is not usually regarded as a ‘parliamentary activity’, and
because members’ “views and opinions” are not within the Commissioners’
remit.
20.
I
n one recent case, on the other hand, a member’s comments on social media
were deemed to be ‘parliamentary’. This case, which involved allegations of
bullying, was resolved by mutual agreement, and therefore never came to
the Conduct Committee. The Commissioner determined that the member’s
social media posts were in this instance parliamentary, because the online
exchanges between the member and the complainant were “directly linked
to their interaction … at an event that took place in the House of Lords”.
8
21
. T
hus the demarcation between members’ parliamentary and non-
parliamentary activities on public-facing social media is not necessarily
clear-cut. The specific circumstances of the case—including but not limited
to the relationships between those involved, the existence of a connection
to events taking place on the parliamentary estate, or the way in which the
member’s status as a member of the House is advertised—may mean that
there is a ‘parliamentary’ dimension to members’ social media statements.
22.
W
e therefore consider it would be helpful to include text in the Guide on
what types of activity are deemed ‘parliamentary’, and to state in terms that
members’ activities on public-facing social media may in some circumstances,
taking account of all relevant factors, be deemed to be ‘parliamentary’. We
have included guidance on these points in paragraph 8 of the proposed
Guide.
23.
W
e emphasise that the existing protections for members remain in place:
policy matters and members’ views or opinions will continue to fall outside
the Commissioners’ remit; and we remain committed to the requirement
in the Code that the Commissioners and the Conduct Committee should
7 House of Lords Commission, Social media guidance for members of the House of Lords , December 2023
8 Report from the Commissioner for Standards, The conduct of Lord Ranger (Commissioner Report
2022-23/10), paragraph 25
7RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
“recognise as a primary consideration the constitutional principle of
freedom of speech in parliamentary proceedings”. 9 Debating difficult and
controversial issues is fundamental to the work of the House, and members
must have confidence that they can express views and opinions on such
issues freely and without fear.
24.
n o
netheless, as a self-regulating chamber the House of Lords has the right
to determine that egregiously offensive statements made by its members on
public-facing social media may in certain circumstances fall within the scope
of the Code and be subject to the accountability which comes with that. Our
proposed wording highlights this possibility.
Membership of the Conduct Committee
25.
S
ome members questioned the presence of lay members on the Conduct
Committee, claiming that it contravened the principles of self-regulation
and expressing concern about the balance between lay and peer members.
26.
T
he House first agreed the appointment of lay members in 2019, it having
been a feature of the House of Commons standards’ system since 2012. Lay
members bring a different perspective to the deliberations of the Conduct
Committee, drawing on experiences derived outside the House. They play a
key part in reinforcing public confidence in the independence and integrity of
the House’s standards system. The involvement of lay or external members is
acknowledged as best practice in standards regulation, and has been widely
adopted in legislatures, the professions and beyond.
10
27. W hile the composition of the Conduct Committee is ultimately a matter for
the House, not for us, it would in our view be a retrograde step to revert to a
committee made up solely of members of the House.
28.
W
e also take this opportunity to highlight the effect of the rotation rule upon
peer members of the Conduct Committee. Our predecessor committee, the
Committee for Privileges and Conduct, and its Sub-Committee on Lords’
Conduct were exempt from the rotation rule. In its final report, which
recommended the establishment of a Conduct Committee, the Committee
for Privileges and Conduct suggested a term length of five years for peer
members of the new committee,
11 but this was never implemented. The
Procedure and Privileges Committee, when recommending the adoption
of the present three-year rotation rule for committees in late 2020, made
no explicit reference to the newly established Conduct Committee.
12 While
the Committee for Privileges and Conduct was removed from the list of
committees not subject to rotation in the 2022 edition of the Companion,
13 no
conscious decision seems to have been taken to apply the rule to the Conduct
Committee.
29.
T
he effects of a three-year rotation have, in our view, been damaging to
the Conduct Committee’s work. Unlike investigative committees, which
9 Paragraph 27(b) of the revised Code
10 The First Report of the Committee on Standards in Public Life, published in 1995, stated the general
principle that “Internal systems for maintaining standards should be supported by independent
scrutiny”. See the Summary of the First Report at https://assets.publishing.service.gov.uk/
media/5a7da2ed40f0b635051d0604/1stInquiry_Summary.pdf .
11 Committee for Privileges and Conduct, Independent Complaints and Grievance Scheme: Changes to the
Code of Conduct (4th Report, Session 2017–19, HL Paper 335), paragraph 31
12 Procedure and Privileges Committee ( 4th Report, Session 2019–21, HL Paper 140)
13 The list appears in paragraph 11.15 of the Companion.
8 RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
typically meet weekly, the Conduct Committee meets only as required,
normally no more than once a month when the House is sitting. It follows
that a peer member appointed for three years may attend only around 20
meetings in total before being rotated off the committee. They have little
opportunity to build up experience and corporate knowledge before they are
replaced. This contrasts with lay members being appointed for six years. It
seems inappropriate that the committee should rely on its lay members to
provide the continuity and consistency that the House expects.
30.
W
e invite the Procedure and Privileges Committee to review the
application of the rotation rule to peer members of the Conduct
Committee.
Natural justice
31.
T
he present Code states: “In assessing, investigating and adjudicating
allegations of non-compliance with this Code, the Commissioner and the
Conduct Committee shall … act in accordance with the principles of natural
justice and fairness.” Some members, both in evidence to this review and in
comments in the media, have expressed a concern that these principles are
not being followed.
32.
T
he issue of natural justice in the standards system has been repeatedly
considered both by this House and by the House of Commons. In 2019
the Committee for Privileges and Conduct noted that “natural justice and
fairness” require that the person complained against:
(a)
s
hall be judged by a person who is both independent and impartial and
who hears all sides of the argument;
(b) s
hall have fair notice of the case being made against him or her; and
(c) s
hall have a fair opportunity to answer to the complaint.14
33. n o ne of these requirements is inconsistent with the present inquisitorial
system, and we are satisfied that they have been met in all recent cases. The
Commissioners are independent and impartial, and their role is to establish
the truth of any complaint. Members are provided with all relevant details of
any complaint against them, including the identities of complainants. They
are given the opportunity to answer the complaint in writing and where
appropriate in an interview. They may submit written comments on the
Commissioner’s draft findings.
34.
I
f any member considers that the Commissioner has failed to comply
with these requirements they may appeal to the Conduct Committee on
procedural grounds against the Commissioner’s findings.
15 They are free to
seek legal advice throughout the process, including in helping them prepare
any appeal, as many members have done. They may also appeal against any
recommended sanction.
35.
S
ome members have suggested that it is unfair not to allow cross-examination
of complainants and witnesses. As the Committee for Privileges and Conduct
noted in 2019, while cross-examination is a longstanding feature of Anglo–
14 Committee for Privileges and Conduct, Further report on the conduct of Lord Lester of Herne Hill (3rd
Report, Session 2017–19, HL Paper 252), paragraph 11
15 One of the stated grounds for any appeal is “points of process”. Guide to the Code of Conduct for Members
of the House of Lords, Thirteenth edition, 2023, paragraph 196
9RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
American legal procedure, it is “not the only way of running a fair and robust
process that conforms with natural justice”, and many legal systems do not
require it.
16 n o r do the standards systems in the House of Commons, the
Scottish Parliament, Senedd and the
n o
rthern Ireland Assembly.
36. I
ntroducing a right to cross-examine complainants and witnesses in cases of
alleged bullying, harassment and sexual misconduct would put the process
for investigating such complaints against peers out of step with that applying
to all other members of the parliamentary community, including MPs, staff
of both Houses and members’ staff. The prospect of being subjected to cross-
examination would deter victims of alleged bullying, harassment or sexual
misconduct from submitting legitimate complaints, building unfairness into
the process from the outset and undermining the improvements made since
the Parliamentary Behaviour Code was agreed in 2018.
37.
T
he principle of fairness would require that the right to cross-examination
be afforded to all parties: allowing members to cross-examine complainants
and witnesses in cases of alleged bullying, harassment and sexual misconduct
would necessarily mean allowing complainants an equivalent right to subject
members and witnesses to cross-examination.
38.
I
ntroducing an adversarial system, and allowing cross-examination
of parties and witnesses, would result in a long-drawn out and
expensive process, potentially undermining rather than promoting
the principles of natural justice and fairness. We believe that
the inquisitorial system, with investigations undertaken by an
independent and experienced Commissioner, remains the best
and fairest approach to enforcement. The House has repeatedly
reaffirmed its support for an inquisitorial system, and we see no
reason to recommend a change.
39.
I
f, notwithstanding these points, the sense of the House is that the inquisitorial
process needs further safeguards, it would be possible to add an extra layer
of independent oversight. The House of Commons pursued this path in
2022, having commissioned the former Senior President of Tribunals for the
United Kingdom and Lord Justice of Appeal, Sir Ernest Ryder, to undertake
a review of fairness and natural justice in that House’s standards system.
While Sir Ernest concluded that “the inquisitorial procedure for standards
inquiries in the House is fair and compliant with Article 6 ECHR”,
17 he
recommended the establishment of the Independent Expert Panel (IEP).
This is an independent body appointed under Commons Standing Order
150A, which has “no MPs taking part in its decisions”.
18 It is now the appellate
body in the Commons, recommending sanctions direct to the House. One
consequence is that in some cases of alleged bullying, harassment and sexual
misconduct there is now no role at all for the Committee on Standards.
40.
O
ur view, bearing in mind the House’s culture of self-regulation and
its less partisan character, is that elaborating our processes by adding
16 Committee for Privileges and Conduct, Further report on the conduct of Lord Lester of Herne Hill (3rd
Report, Session 2017–19, HL Paper 252), paragraph 11
17 See House of Commons Committee on Standards, Review of fairness and natural justice in the House’s
standards system (6th Report, Session 2021–22, HC 1183), page 5.
18 See https://www.parliament.uk/mps-lords-and-offices/standards -and-financial-interests/independent
-expert-panel/ .
10 RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
a wholly independent appellate body would not currently be welcome.
But that option remains open to the House.
