Background Outline of the current mechanisms for regulating standards in the House of Commons including the registration of MPs’ financial interests
22.The Code of Conduct for MPs, which is based on the seven general principles identified by the CSPL,(10) includes requirements for MPs to register and declare interests in the Register of Members’ Financial Interests. The function of administering and applying the Code of Conduct is presently split between the House of Commons Committee on Standards and Privileges (“the Committee on Standards and Privileges”), the Parliamentary Commissioner for Standards (“the Standards Commissioner”) and the House of Commons itself.
23.The current version of the Code of Conduct was agreed by the House of Commons in July 2005.(11) The purpose of the Code is to provide “guidance on the standards of conduct expected of Members in discharging their parliamentary and public duties”. It sets out the public duties undertaken by MPs, as well as the seven general principles identified by the CSPL.
24.Amongst other standards, the Code requires that MPs must “ensure that their use of expenses, allowances, facilities and services provided from the public purse is strictly in accordance with the rules laid down on these matters, and that they observe any limits placed by the House on the use of such expenses, allowances, facilities and services”. MPs must also fulfil the requirements of the House in respect of the registration of interests in the Register of Members’ Financial Interests.
25.The Committee on Standards and Privileges is established under Standing Order No. 149. The functions of the Committee are to: consider specific matters relating to privileges referred to it by the House; oversee the work of the Standards Commissioner, examine the arrangements for the Register of Members’ Financial Interests and other registers of interests and to consider any specific complaints made concerning registering or declaring of interests referred to it by the Standards Commissioner; consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in any code of conduct to which the House has agreed and which have been drawn to its attention by the Standards Commissioner; and recommend any modification to the Code of Conduct.
26.The Standards Commissioner is an Officer of the House, appointed by the House. Standing Order No. 150 provides that the Standards Commissioner is to: maintain the Register of Members’ Financial Interests and any other register established by the House; provide confidential advice to MPs and other persons subject to registration; advise the Committee on Standards and Privileges and any MPs on the interpretation of the Code of Conduct or on questions of propriety; monitor the operation of the Code of Conduct and make recommendations on it; and “receive and, if he thinks fit, investigate specific complaints from Members and from members of the public in respect of: (i) the registration or declaration of interests, or, (ii) other aspects of the propriety of a Member’s conduct, and to report to the Committee on Standards and Privileges”.
27.At the conclusion of any investigation, the Standards Commissioner reports to the Committee on Standards and Privileges with a finding of fact and an opinion on whether there has been a breach of the Code. The Committee does not have to accept the Standards Commissioner’s conclusions and can conduct its own investigation before issuing its report to the House of Commons.
28.Standing Order No. 150(3) provides that no report is to be made to the Committee on Standards and Privileges at the conclusion of an investigation if, for example, in a registration case the Standards Commissioner considers that the interest involved is minor, or the failure inadvertent and the MP has taken appropriate action. In addition, the Standards Commissioner must not report if the Commissioner and MP have agreed on how to secure “appropriate financial reimbursement” and the MP has made such reimbursement within a reasonable period of time.
29.It is the Committee, and not the Commissioner, that makes any recommendation to the House of Commons about the sanctions that should be imposed on an MP. The House of Commons is the ultimate arbiter in these matters and may choose not to accept the recommended sanction.
30.Although complaints relating to the conduct of Members are usually brought under the procedure described above, the House retains a power to deal with conduct that is not necessarily related to financial propriety (for example, disorderly behaviour or conduct wholly related to the privileges of Parliament).
31.The House of Commons has a range of disciplinary powers in the event of misconduct by an MP. The House may resolve to reprimand or admonish an MP, withhold his or her salary, or suspend or expel him or her.