UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.

Udvalget for Forretningsordenen 2024-25
UFO Alm.del Bilag 71
Offentligt

ECPRD 6116: The offering of a financial advantage in exchange for resignation

UK Parliament, House of Lords

Questions

1) Is there any legislation or other form of regulation, such as a code of conduct, that prohibits:

a) a Member of Parliament from accepting a financial advantage on the condition that they

resign their seat

b) the act of offering such a proposal, including by individuals from the member’s own party

2) If so, what does the regulation entail, and how is it enforced?

Response

For context, please note the

overall size of the House of Lords is not fixed

and a member’s

resignation does not automatically mean another individual will be appointed in their place.

As is the case in the House of Commons, there is no explicit rule preventing the resignation of a seat

for financial advantage. However, members must observe a

code of conduct

which states (pp 3–5):

•

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.

Members of the House should observe the seven general principles of conduct identified

by the Committee on Standards in Public Life:

(a)

Selflessness:

holders of public office should act solely in terms of the public

interest.

(b)

Integrity:

holders of public office must avoid placing themselves under any

obligation to people or organisations that might try inappropriately to

influence them in their work. They should not act or take decisions in order to

gain financial or other material benefits for themselves, their family, or their

friends. They must declare and resolve any interests and relationships.

(c)

Objectivity:

holders of public office must act and take decisions impartially,

fairly and on merit, using the best evidence and without discrimination or bias.

(d)

Accountability:

holders of public office are accountable to the public for their

decisions and actions and must submit themselves to the scrutiny necessary to

ensure this.

(e)

Openness:

holders of public office should act and take decisions in an open

and transparent manner. Information should not be withheld from the public

unless there are clear and lawful reasons for so doing.

(f)

Honesty:

holders of public office should be truthful.

(g)

Leadership:

holders of public office should exhibit these principles in their own

behaviour and treat others with respect. They should actively promote and

robustly support the principles and challenge poor behaviour wherever it

occurs.

[…]

UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.

•

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.

[…]

•

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.

Facilities and services may be withdrawn from former members of the House under the code’s

enforcement provisions should investigations of breaches be upheld and sanctions agreed.

In addition, the House of Lords may also in theory punish contempts of Parliament although its

powers are uncertain in the modern era.

The House’s procedural guide explains:

Disciplinary and penal powers

The House’s disciplinary and penal powers are part of the control exercised by Parliament

over its affairs. Conduct, whether of a member or non-member, which improperly interferes

with the performance by either House of its functions, or the performance by members or

staff of their duties, is a contempt of Parliament. Thus the House has the right to institute

inquiries and require the attendance of witnesses and the production of documents, and

wilful failure to attend committee proceedings or answer questions or produce documents

could be judged to be a contempt.

The House of Lords has historically possessed the power to punish contempts by

imprisonment, fine and reprimand. Although these powers have never been abolished, they

have not been used since the nineteenth century, and there is doubt over whether the

House’s powers to punish non-members could in practice be used today.