Standing Order 68
41. H
ouse of Lords Standing Order 68 provides that reports from the Conduct
Committee and motions on sanctions are decided without debate. The
Standing Order was agreed by the House in 2019, on the recommendation
of the then Committee for Privileges and Conduct and following an open
consultation. The Standing Order was intended to prevent any repetition
of the House’s December 2018 debate on the case of the late Lord Lester
of Herne Hill, a debate which, as the Committee stated, “inappropriately
strayed beyond points about the process and into implied and explicit
criticisms of the complainant”.
19
42. T he essence of any case of alleged bullying, harassment and sexual
misconduct is that there are two parties: the complainant and the respondent.
n a
tural justice requires safeguarding the rights of both. But a debate in the
House, in which just one party, the member, can participate, either directly
or through friends and colleagues, risks undermining that principle. The
public criticism of complainants which can arise in such debates also risks
putting off future complainants.
43.
W
e therefore believe that the terms of Standing Order 68 remain appropriate
for cases involving bullying, harassment and sexual misconduct. We note
that under House of Commons Standing Order 150D motions to suspend
or expel MPs arising from Independent Complaints and Grievance Scheme
(ICGS) cases are decided forthwith, without debate.
20
44. I n other types of complaint, for instance those involving breaches of the rules
on registration of interests, use of facilities, or the provision of parliamentary
services in return for payment, the complainant is not a ‘party’ to the case,
and this aspect of natural justice does not arise. Although protracted debates
on Conduct Committee reports on such cases might still be reputationally
damaging, the case for precluding them is less compelling. We note that in
the Commons motions relating to reports of the Committee on Standards
arising from breaches of the Code of Conduct (i.e. cases that do not involve
bullying, harassment or sexual misconduct) are debatable.
45.
I
t is for the Procedure and Privileges Committee to consider whether
to propose any change to Standing Order 68. If that committee
is minded to do so, one option would be to limit the prohibition on
debating Conduct Committee reports to those reports that arise from
cases of bullying, harassment or sexual misconduct.
19 Committee for Privileges and Conduct, Further report on the conduct of Lord Lester of Herne Hill (3rd
Report, Session 2017–19, HL Paper 252), paragraph 53
20 For an example (the suspension of Mr Peter Bone) see HC Deb, 25 October 2023, col 936 .
11REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
CHAPTER 3: THE CODE OF CONDUCT AND GUIDE TO THE
CODE OF CONDUCT: KEY CHANGES
Section 1: Purpose and application
46. The purpose and application of the new Code are unchanged: the
amendments we have proposed in section 1 are designed to bring clarity to
what had become, over the past 15 years, a confusing introductory section.
47. Paragraph 1 of the new Code sets out its purpose, and paragraph 2 its
application. Together they replace paragraph 3 of the present Code.
48. Paragraph 3 of the new Code restates the existing requirement for members
to sign an undertaking to abide by the Code when taking the oath: it also
underlines the significance of this act, namely that in signing the undertaking
they are acknowledging their personal responsibility for complying with the
Code.
49. Paragraphs 4 and 5 explain various qualifications to the application of the
Code. These are unchanged in substance from the present Code, apart from
the fact that we have omitted any reference to former members from paragraph
5(b), which explains application of the rules on bullying, harassment and
sexual misconduct, and the use of facilities and services. If a former member
were to breach these rules, it would be for the House of Lords Commission or
the Clerk of the Parliaments, using existing powers, to take the appropriate
administrative action (for instance, excluding the former member from the
parliamentary estate), not the Conduct Committee.
50. The application of the Code to the Lord Speaker and Senior Deputy
Speaker, hitherto set out in paragraph 7 of Code, is now covered in the Guide
(paragraphs 12–14) along with its application to other groups of members.
Section 2: General principles and conduct
51. Several members argued that the Code should more clearly set out the
positive principles of conduct that guide members. We agree. The structure
of the present Code blurs the distinction between positive principles and
specific, enforceable rules, with some key rules (such as the exclusive benefit
rule and the rule that members should act always on their personal honour)
appearing in the section on ‘general principles’.
52. We have separated the general principles from the enforceable rules of
conduct, so that section 2 of the Code now contains a clear, self-contained
summary of the standards which the House expects of its members. This is
framed by paragraph 6 of the new Code, which confirms that the general
principles are not enforceable rules of conduct, and that complaints based
solely on alleged failure to abide by the general principles will not be admitted.
53. The first general principle that we propose, in paragraph 7, is an overarching
statement that members should “conduct themselves in a manner that
maintains and strengthens public trust and confidence in the integrity of
the House of Lords”. This new provision replaces the current statement in
paragraph 10(a) that members “must comply with the Code of Conduct”
(which adds nothing). It encapsulates what is implicit throughout the Code,
that the House expects its members to act in such a way as to maintain public
12 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
confidence in the institution. This is not an enforceable rule of conduct, but
an expectation the House sets for its members.
54. We have removed paragraph 8 of the present Code, which in restating the
terms of the oath of allegiance strays beyond self-regulation and into statute
law. The remaining general principles are carried over from the present
Code: the seven general principles of conduct identified by the Committee
on Standards in Public Life (paragraph 8) and the principles embodied in
the Parliamentary Behaviour Code (paragraph 9).
Section 3: Rules of conduct
55. The rules of conduct in section 3 are in substance carried over from the
existing Code, though there has been some reordering. All are subject to the
application of the Code generally to all aspects of members’ parliamentary
activities.
Personal honour
56. The first rule of conduct is the requirement that members “should act
always on their personal honour”. This is currently listed under “general
principles”, but it is in reality a rule of conduct. As we have noted, in a few
cases of serious misconduct, where other specific rules were not engaged,
members have been found to have breached this rule.
57. Views on the desirability of retaining the “personal honour” rule were mixed:
some felt that the term was hard to understand and archaic, but others felt
that it was time-honoured and well understood within the House. Removing
the requirement for members to act on their personal honour would be seen
by some as a retrograde step.
58. On balance, we have concluded that the “personal honour” rule still has
value, as the embodiment of the principle that members’ individual conduct
is subject to the sense of the House as a whole. This is already clear from
paragraphs 6 to 10 of the present Guide, which draws on the 2009 report of
the Committee for Privileges which we have quoted above. To bring out this
point more clearly, we have highlighted two key elements of this guidance in
paragraph 10 of the new Code: the “personal honour” rule means, first, that
members should observe the standards expected by the House as a whole,
and second, that they should obey the spirit as well as the letter of the Code.
59. We expect the same approach to be taken to the “personal honour” rule in
future as in previous cases: if a specific rule of conduct is engaged, that will
be the basis for any investigation into a member’s conduct. If no specific rule
is engaged, but the sense of the House would be that the alleged misconduct
requires investigation, the “personal honour” rule would come into play.
Bullying, harassment and sexual misconduct
60. Paragraphs 11 and 12 replicate the existing rules on bullying, harassment
and sexual misconduct (paragraph 11) and attendance at a Behaviour Code
seminar (paragraph 12). We have clarified that members who have previously
attended such a seminar (including as a member of the House of Commons)
are not required to attend another upon joining the House of Lords.
61. The linked section of the Guide (paragraphs 21–28) includes definitions
of bullying, harassment and sexual misconduct. These replace Appendix
13REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
B of the present Guide, which was the subject of much comment during
our review. Paragraph 21 confirms that in interpreting these definitions
the Commissioners for Standards may draw on the policies adopted by the
Parliament-wide Independent Complaints and Grievance Scheme.
Registration and declaration of relevant financial interests
62. Paragraphs 13–16 largely restate the existing rules on the registration and
declaration of interests. The key difference is that we propose removing the
requirement to register or declare non-financial interests.
63. The original Register of Lords’ Interests, established in 1995, did not require
registration of non-financial interests. There was merely a discretionary
category in which members could register particulars of any interests “which
they consider may affect the public perception of the way in which they
discharge their Parliamentary duties”.21
64. The requirement to register non-financial interests first appeared in the Code
adopted after the 2000 report by the Committee on Standards in Public
Life (CSPL) on Standards of Conduct in the House of Lords . The rationale
for requiring their registration was twofold: (a) registration of non-financial
interests allows the member, in the words of the CSPL, “to demonstrate his
or her source of expertise”, and (b) non-financial interests can still influence
a member. 22
65. This reasoning no longer holds up to scrutiny. There is nothing to prevent
members explaining the source of their expertise to colleagues in debate:
it does not require mandatory rules. n or is there any reason why members
should be obliged to demonstrate the source of their expertise to the world at
large, with the risk of a sanction if they do not.
66. The statement that “non-financial interests can still influence a member”,
while plausible, merely begs the question of what constitutes an “interest”. A
member may have an “interest” in football, playing or watching matches every
weekend, and this may “influence” their views on, say, the Government’s
policy on sport. But that does not mean that the member should be required
to register playing football as an “interest”, or that the public has any right to
know about the member’s activities in their private life. A similar argument
could be applied to many of the non-financial interests currently deemed
registrable in Category 10.
67. The objective that underlies the Register is clear: as stated in paragraph 1
of the proposed Guide, it is “to provide the openness and accountability
necessary to reinforce public confidence in the House of Lords and its
members”. That confidence relies, above all, on transparency over the
financial interests that may influence members’ conduct. This should be the
focus of the Register in future.
68. We note also that the categories of non-financial interest that have to be
registered have grown in number and complexity over the past quarter-
century, even as other ways to publicise them, such as on members’ web
21 Procedure Committee (5th Report, Session 1994–95, HL Paper 98)
22 Committee on Standards in Public Life, Standards of Conduct in the House of Lords (7th Report, 2000,
Cm 4903-I), paragraph 5.51
14 RE VIEW OF THE CO DE OF COn D UCT An D T HE G UIDE TO T HE CO DE OF COn D UCT
pages,23 have emerged. Keeping registered non-financial interests up to date
is disproportionately burdensome, and minor and inadvertent errors are the
cause of large numbers of complaints.24
69. W
e therefore recommend that in future members should not register non-
financial interests. It should be open to them to declare non-financial interests
in debate if they consider them relevant to the matter under discussion and
if time allows, but this will be voluntary, and complaints of non-declaration
will not be admitted.
70.
W
e have also considered the form of declaration. The present Code
states that members’ declarations in debate “should wherever possible be
comprehensible, specific and unambiguous”, and that a reference to the
member’s interests as published in the register is normally insufficient. Yet
there is an exception during proceedings on oral questions and other time-
limited business, where a “brief reference” to the Register is permitted.
25
W
e have sought to resolve this unhelpful inconsistency by stating clearly, in
paragraph 83 of our proposed Guide, that members should not simply refer to
“my interests in the Register”: they should declare relevant financial interests
briefly but clearly. This will apply to all proceedings.
n o
n-financial interests
may be declared (at the member’s discretion) if time allows (paragraph 89).
71. F
inally, we have reviewed the categories of registrable financial interests and
the thresholds for registration. In summary:
• We have reduced the number of categories from 10 to seven. Two
previous categories (Categories 1 (Directorships) and 2 (Remunerated
employment etc)) have been merged into a single category of
Remunerated employment etc. Two other categories (Categories 3
(People with significant control of a company)
26 and 10 (n o n-financial
interests)) have been removed.
• We have rationalised the thresholds for registration, aligning them
where possible and revising them broadly in line with inflation, with
some adjustment to get to round and memorable numbers.
Other rules
72.
P
aragraph 17 of the proposed Code sets out the exclusive benefit rule, while
paragraph 18 acknowledges the exceptions to this rule. We have brought
the two paragraphs together, in the interests of clarity, but in substance
they are unchanged. We have removed the potentially confusing reference
in paragraph 11(b) of the present Code to members “seeking to profit
from membership of the House”, focusing in new paragraph 17(b) on the
substantive rule.
73.
P
aragraph 19 of our proposed Code replicates in substance paragraph 14(c)
of the present Code.
23 Each member’s pages on the parliamentary website includes an ‘Experience’ page, on which they can
detail posts held, including unpaid and historical positions.
24 In the last two years nine complaints relating to non-financial interests have been investigated and
upheld: every case was resolved by remedial action (e.g. correcting the Register).
25 Guide to the Code of Conduct for Members of the House of Lords , Thirteenth edition, 2023, paragraphs 109
and 110
26 Entries in category 3 are a direct replication of information in the Register of People with Significant
Control of a company, which is maintained by Companies House. As category 3 adds nothing to the
Companies House register we think it can be removed.
15REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Section 4: criminal offences
74. In response to views expressed by members in our review, this section is a
distillation of the key elements of paragraphs 21 to 26 of the present Code.
We have removed the complicated rules on the reporting of members being
arrested, charged, or otherwise placed under investigation, from which the
House derives little if any benefit. 27 Instead we have focused on serious
criminal offences, in which the House has a legitimate interest.
75. Paragraph 21 of our proposed Code is new. It reflects Standing Order 21A
(Temporary exclusion), agreed by the House on 24 February 2024, which
requires members charged with serious or violent offences to notify the Clerk
of the Parliaments at the first opportunity. The Standing Order states that
failure to comply with this requirement “shall be deemed to be a breach of
the Code of Conduct”.
76. Paragraph 21 of the Code places this existing duty upon the face of the Code.
It also imposes a similar requirement on members arrested in connection with
such offences. Such a requirement already exists under paragraph 21 of the
present Code, but we have narrowed it so that it covers only serious violent
or sexual offences, which might engage the Clerk of the Parliaments’ specific
safeguarding responsibilities towards staff and others on the parliamentary
estate.
77. Paragraph 22, which is unchanged, covers members sentenced in the
United Kingdom to terms of imprisonment that do not engage the exclusion
provisions in the House of Lords Reform Act 2014.
78. Paragraph 23 covers members sentenced to terms of imprisonment outside
the United Kingdom. In response to concerns expressed by members, we
have refined the wording to underline that there should be no presumption
in such cases that the member has breached the Code. Instead, the member
will be referred to the Conduct Committee, for it to consider whether
the member should be deemed to have breached the Code. The Conduct
Committee would not review the merits of the case but, as paragraph 116
of the proposed Guide explains, it would “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”. Only if these conditions are met will
the Committee recommend an appropriate sanction to the House.
Section 5: Enforcement
79. The section of the Code on enforcement (paragraphs 24–30) has been
shortened, to cover only the key elements of the process: the role of the
Commissioner, the right of appeal against the Commissioner’s findings,
and the role of the Conduct Committee. In parallel we have removed the
detailed description of the enforcement process from the Guide to the Code
of Conduct, creating instead two self-contained documents, one covering
general complaints and the other complaints of bullying, harassment and
sexual misconduct. These documents will be supplied to members and to
complainants as required: they do not need to be part of the Guide itself.
27 Most reports reported to the Clerk of the Parliaments under paragraph 22 of the existing Code relate
to road traffic offences.
16 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
80. A fuller description of the changes embodied in the two enforcement
procedures is in the following chapter.
81. Paragraphs 27, 28 and 30 are in substance unchanged, though the wording
has been simplified.
82. Paragraph 29 is new. The present Guide to the Code of Conduct states on
the one hand that all evidence and correspondence relating to investigations
“must remain confidential”, and on the other that members who are under
investigation “may be accompanied to any meeting by a colleague, friend
or legal adviser”, while being expected to answer questions for themselves.28
The balance between confidentiality and support is somewhat uncertain,
and some members expressed concern that it leads to unfairness for those
under investigation.
83. Paragraph 29 puts this balance on the face of the Code. It confirms that
all parties to a case (complainants as well as members) must respect the
confidentiality of the process, and that members may seek support from close
colleagues or advisers, including legal advisers, and may share information
with those colleagues or advisers as necessary. n o member should feel that
they have to go through an investigation unsupported.
Section 6: Advice and review
84. The only significant change in section 6 is an extension of the protection
afforded to members who have sought the advice of the Registrar of Lords’
Interests. Currently a member who acts on the Registrar’s advice on what is
a relevant interest “satisfies fully the requirements of the Code of Conduct
in that regard”. Experience has shown that many members rightly seek the
Registrar’s advice on other issues arising under the Code, and it is appropriate
that they should benefit from similar protection. We have therefore proposed
a broader provision, as follows:
“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.”
The Code of Conduct for House of Lords Members’ staff
85. The revised Code of Conduct for Members’ Staff has been amended to match
the members’ Code and Guide where possible. Complaints against members’
staff are rare, but will continue, as now, to be investigated in accordance with
the enforcement procedures applying to members of the House.
28 Guide to the Code of Conduct for Members of the House of Lords , Thirteenth edition, 2023, paragraphs 155
and 159
17RE VIEW OF THE CO DE OF COn D UCT An D T HE GU IDE TO T HE CO DE OF COn D UCT
CH APTER 4: ENFORCEMENT PROCEDURES
Introduction
86. W
e have separated the enforcement procedures into two documents: one
covering general complaints and another covering allegations of bullying,
harassment and sexual misconduct (BHSM). This reflects the fact that
BHSM cases differ both in the rights of complainants, and the avenues
available (for example, agreed resolution, which allows BHSM cases to
be resolved by the agreement of all parties without a finding or report).
Separating the procedures for general and BHSM cases into two standalone
documents means that members and complainants will be able to refer to a
clear statement of the processes applicable to their case.
87.
T
he two documents largely replicate in substance the existing enforcement
provisions in the Guide, but in a shortened and simplified form. They follow
a more logical structure, working through each step of the enforcement
process in turn, while detailing the important principles that are upheld
throughout.
88.
A
ny further amendments will, as now, require a decision of the House
following a recommendation by this Committee.
Changes to the enforcement procedures
89. W
e have made several amendments to improve the existing procedures,
clarify their drafting and align them with best practice.
90. W
e have carefully considered evidence describing the significant toll
that investigations can have on members, and have sought to ensure that
enforcement procedures are proportionate. Many of the changes are made
with this in mind, while ensuring the process remains fair, consistent and
effective.
91.
T
o this end, we have introduced a new ‘minor cases procedure’ for general
(non-BHSM) cases, which is detailed below. We have also added a provision
in the general procedure that the Commissioner will dismiss at preliminary
assessment all complaints “where it would be disproportionate to consider
further the alleged misconduct”. This replaces the previous test, which
referred to complaints that were “clearly trivial”.
92.
W
e have included a new section in each procedure signposting the support
available for members and (in BHSM cases) complainants, and reiterating
their right to seek support from others (including legal advisers) during the
process (see above, paragraph 83).
93.
A
longside this, there are separate sections on confidentiality and on public
information on investigations, which replace the previous provisions on
anonymity and reporting, which were spread throughout the Guide.
94.
W
e have removed administrative provisions prescribing the role of the
Commissioner, including paragraphs setting out the structure of the
Commissioner’s reports, and describing the Commissioner collecting
evidence from witnesses and third parties. While these had value when the
role of the Commissioner was first established in 2010, they are no longer
necessary.
18 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
95. We have clarified the agreed resolution process in BHSM cases and put it
into a standalone section. Agreed resolution means cases are resolved by
agreement between the parties and the commissioner, without a published
report. It has been used with increasing frequency in recent years, and our
changes reinforce the potential benefits of this avenue.
96. We have clarified the process for agreeing remedial action in non-BHSM
cases, while removing any reference to remedial action in BHSM cases,
where it has been superseded by the agreed resolution procedure since 2019.29
97. We have removed the burdensome and rarely used requirement for the
Commissioner to review any potential instances of non-declaration of
interests in the six years preceding an upheld complaint of non-declaration.
98. Finally, the standard time limit for complaints has been reduced from six to
four years, bringing the Code back in line with the pre-2020 requirements.
There is an exception for allegations of sexual misconduct, where there is no
time limit, reflecting the fact that it can take a long time for complainants in
such cases to come forward.30
Minor cases procedure
99. There have been several cases in which the Commissioner found minor and
inadvertent breaches of the Code, and where the member was willing to
rectify the situation once they were made aware of their error. The current
process requires a full investigation and a published report in such cases.
This is often unnecessary and disproportionate.
100. We have therefore introduced a new ‘minor cases procedure’ for general
complaints (those that do not allege bullying, harassment or sexual
misconduct). This procedure will allow the Commissioner to resolve cases
where, even if there may be a breach of the Code, the breach appears to
be less serious in nature. In deciding whether a complaint is suitable for
consideration under this procedure, the Commissioner will consider
the “apparent complexity of the case and the potential outcome were the
complaint to be upheld”.
101. Details of cases considered under this procedure will be made public once
they are resolved. Once resolved, such cases will not require a published
report. Instead, a summary of the case and outcome will be published on
the Commissioner’s webpage. We envisage that cases considered under this
procedure will be disposed of quickly.
102. As part of this process, the Commissioner will be authorised to escalate cases
to an investigation at any point if they no longer consider the circumstances
to be minor. Similarly, if the member does not agree with the Commissioner’s
determination, proceeding to an investigation will enable further evidence
to be taken and allow the member the opportunity to comment on the
Commissioner’s draft findings. In such cases the normal process for full
investigations would be adopted, with the Commissioner’s final report and
29 The addition of the agreed resolution process was agreed by the House in 2019 as part of introducing
the rules on bullying, harassment and sexual misconduct: Committee for Privileges and Conduct ,
Independent Complaints and Grievance Scheme: Changes to the Code of Conduct (4th Report, Session
2017–19, HL Paper 335).
30 The House agreed to increase the time limit from four years to six years in 2020: Conduct Committee,
Progress report and amendments to the rules of conduct (1st Report, Session 2019–21, HL Paper 34). The
ICGS (and by extension the House of Commons) has no time limit for allegations of sexual misconduct.
19REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
any appeal being considered by the Conduct Committee and a report to the
House published at the end of the process.
20 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
ANNEX 1: REVISED CODE OF CONDUCT FOR MEMBERS OF THE
HOUSE OF LORDS
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; c) members
on leave of absence; d) members suspended from the service of the House; or
e) members who are statutorily disqualified from sitting in the House.
5. n otwithstanding 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 and Guide 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
21REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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. n ew 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
22 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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. n on-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 procedures set out in the relevant Enforcement procedure.
23REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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 Protocol on Enforcement under
review. Recommended changes are reported to the House and take effect
when agreed by the House.
24 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
ANNEX 2: REVISED GUIDE TO THE CODE OF CONDUCT
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
25REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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. n or 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
26 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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.
1 Committee for Privileges (2nd report, session 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 and Sexual Misconduct Policy for
UK Parliament .
3 Bullying and Harassment Policy for UK Parliament ; Sexual Misconduct Policy for UK Parliament .
27REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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. n ew 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
28 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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 8, £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 www.parliament.uk/hlregister.
29RE VIEW OF THE CO DE OF COn D UCT An D T HE GU IDE TO T HE CO DE OF COn D UCT
46. P revious versions of the Register are online.
Role of the Registrar of Lords’ Interests
47. T
he Registrar of Lords’ Interests maintains the Register. Members are
encouraged to contact the Registrar by email: lordsregistrar@parliament.uk.
48. M
embers 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.
T
he 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. W
hen 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. M
embers 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.
P
ensions are not registrable (save for identifiable holdings in self-invested
personal pensions—see paragraph 59).
54. W
hile 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:
4 F ees 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.
30 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
(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;
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.”
31REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
• 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 n orfolk”, “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.
32 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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
n ATO 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;
33REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
• 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 n orthern 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
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).
34 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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.
35REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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:
36 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
• 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; n ational 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.
37REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
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 House7 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.
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).
38 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Criminal offences
113. A member who is sentenced to imprisonment indefinitely or for more than
one year ceases to be a member of the House8 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. n o 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.
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.
39REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Appendix – Behaviour Code
40 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
ANNEX 3: ENFORCEMENT PROCEDURE (GENERAL)
Introduction
1. The House of Lords Commissioners for Standards consider alleged breaches
of the Code of Conduct for Members of the House of Lords (‘the Code’)
and the Code of Conduct for House of Lords Members’ Staff, in accordance
with the enforcement procedures which are agreed by the House. This
document sets out the process for allegations of breaches of the Code that do
not relate to bullying, harassment or sexual misconduct (BHSM), which fall
under the separate Enforcement procedure (bullying, harassment and sexual
misconduct).
Making a complaint
2. A complaint alleging that a member of the House of Lords has breached
the Code must be made in writing, either by email to lordsstandards@
parliament.uk or in hard copy sent by post.1
3. The complainant must provide:
(a) an email or postal address for subsequent communication;
(b) an explanation of how they think the member has breached the Code;
(c) as much evidence as the complainant has to support the complaint.
4. The specific allegation should be made to the Commissioner in private and
not publicised until the complaint has been finally determined.
5. The Commissioner will not without good reason consider either anonymous
complaints or ones where the complainant is not prepared to have their name
and complaint disclosed to the member concerned.
6. A complaint made by a third party is the usual basis for the Commissioner
to start an investigation. In exceptional circumstances however, and with
the agreement of the Conduct Committee, the Commissioner may start an
investigation in the absence of a complaint. This may be at the request of the
member concerned or if by other means the Commissioner becomes aware
of evidence sufficient to establish a prima facie case that the Code has been
breached.
Time limit for complaints
7. The complaint must usually be made within four years of the time the
conduct occurred.
8. In exceptional circumstances the Commissioner may investigate conduct
which occurred more than four years before the complaint was made, subject
to the agreement of the Conduct Committee, which will be granted only if
the Committee considers that there is a strong public interest in the matter
being investigated.
Preliminary assessment
9. The Commissioner will first conduct a preliminary assessment of the
complaint to determine whether it falls within their remit, and whether
1 To: The House of Lords Commissioner for Standards, House of Lords, London, SW1A 0PW.
41REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
the evidence provided establishes a prima facie case that the Code has been
breached.
10. The Commissioner may seek further information from the complainant or
the member concerned during the preliminary assessment.
11. The Commissioner will dismiss after a preliminary assessment all complaints:
• which are not within the Commissioners’ remit (see paragraphs 12 and
13);
• which fall outside the scope of the Code (for example, which do not relate
to the member’s parliamentary activities);
• which are unsupported by evidence sufficient to establish a prima facie
case that the Code has been breached;
• which are vexatious;
• which substantially repeat allegations which have already been the subject
of an investigation (unless there is significant fresh evidence in their
support); or
• where it would be disproportionate to consider further the alleged
misconduct.
The Commissioner’s remit
12. Matters within the Commissioner’s remit include alleged:
• failure to register relevant interests;
• failure to declare relevant interests;
• breaches of the exclusive benefit rule and the prohibition on providing
paid parliamentary advice and services;
• breaches of the rules agreed by the House on financial support for
members and the facilities of the House;
• breaches of the rule that members should act always on their personal
honour;
• breaches by members’ staff of the Code of Conduct for Members’ Staff.
13. Matters not within the Commissioner’s remit include:
• alleged breaches of the Code’s general principles which do not engage a
specific rule of conduct;
• policy matters or a member’s views or opinions;
• the funding of political parties;
• alleged breaches of the Ministerial Code; and
• members’ non-parliamentary or private activities.
Outcome of preliminary assessment
14. Following their preliminary assessment, if the Commissioner determines
the complaint is within scope and there is sufficient evidence to establish a
prima facie case that the Code has been breached, the complaint may proceed
either to investigation or to the minor cases procedure. If a complaint falls
42 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
within paragraph 11 the Commissioner will dismiss it. The Commissioner’s
decision at this stage is final and cannot be appealed.
15. The Commissioner writes to both the complainant and the member
concerned to inform them of the outcome of the preliminary assessment. In
doing so, the Commissioner will normally disclose the complainant’s name
and the content of the complaint to the member.
16. If the Commissioner dismisses the complaint, they provide the complainant
with a brief explanation of their reasons. Where the only evidence cited in
support of a complaint is the member’s expression of views or opinions, the
complaint will be dismissed on this basis.
17. If the Commissioner decides that the complaint will proceed, it may be
considered under the minor cases procedure if the Commissioner, taking
all the circumstances of the case into account, determines that the alleged
breach is minor. In doing so, the Commissioner will consider the apparent
complexity of the case and the potential outcome were the complaint to be
upheld. Otherwise, the complaint will proceed to investigation.
Minor cases procedure
Process
18. The Commissioner first informs the member concerned of the nature of
the complaint, the identity of the complainant, and provides copies of the
evidence in support of it. They set out the provisions of the Code that appear
to be engaged and invite the member to respond in writing.
19. The Commissioner may seek further information to assist them in
determining whether the Code has been breached.
20. The Commissioner may at any time decide that the case is no longer suitable
for the minor cases procedure and should proceed to investigation.
21. n o information will be made public while a case is being considered under
the minor cases procedure.
Outcome
22. If the Commissioner determines that there has not been a breach of the
Code, the complaint is not upheld.
23. If the Commissioner determines that there has been a breach of the Code and
the member agrees, the Commissioner then decides what action is needed
to rectify the breach. This may include a written apology to the Chair of the
Conduct Committee.
24. If the member does not agree with the Commissioner’s determination
that there has been a breach of the Code, or does not undertake the
action prescribed by the Commissioner, the complaint shall proceed to an
investigation.2
2 In proceeding to investigation, the Commissioner may need only to produce a draft report of their
findings and give the member the opportunity to comment on those findings (see paragraph 32).
43REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
25. Basic information on the outcome of all cases concluded under the minor
cases procedure is published on the Commissioner’s parliamentary webpage.3
26. The complainant is informed of the outcome of the case when the information
is published on the website.
Investigations
Process
27. Having decided to undertake an investigation, the Commissioner first
informs the member concerned of the nature of the complaint and the identity
of the complainant. The Commissioner also provides copies of the relevant
evidence offered in support of the complaint. They specify the provisions of
the Code that appear to be engaged and invite the member to provide a full
and accurate written response.
28. The Commissioner may pursue the investigation by seeking further evidence
and information as necessary, including by interviewing the member
concerned.
29. Members must supply written evidence as requested in a timely manner, and
in their own name. Members are entitled to seek advice (see paragraph 57),
but letters sent on their behalf by legal advisers or others will be disregarded.
They may be accompanied to any meeting by a colleague, friend or legal
adviser (provided the individual accompanying them is not a witness to the
investigation), but there is no expectation that they should be so accompanied.
If a member chooses to bring a colleague, friend or adviser they are free to
consult them in confidence but will be expected to answer for themselves
(and not through the friend or adviser) any question put to them.
30. Members are not permitted to cross-examine complainants or witnesses. It
is for the Commissioner to decide how to question them.
31. Complainants have no formal locus when a complaint is being investigated:
they have no right to be called as a witness, though they are expected to co-
operate with any investigation. They will be informed of the outcome of their
complaint once the process has completed.
32. Before finalising their report and (if applicable) recommending a sanction,
the Commissioner will share their draft report and provisional findings with
the member so that they have an opportunity to comment on the accuracy
of the evidence and on the provisional findings. If appropriate, at that point
the member is invited to present any material they wish the Commissioner to
consider when recommending a sanction.
Public information on investigations
33. For all investigations, the Commissioner publishes a statement on their
webpage setting out basic information about the case.4
34. Unless the Commissioner considers it inappropriate to do so, the name of
the complainant will be made public in the Commissioner’s report.
3 The Commissioner has discretion not to publish information on cases of a breach of the Code of
Conduct for Members’ Staff if it would be disproportionate in the circumstances.
4 The Commissioner has discretion not to publish information on an allegation of breach of the Code of
Conduct for Members’ Staff if it would be disproportionate in the circumstances.
44 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
35. The identity of those who give evidence to the Commissioner during an
investigation will be shared where necessary with those directly involved in
the investigation but will not be made public during the investigation. The
Commissioner has discretion to anonymise witnesses on publication of their
report. This may involve some redaction in reports.
Outcomes of an investigation
No breach of the Code
36. If the Commissioner finds that there is no breach of the Code, a report is
published on the Commissioners’ webpage. 5 The member will receive the
final report shortly before publication, and the complainant will receive the
report on publication.
Breach of the Code
37. Following an investigation where the Commissioner has found a breach of
the Code, they may recommend remedial action or a sanction.
Remedial action
38. Remedial action may be agreed if the member acknowledges they are in
breach of the Code and the Commissioner determines that the breach is of a
nature that no sanction is warranted.
39. Remedial action will involve any steps the Commissioner considers necessary
for the member to correct the position—for example, correcting their entry
in the Register of Lords’ Interests. This may include a written apology to the
Chair of the Conduct Committee.
40. Cases resolved by remedial action will result in a report on the Commissioners’
webpage.6 The complainant will be informed of the outcome of the case on
publication of the report on the webpage.
41. If the member does not agree to the recommended remedial action, the
Commissioner will submit their report, including their recommended
sanction, to the Conduct Committee.
Sanction
42. Where the Commissioner upholds a complaint and considers that a sanction
is warranted, they submit their report and recommended sanction to the
Conduct Committee. The options that the Commissioner may propose to
the Conduct Committee are (any combination of):
• requiring the member to take action to regularise the position where this
has not been agreed as remedial action.
• requiring the member to make a personal statement of apology in the
House.
5 The Commissioner has discretion not to publish a report on an allegation of breach of the Code of
Conduct for Members’ Staff if it would be disproportionate in the circumstances. In such instances
the Commissioner will inform the sponsoring member of the outcome.
6 The Commissioner has discretion not to publish a report on case of breach of the Code of Conduct for
Members’ Staff resolved by remedial action if it would be disproportionate in the circumstances. In
such instances the Commissioner will inform the sponsoring member of the outcome.
45RE VIEW OF THE CO DE OF COn D UCT An D T HE GU IDE TO T HE CO DE OF COn D UCT
• recommending to the House that the member be denied access to
specific facilities or services of the House, including services that support
parliamentary activity, for a specified period.
• recommending to the House that the member be denied access to the
system of financial support for members for a specified period.
• recommending to the House that the member be removed from
membership of select committees.
• recommending to the House that the member be suspended from the
House.
7
• recommending to the House that the member be expelled from the
House.
8
43. T he appropriate sanction in each case will be assessed by reference to all
the circumstances surrounding the breach, including any aggravating and
mitigating factors.
44.
I
f there is no appeal, the Committee considers the sanction recommended
by the Commissioner. If the Committee upholds the Commissioner’s
recommended sanction it reports accordingly.
45.
A
lternatively, if the Committee decides that the recommended sanction needs
further consideration, it may then invite representations on the question of
sanction from the member concerned and the Commissioner. Having heard
those representations, the Committee decides whether to uphold or vary the
recommended sanction.
Appeals
46.
T
he Chair of the Conduct Committee sets the deadline and timetable for
any appeal. When the Commissioner sends their final report to the member
concerned, they are informed of the deadline by which they may submit an
appeal to the Committee. The appeal may be against the Commissioner’s
finding or the recommended sanction (or both).
47.
A
n appeal must be in writing. It should set out the grounds for the appeal
with any supporting material. The Committee may decide to hear from the
member in person, and to invite representations from the Commissioner. The
Chair of the Committee may make further provisions about the procedures
to be followed in each appeal.
9
48. O n appeal, the Committee will not reopen the Commissioner’s investigation.
The grounds for appeal are limited to the following:
7 If the conduct concerned occurred on or after 26 June 2015, or if it occurred before 26 June 2015 but
was not public knowledge before then, the suspension may be for any specified period of time. If the
conduct occurred before 26 June 2015 and was public knowledge before then, the suspension may be
for a specified period of time not longer than the remainder of the current Parliament.
8 This recommended sanction is available if the conduct concerned occurred on or after 26 June 2015,
or if it occurred before 26 June 2015 but was not public knowledge before then.
9 All parties, including members of the House, may be accompanied by a colleague, friend or legal
adviser, but must answer for themselves any question put to them (see paragraph 29).
46 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
• the Commissioner was plainly wrong in their finding; 10
• points of process;
• the emergence of significant new evidence; or
• the severity of the sanction.
49. On appeal a recommended sanction may be endorsed, reduced or increased.
Report to the House
50. In all cases when the Commissioner has submitted a report to the Conduct
Committee, or the Committee has considered an appeal, the Committee
will report to the House.
51. The Conduct Committee will normally append the Commissioner’s report
to its report. Before publishing any report, the Conduct Committee will
consider whether any decisions relating to the anonymity of those referred to
in the Commissioner’s report need changing. This may involve redacting or
amending the Commissioner’s report.
52. In exceptional circumstances, the Conduct Committee may decide not to
publish the Commissioner’s report.
53. When the Committee reports a case to the House, the Committee clerk
sends the member the report shortly before publication and the complainant
the report on publication.
54. When the Conduct Committee reports to the House on an individual case,
Standing Order 68 requires that the report and any resolution relating to
sanction be decided without debate.
Confidentiality
55. All parties must respect the confidentiality of investigations. The requirement
to protect confidentiality, and the identity of any anonymised parties,
continues following the conclusion of an investigation.
56. A failure to respect the confidentiality of investigations is a breach of the
Code (paragraph 29 of the Code).
Support for members
57. Members 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, provided
those parties are not witnesses to the investigation; they should inform the
Commissioner before doing so.
58. Members can contact the Parliamentary Health and Wellbeing Service for
advice, guidance and support with mental and physical health. 11
10 In determining whether the Commissioner was “plainly wrong”, the Committee must find that the
decision under appeal is one that could not reasonably have been reached. In doing so, they must
give considerable weight to the findings of the Commissioner who had the advantage of seeing all the
evidence and being present throughout the proceedings, and they must be convinced by the plainest
of considerations.
11 The Parliamentary Health and Wellbeing Service can be contacted by email at phws@parliament. uk
or by telephone on 0207 219 4014. Out of hours, the Individual Assistance Programme helpline can be
contacted to provide independent and confidential support on 0800 028 0199.
47REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Principles of the enforcement process
59. The Code of Conduct states that “In assessing, investigating and adjudicating
allegations of breach of the Code, the Commissioner and the Conduct
Committee must act in accordance with the principles of natural justice and
fairness”.
60. The civil standard of proof is adopted at all stages in the enforcement process.
Thus, in order to find against a member, the Commissioner will require at
least that the allegation is proved on the balance of probabilities.
61. Proceedings are inquisitorial, not adversarial. The Commissioner is an
independent and impartial investigator appointed by the House to establish
the facts of a case and decide whether the Code has been breached.
62. 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 (paragraph 28 of the Code).
63. Members are given an opportunity to review and challenge the factual basis
of any evidence which the Commissioner relies on in their findings.
Parliamentary privilege
64. The Commissioner is an officer of the House of Lords and parliamentary
privilege covers them in carrying out their duties and to their reports and
publications. It also covers witnesses and parties to their cases (including
both an investigation and the minor cases procedure), but a complaint is
not regarded as covered by parliamentary privilege unless and until the
Commissioner has decided to undertake an investigation or to consider
the complaint under the minor cases procedure. Where the Commissioner
investigates only a part of a complaint, only the matters accepted for
investigation are covered by parliamentary privilege.
65. From the point that the Commissioner decides to undertake an investigation
or considers a complaint under the minor cases procedure, all evidence and
correspondence relating directly to the matter is covered by parliamentary
privilege. It must remain confidential unless and until it is published. It
would be a contempt of the House to publish or disclose it to anyone else
without the agreement of the Conduct Committee or the Commissioner. An
attempt to obstruct an investigation would also be a contempt of the House.
66. The Conduct Committee has the power to send for persons, papers
and records and may exercise this power as necessary in support of the
Commissioner.
Other matters
Former members and leave of absence
67. The Commissioner may not investigate a complaint about a former member
of the House.
68. If a member is under investigation when they leave the House, the investigation
terminates at that point except in cases where the Conduct Committee
48 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
is satisfied that there is a strong public interest in the investigation being
completed.12
69. If a member applies for leave of absence to avoid an impending investigation or
sanction (or while an investigation is under way), the request may be refused.
If the Commissioner decides to investigate a complaint about a member who
is on leave of absence (in respect of conduct that occurred when the member
was not on leave), the leave may if necessary be ended with immediate effect.
70. If the Conduct Committee imposes a sanction on or recommends a sanction
in relation to a member who is on leave of absence, the leave may be ended
with immediate effect.
Investigations by other bodies
71. If the Commissioner becomes aware that the police or another agency are
investigating an allegation against a member of criminal misconduct that is
related to an ongoing investigation into an alleged breach of the Code, they
may continue their investigation but will not finalise their report until the
criminal process concludes.
72. Before finalising their report the Commissioner will take account of any
relevant issues which arose during the criminal process.
73. An investigation will be suspended if related proceedings (criminal or civil)
become sub judice (within the meaning of the House’s sub judice resolution).
12 Paragraph 5 of the Code of Conduct states that the enforcement provisions of the Code “apply to all
members and former members of the House”.
49REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
ANNEX 4: ENFORCEMENT PROCEDURE (BULLYING,
HARASSMENT AND SEXUAL MISCONDUCT)
Introduction
1. The House of Lords Commissioners for Standards consider alleged breaches
of the Code of Conduct for Members of the House of Lords (‘the Code’)
and the Code of Conduct for House of Lords Members’ Staff, in accordance
with the enforcement procedures which are agreed by the House. This
document sets out the process for allegations of breaches of the Code relating
to bullying, harassment or sexual misconduct (BHSM). All other complaints
are considered under the separate Enforcement procedure (general).
2. These procedures are similar to those that operate under the Independent
Complaints and Grievance Scheme (ICGS), the Parliament-wide scheme
under which members of the parliamentary community may report
allegations of BHSM. Further information about the ICGS, including about
the support available for complainants and respondents, is at: https://www.
parliament.uk/about/independent-complaints-and-grievance-scheme/
Making a complaint
3. A complaint alleging that a member of the House of Lords has breached the
Code may be made in writing, either by email to lordsstandards@parliament.
uk or in hard copy sent by post.1
4. Alternatively, complaints may be received through the independent ICGS
Helpline on 0808 168 9281 (freephone) or at support@ICGShelpline.org.
uk. Such complaints, if they relate to House of Lords members or members’
staff, will be forwarded by the Helpline to the House of Lords Commissioner
for Standards, and from that point will be handled in accordance with this
procedure.
5. The complainant must provide:
(a) an email or postal address for subsequent communication;
(b) an explanation of how they think the member has breached the Code;
(c) as much evidence as the complainant has to support the complaint.
6. The specific allegation should be made to the Commissioner in private and
not publicised until the complaint has been finally determined. In serious and
deliberate breaches of confidentiality by the complainant, the Commissioner
may decide not to consider the complaint or to discontinue an investigation
into it.
7. The Commissioner will not without good reason consider either anonymous
complaints or ones where the complainant is not prepared to have their name
and complaint disclosed to the member concerned.
8. Only those directly affected by the alleged behaviour can make a complaint or
exercise the other rights described in this procedure. Third-party complaints
are not admitted.
1 To: The House of Lords Commissioner for Standards, House of Lords, London, SW1A 0PW.
50 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Time limit for complaints
9. The complaint must usually be made within four years of the time the
conduct occurred.
10. In exceptional circumstances the Commissioner may investigate conduct
which occurred more than four years before the complaint was made, subject
to the agreement of the Conduct Committee, which will be granted only if
the Committee considers that there is a strong public interest in the matter
being investigated.
11. There is no time limit for allegations of sexual misconduct.
Preliminary assessment
12. The Commissioner will first conduct a preliminary assessment of the
complaint to determine whether it falls within their remit, and whether
the evidence provided establishes a prima facie case that the Code has been
breached.
13. The Commissioner may seek further information from the complainant or
the member concerned during the preliminary assessment.
14. The Commissioner will dismiss after a preliminary assessment all complaints:
• which are not within the Commissioners’ remit (see paragraphs 15 and
16);
• which fall outside the scope of the Code (for example, which do not relate
to the member’s parliamentary activities);
• which are unsupported by evidence sufficient to establish a prima facie
case that the Code has been breached;
• which are vexatious; or
• which substantially repeat allegations which have already been the subject
of an investigation (unless there is significant fresh evidence in their
support).
The Commissioner’s remit
15. Matters within the Commissioner’s remit include alleged:
• behaviour that amounts to bullying, harassment or sexual misconduct in
the course of a member’s parliamentary activities; and
• behaviour that amounts to bullying, harassment or sexual misconduct by
members’ staff.
16. Matters not within the Commissioner’s remit include:
• alleged breaches of the Code’s general principles which do not engage a
specific rule of conduct;
• policy matters or a member’s views or opinions;
• members’ non-parliamentary or private activities.
Outcome of preliminary assessment
17. Following their preliminary assessment, the Commissioner will either
investigate the complaint, or dismiss it.
51REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
18. The Commissioner writes to both the complainant and the member
concerned to inform them of whether they will investigate the complaint.
In doing so the Commissioner will normally provide the complainant’s
name and the content of the complaint to the member. However, when the
Commissioner dismisses a complaint at preliminary assessment, they have
discretion not to inform the member that a complaint has been made.
19. If the Commissioner dismisses the complaint, they provide the complainant
with a brief explanation of their reasons. Where the only evidence cited in
support of a complaint is the member’s expression of views or opinions, the
complaint will be dismissed on this basis.
20. The complainant has a right to appeal if their complaint is dismissed after
preliminary assessment. The complainant must state in writing their reasons
for appealing, addressing why they believe that the Commissioner has not
correctly followed the procedure in this document. The Chair of the Conduct
Committee will review the appeal and determine whether the complainant
has arguable grounds for an appeal that would justify putting the matter
before the Conduct Committee.
21. If the Chair decides that there are arguable grounds for an appeal, it will then
be heard by the Conduct Committee. The Commissioner should provide the
Committee with an account of their reasons for dismissing the complaint,
which will be shared with the complainant. The respondent will be informed
of the appeal and given an opportunity to make a written submission to the
Committee. If the appeal is upheld, the Commissioner 2 will commence a
full investigation; if it is dismissed, the appellant and the respondent will be
informed.
Investigations
Process
22. Having decided to undertake an investigation, the Commissioner first
informs the member concerned of the nature of the complaint and the identity
of the complainant. The Commissioner also provides copies of the relevant
evidence offered in support of the complaint. They specify the provisions of
the Code that appear to be engaged and invite the member to provide a full
and accurate written response.
23. The Commissioner may pursue the investigation by seeking further evidence
and information as necessary. This normally includes a formal interview in
private with the complainant, and one with the respondent.
24. Members and complainants must supply written evidence as requested in
a timely manner, and in their own name. Members and complainants are
entitled to seek advice (see paragraph 52), but letters sent on their behalf by
legal advisers or others will be disregarded. Members and complainants may be
accompanied to any meeting by a colleague, friend or legal adviser, (provided
the individual accompanying them is not a witness to the investigation), but
there is no expectation that they should be so accompanied. If a member or
complainant chooses to bring a colleague, friend or adviser, they are free to
consult them in confidence but will be expected to answer for themselves
(and not through the friend or adviser) any question put to them.
2 If at the time two Commissioners are in post this will be the Commissioner who did not dismiss the
complaint after preliminary assessment.
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25. Members are not permitted to cross-examine complainants or witnesses. It
is for the Commissioner to decide how to question them.
26. Before finalising their report and (if applicable) recommending a sanction,
the Commissioner will share their draft report and provisional findings
with the member and complainant so that they have an opportunity to
comment on the accuracy of the evidence and on the provisional findings. If
appropriate, at that point the member is invited to present any material they
wish the Commissioner to consider when recommending a sanction.
Public information and anonymity
27. n o information will be made public unless or until a report is published.
28. The identity of the complainant and witnesses will be shared where necessary
with those directly involved in the investigation. They will not usually be
made public during the investigation or on publication of the report. 3 This
may involve some redaction in reports.
29. All parties to the investigation must protect the identity of the complainant
and any anonymised witnesses. A failure to do so may constitute a breach of
the Code and a contempt of the House.
Outcomes of an investigation
30. With the Commissioner’s agreement, the complainant may withdraw their
complaint at any point during the investigation. This would bring the
investigation to an end.
Agreed resolution
31. At any time during an investigation, the Commissioner may seek to reach
an agreed resolution between the complainant and the member under
investigation. This is at the Commissioner’s discretion and may only be
reached with the agreement of both the complainant and member.
32. An agreed resolution resolves the complaint and brings the investigation to
an end without a finding. The terms of an agreed resolution may include,
for example, a letter of apology from the member to the complainant, or the
member agreeing to undertake behaviour change training.
33. n o report is published when a case is resolved by agreed resolution.
No breach of the Code
34. If the Commissioner finds that there is no breach of the Code, the complainant
has the right to appeal against the Commissioner’s findings (see paragraph
40 onwards).
35. If there is no appeal, a report will normally be published on the Commissioner’s
parliamentary webpage. The Commissioner may withhold the name of the
member in their report, or exceptionally, decide not to publish a report. If
a report is published, the member and complainant will receive the final
report shortly before publication.
3 The Commissioner has discretion to publish such details, if they consider that it would be appropriate.
Before doing so they will seek representations from those affected.
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Sanction
36. Where the Commissioner upholds a complaint, they submit their report and
recommended sanction to the Conduct Committee. The options that the
Commissioner may propose to the Conduct Committee are (any combination
of):
• requiring the member to apologise to the complainant.
• requiring the member to make a personal statement of apology in the
House.
• requiring the member to undertake coaching to address the behaviour
that gave rise to the complaint.
• recommending to the House that the member be denied access to
specific facilities or services of the House, including services that support
parliamentary activity, for a specified period.
• recommending to the House that the member be removed from
membership of select committees.
• recommending to the House that the member be suspended from the
House.4
• recommending to the House that the member be expelled from the
House.5
37. The appropriate sanction in each case will be assessed by reference to all the
circumstances surrounding the breach, including the effect of the breach
on the complainant(s). Consideration will be given to any aggravating or
mitigating factors.
38. If there is no appeal, the Committee considers the sanction recommended
by the Commissioner. If the Committee upholds the Commissioner’s
recommended sanction it reports accordingly.
39. Alternatively, if the Committee decides that the recommended sanction
needs further consideration, it may then invite representations on the
question of sanction from the member concerned, the Commissioner and/
or the complainant. Having heard those representations, the Committee
decides whether to uphold or vary the recommended sanction.
Appeals
40. The Chair of the Conduct Committee sets the deadline and timetable for
any appeal. When the Commissioner sends their final report to the member
concerned and the complainant, they are informed of the deadline by which
they may submit an appeal to the Committee.
41. In cases where the complaint has been upheld, the member is entitled to
appeal against the Commissioner’s finding, the recommended sanction, or
both. In cases where the complaint has been dismissed, or where certain
4 If the conduct concerned occurred on or after 26 June 2015, or if it occurred before 26 June 2015 but
was not public knowledge before then, the suspension may be for any specified period of time. If the
conduct occurred before 26 June 2015 and was public knowledge before then, the suspension may be
for a specified period of time not longer than the remainder of the current Parliament.
5 This recommended sanction is available if the conduct concerned occurred on or after 26 June 2015,
or if it occurred before 26 June 2015 but was not public knowledge before then.
54 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
allegations are not upheld, the complainant is entitled to appeal against the
Commissioner’s finding.
42. An appeal must be in writing. It should set out the grounds for the appeal
with any supporting material. The Committee may decide to hear from
the member and/or complainant(s) in person, and to invite representations
from the Commissioner. The Chair of the Committee may make further
provisions about the procedures to be followed in each appeal.6
43. On appeal, the Committee will not reopen the Commissioner’s investigation.
The grounds for appeal are limited to the following:
• the Commissioner was plainly wrong in their finding; 7
• points of process;
• the emergence of significant new evidence; or
• the severity of the sanction.
44. On appeal a recommended sanction may be endorsed, reduced or increased.
Report to the House
45. In all cases when the Commissioner has submitted a report to the Conduct
Committee, or the Committee has considered an appeal, the Committee
will report to the House.8
46. The Conduct Committee will normally append the Commissioner’s report
to its report. Before publishing any report, the Committee will consider
whether any decisions relating to the anonymity of those referred to in
the Commissioner’s report need changing. This may involve redacting or
amending the Commissioner’s report.
47. In exceptional circumstances, the Conduct Committee may decide not to
publish the Commissioner’s report.
48. When the Committee reports a case to the House, the Committee clerk
sends the member and complainant the report shortly before publication.
49. When the Conduct Committee reports to the House on an individual case,
Standing Order 68 requires that the report and any resolution relating to
sanction be decided without debate.
Confidentiality
50. All parties must respect the confidentiality of investigations. The requirement
to protect confidentiality, and the identity of any anonymised parties,
continues following the conclusion of an investigation.
6 All parties, including members of the House, may be accompanied by a colleague, friend or legal
adviser, but must answer for themselves any question put to them (see paragraph 24).
7 In determining whether the Commissioner was “plainly wrong”, the Committee must determine
whether the decision under appeal is one that could not reasonably have been reached. In doing so,
they must give considerable weight to the findings of the Commissioner who had the advantage of
seeing all the evidence and being present throughout the proceedings, and they must be convinced by
the plainest of considerations.
8 The Committee has discretion not to publish a report on an allegation of breach of the Code of
Conduct for Members’ Staff if it considers it would be disproportionate in the circumstances.
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51. A failure to respect the confidentiality of investigations is a breach of the
Code (paragraph 29 of the Code).
Support for members and complainants
52. Members and complainants 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,
provided those parties are not witnesses to the investigation; they should
inform the Commissioner before doing so.
53. The ICGS Helpline can provide advice and signpost support services for
complainants and respondents.9
54. Members can contact the Parliamentary Health and Wellbeing Service for
advice, guidance and support with mental and physical health. 10
Principles of the enforcement process
55. The Code of Conduct states that “In assessing, investigating and adjudicating
allegations of a breach of this Code, the Commissioner and the Conduct
Committee must act in accordance with the principles of natural justice and
fairness.”
56. The civil standard of proof is adopted at all stages in the enforcement process.
Thus, in order to find against a member, the Commissioner will require at
least that the allegation is proved on the balance of probabilities.
57. Proceedings are inquisitorial, not adversarial. The Commissioner is an
independent and impartial investigator appointed by the House to establish
the facts of a case and decide whether the Code has been breached.
58. 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 (paragraph 28 of the Code).
59. Members and complainants are given an opportunity to review and challenge
the factual basis of any evidence which the Commissioner relies on in their
findings.
60. The Commissioner is usually supported by independent ICGS investigators.
The Commissioner may delegate to the investigator any of their investigatory
functions to the extent they consider appropriate. However, the Commissioner
remains solely responsible for the decisions made and conclusions reached in
the investigation.
Parliamentary privilege
61. The Commissioner is an officer of the House of Lords and parliamentary
privilege covers them in carrying out their duties and to their reports and
publications. It also covers witnesses and parties to their investigations, but
a complaint is not regarded as covered by parliamentary privilege unless
and until the Commissioner has decided to undertake an investigation.
9 The ICGS Helpline can be contacted on 0808 168 9281 (freephone 9am – 6pm, Monday – Friday) or
by email, on support@ICGShelpline.org.uk.
10 The Parliamentary Health and Wellbeing Service can be contacted by email at phws@parliament.uk
or by telephone on 0207 219 4014. Out of hours, the Individual Assistance Programme helpline can be
contacted to provide independent and confidential support on 0800 028 0199.
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After this point all evidence and correspondence relating directly to the
inquiry are subject to and protected by parliamentary privilege. Where
the Commissioner investigates only part of a complaint, only the matters
accepted for investigation are covered by parliamentary privilege.
62. From the point that the Commissioner decides to undertake an investigation,
all evidence and correspondence relating directly to the matter is covered
by parliamentary privilege. It must remain confidential unless and until it
is published. It would be a contempt of the House to publish or disclose
it to anyone else without the agreement of the Conduct Committee or the
Commissioner. An attempt to obstruct an investigation would also be a
contempt of the House.
63. The Conduct Committee has the power to send for persons, papers
and records and may exercise this power as necessary in support of the
Commissioner.
Other matters
Investigations into former members of either House
64. Where complaints are made against a member of one House relating to their
time in the other House, the following procedures apply. The Parliamentary
Commissioner for Standards (PCS) and the House of Lords Commissioner
for Standards may share information on a confidential basis in such cases.
Former MPs in the House of Lords
65. Complaints against a member of the House of Lords relating to their time in
the House of Commons are dealt with under House of Commons procedures
for setting up an ICGS investigation and reporting that investigation to the
House of Commons Parliamentary Commissioner for Standards (PCS). In
line with House of Commons rules, only complaints by current or former
members of the parliamentary community are accepted. Complaints must
be made to the Independent Complaints and Grievance Scheme helpline.11
66. If a member of the House retires during an investigation under these
provisions, the case may be concluded in the House of Commons as with
former MPs who are not members of the House of Lords.
67. Where the PCS concludes that there has been no breach of the rules, or
that there has been a breach that can be rectified, they write to the Conduct
Committee to inform them before publishing their report.
68. The House of Commons Independent Expert Panel (IEP) hears any appeal
from either party against the PCS’s conclusions.
69. Members of the House are to cooperate with the PCS and the IEP in any
investigation. A failure to cooperate is a breach of the House of Lords Code
of Conduct.
70. If the conclusion of the process in the House of Commons is that bullying,
harassment or sexual misconduct has occurred and that it cannot be dealt
with through rectification, the PCS or the IEP (as appropriate) send their
report in confidence to the House of Lords Commissioner for Standards.
11 The Independent Complaints and Grievance Scheme Helpline can be contacted on 0808 168 9281
(freephone) or at support@ ICGShelpline.org.uk .
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The Commissioner then recommends a sanction to the Conduct Committee.
The Commissioner does not re-open any aspect of the investigation.
71. The Conduct Committee receives the recommendation on sanction as set
out in paragraphs 36 to 39, and hears any appeal, limited only to the severity
of the sanction.
72. If the sanction is a personal statement of apology to the House, the member
makes the statement in the House of Lords.
Former Lords members in the House of Commons
73. Complaints of bullying, harassment and sexual misconduct against an MP
relating to their time in the House of Lords are dealt with under House of
Lords procedures.
74. Where the Commissioner concludes that there has been no breach of the
rules, or an agreed resolution is reached, they write to the relevant Commons
authorities to inform them. Where the Commissioner concludes that
bullying, harassment or sexual misconduct has occurred, the Commissioner
or Conduct Committee (depending on whether there has been an appeal)
send their report in confidence to the PCS. The member is then sanctioned
in line with House of Commons processes.
Former members and leave of absence
75. Save for the exceptions in paragraphs 73 and 74, the Commissioner may not
investigate a complaint about a former member of the House.
76. If a member is under investigation when they leave the House, the
Commissioner may complete the investigation.12
77. If a member applies for leave of absence to avoid an impending investigation
or sanction (or while the investigation is under way), the request may be
refused. If the Commissioner decides to investigate a complaint about a
member who is on leave of absence (in respect of conduct that occurred
when the member was not on leave), the leave may if necessary be ended
with immediate effect.
78. If the Conduct Committee imposes a sanction on or recommends a sanction
in relation to a member who is on leave of absence, the leave may be ended
with immediate effect.
Investigations by other bodies
79. If the Commissioner becomes aware that the police or another agency are
investigating an allegation against a member of criminal misconduct that is
related to an ongoing investigation into an alleged breach of the Code, they
may continue their investigation but will not finalise their report until the
criminal process concludes.
80. Before finalising their report the Commissioner will take account of any
relevant issues which arose during the criminal process.
12 Paragraph 5 of the Code of Conduct states that the enforcement provisions of the Code “apply to all
members and former members of the House”.
58 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
81. An investigation will be suspended if related proceedings (criminal or civil)
become sub judice (within the meaning of the House’s sub judice resolution).
59REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
ANNEX 5: REVISED CODE OF CONDUCT FOR HOUSE OF LORDS
MEMBERS’ STAFF
Application
1. This Code of Conduct for Members’ Staff applies to:
(a) staff who have a parliamentary photo-pass or network account sponsored
by a member of the House of Lords for the purpose of providing
parliamentary secretarial or research assistance to the member;
(b) members’ spouses or partners who provide such assistance; and
(c) the staff of the opposition whips’ offices.1
General principles of conduct
2. The following general principles guide members’ staff in their parliamentary
work. They will be taken into consideration when any allegation of a breach of
one of the rules of conduct is under investigation, but complaints based solely
on alleged failure to adhere to the general principles will not be admitted.
3. Members’ staff should conduct themselves in a manner that maintains and
strengthens public trust and confidence in the integrity of the House of
Lords.
4. Members’ staff should observe the principles set out in the Parliamentary
Behaviour Code 2 of respect, professionalism, understanding others’
perspectives, courtesy, and acceptance of responsibility.
Rules of conduct
Bullying, harassment and sexual misconduct
5. Behaviour that amounts to bullying, harassment or sexual misconduct in the
course of members’ staff parliamentary activities is a breach of this Code.
Registration of interests
6. Members’ staff must register in the Register of Members’ Staff Interests:
(a) all paid work except for the member sponsoring their pass (including
all paid work outside the House, for other members of either House and
paid directorships);
(b) any gifts, benefits or hospitality of a value greater than £300 from
a single source in a calendar year which substantially relate to the
individual’s work in Parliament (excluding gifts, benefits or hospitality
from the member who sponsors the individual).
7. When registering an interest in an organisation, members’ staff should
specify the nature of its business where this is not self-evident.
8. Members’ staff must notify any change in their relevant interests within one
month of the change.
1 The Code does not apply to staff in the Government Whips Office nor staff in the office of the
Convenor of the Crossbench Peers.
2 See appendix.
60 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
9. Members’ staff 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.
Paid parliamentary advice and services
10. Members’ staff must not accept or agree to accept any payment or other
incentive or reward in return for providing parliamentary advice or services.
Confidential information
11. Members’ staff must not disclose draft reports of select committees or other
confidential information that is provided to them or to the member who
sponsors them.
Criminal offences
12. Members’ staff who are arrested, charged or convicted in connection with
a criminal offence must at the first opportunity inform the Clerk of the
Parliaments.
Enforcement
13. The House of Lords Commissioners for Standards investigate alleged
breaches of this Code. Such investigations are conducted in accordance with
the relevant enforcement procedure, adapted as necessary according to the
circumstances.
14. Members’ staff must co-operate, at all stages, with any investigation into
their conduct, or that of their sponsoring member, by or under the authority
of the House.
15. Members’ staff must respect the confidentiality of investigations.
16. Where a member’s staff is found in breach of this Code, the available
sanctions include:
• suspension of the individual’s pass;
• cancellation of the individual’s pass;
• cancellation of the individual’s network account;
• requirement to attend training;
• denial or restriction of access to facilities and services.
17. These sanctions may be imposed by the Conduct Committee without
recourse to the House.
18. n othing in this Code affects the right of Black Rod, the Yeoman Usher or
the Director of Security for Parliament to remove a pass at any time for
security-related or other reasons.
19. n othing in this Code affects the right of the Parliamentary Digital Service
to cancel a network account at any time for security-related or other reasons.
61REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Advice
20. The Registrar of Lords’ Interests is available to advise members and their
staff on compliance with this Code. Members’ staff who, having provided all
relevant information, follow the advice of the Registrar in respect of the rules
on registering interests and the prohibitions on paid parliamentary advice or
services satisfy fully the requirements of this Code.
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Appendix – Behaviour Code
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APPENDIX 1: LIST OF MEMBERS AND DECLARATIONS OF
INTEREST
Members
Cindy Butts
Mark Castle
Andrea Coomber
Vanessa Davies
Lord Garnier
Baroness Kidron
Baroness Mallalieu
Baroness Manningham-Buller (Chair)
Lord Scriven
Declarations of interest
n o member of the Conduct Committee declared an interest relevant to this
inquiry.
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APPENDIX 2: LIST OF WITNESSES
Evidence received by the committee is listed below in the chronological order of
oral evidence session. Written evidence is listed in alphabetical order. All evidence
was given in private and has not been published.
Oral evidence
Lord Forsyth of Drumlean (Chair, Association of Conservative Peers)
Lord Harris of Haringey (Chair, Labour Peers)
Baroness Walmsley (Co-Deputy Leader, Liberal Democrat Peers)
Tom Brake (Director, Unlock Democracy)
Daniel Bruce (Chief Executive, Transparency International UK)
Lt Gen. Doug Chalmers CB DSO OBE (Chair, Committee on Standards in
Public Life)
Baroness Smith of Basildon (Lord Privy Seal and Leader of the House)
Lord True (Leader of the Opposition)
Lord n ewby (Leader of the Liberal Democrat Peers)
The Earl of Kinnoull (Convenor of the Crossbench Peers)
Written evidence
Advisory Council on Business Appointments
Lord Ashton of Hyde
Lord Balfe
Dr Alex Barber and Dr Sean Cordell
Baroness Barker
Lord Blunkett
Baroness Bray of Coln
Gary Bullivant
Baroness Buscombe
The Earl of Caithness
Earl Cathcart
Committee on Standards in Public Life
Lord Crathorne
Edward Cunningham
Baroness Donaghy
Baroness Deech
Dr Etienne Develay and Dr n ader Virk
Julian Downing
Baroness Eaton
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Lord Evans of Weardale
Lord Forsyth of Drumlean
Lord Foulkes of Cumnock
Lord Frost
Lord Fuller
Lord Garnier
Baroness Goldie
Lord Goodman of Wycombe
Baroness Hamwee
Lord Hodgson of Astley Abbotts
Lord Howard of Rising
Lord Hunt of Wirral
Lord Jackson of Peterborough
The Earl of Leicester
Lord Lilley
Lord Lisvane
The Earl of Liverpool
Lord Lucas
Lord Mancroft
Baroness McIntosh of Pickering
Baroness Meyer
Lord Moore of Etchingham
Lord Moylan
Lord Moynihan of Chelsea
Baroness n eville-Rolfe
Baroness n oakes
Prospect (trade union)
Lord Robathan
Lord Sandhurst
Baroness Scott of n eedham Market
Lord Sherbourne of Didsbury
Steering Group for Change
Lord Swire
Lord Taylor of Holbeach
Transparency International UK
Viscount Trenchard
66 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
Lord True
Unlock Democracy
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APPENDIX 3: CALL FOR EVIDENCE
The House of Lords Conduct Committee launched a review of the Code of
Conduct for Members and the Guide to the Code of Conduct in March 2024.
Following the Committee’s reappointment on 22 July 2024, the Committee has re-
opened its call for evidence, with a deadline for written submissions of Thursday
31 October 2024.
Background
The Code was adopted in 2009, following a review by the Leader’s Group on the
Code of Conduct, and the Guide was agreed the following year. Although they
have been much amended and expanded, there has been no comprehensive review
since 2009.
Aims of the review
The Code and Guide have served the House well, and the Conduct Committee
will take the current level of regulation of members’ conduct as its starting point.
But this review will be a chance to shorten and clarify the Code and Guide where
possible, to reflect on how their presentation could be improved, both for members
and the public, and to consider whether any other changes are needed, in the light
of developments over the past 15 years.
In undertaking its review, the Committee will seek to promote the key objective in
paragraph 3 of the Code of reinforcing public confidence in the House of Lords. In
so doing, the Committee will also seek to further the other objective of providing
clear guidance to members on the standards of conduct expected of them. It will,
where possible, aim to provide greater clarity for those administering the Code.
The Committee will also consider the Code of Conduct for Members’ Staff, much
of which replicates the Code of Conduct for Members.
This is a public call for written evidence to be submitted to the Committee.
The deadline is midday on Thursday 31 October 2024.
Questions
• The Committee invites written submissions, focusing on the following
questions:
• Are any elements of the Code and Guide unclear or confusing? If so, how
can they be clarified?
• Are any provisions of the Code or Guide unnecessary?
• Do any of the rules for members’ conduct need to be updated, in line with
wider developments since 2009?
• Are there any gaps or omissions in the Code and Guide? In particular,
should there be a rule covering behaviour by members that causes
significant reputational damage to the House as a whole? If so, how would
this relate to the existing rule that members “should act always on their
personal honour”?
• How can the presentation of the Code and Guide be improved, to make it
more accessible and user-friendly?
• Are there any other issues, not covered in these questions, that you would
like to raise?
68 REVIEW OF THE CODE OF COn DUCT An D THE GUIDE TO THE CODE OF COn DUCT
• If you have difficulty making a written submission on the online portal for
any reason, you may contact us in a number of ways:
Guidelines for written evidence
If you have difficulty making a written submission on the online portal for any
reason, you may contact us in a number of ways:
Via email: lordsconduct@parliament.uk
Via post: Clerk to the Conduct Committee, Journal Office, House of Lords,
London SW1A 0PW
Short, concise submissions are preferred, and submissions longer than 6 pages
should include a one-page summary. Please ensure the submission is free of logos
and signatures. Paragraphs should be numbered, and submissions should be
dated.
Submissions should make a note of the author’s name, and of whether the author
is acting in an individual or corporate capacity.
In the interests of transparency, those submitting written evidence may wish to
declare within their evidence any interests they deem relevant to the work of the
Committee and its review.
You should be careful not to comment on individual cases currently before a court
of law or matters in respect of which court proceedings are imminent. If you
anticipate such issues arising, you should discuss with the Clerk to the Committee
via email how this might affect your submission.
The Committee cannot accept anything that has not been prepared specifically in
response to this call for evidence, or that has been published elsewhere.
Accepting evidence
The Committee itself will decide whether to accept submissions as evidence: any
submissions accepted as evidence become protected by parliamentary privilege.
You may publish your submission independently, but if you do so you should be
aware that you may be legally responsible for its content.
Publication
Written evidence accepted by the Committee will not automatically be published
online, but the Committee will publish in its final report a full list of the names
of those submitting evidence, and it may decide to publish from that evidence.
Before any evidence is published, Committee staff will notify the individual or
organisation who authored it, to give them an opportunity to request redactions
and/or anonymity.
Any evidence that is published will be subject to parliamentary copyright. All
evidence that is accepted by the Committee will ultimately be deposited in the
Parliamentary Archives.