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UK Parliament

Code of Conduct for Members of the House of Lords

Introduction

1. The House of Lords is the second chamber of the United Kingdom Parliament. As a constituent part of Parliament, the House of Lords makes laws, holds government to account and debates issues of public interest.

2. Membership of the House is not an office and does not constitute employment; most members’ primary employment is or has been outside Parliament. In discharging their parliamentary duties members of the House of Lords draw substantially on experience and expertise gained outside Parliament.

3. The purpose of this Code of Conduct is:

(a) to provide guidance for members of the House of Lords on the standards of conduct expected of them in the discharge of their parliamentary duties. Save for paragraphs 19 to 26, the Code does not extend to members’ performance of duties unrelated to parliamentary proceedings, or to their private lives. Paragraph 19 sets out the standards of conduct required of members in their treatment of those with whom they come into contact in the course of their parliamentary duties and activities, whether on the Parliamentary estate or elsewhere.

(b) to provide the openness and accountability necessary to reinforce public confidence in the way in which members of the House of Lords perform their parliamentary duties.

4. Members are to 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.

5. Subject to the provisions of paragraph 6, this Code applies to all members of the House of Lords who have taken the oath and signed the undertaking in that Parliament and are not either:

(a) on leave of absence;

(b) suspended from the service of the House; or

(c) statutorily disqualified from active membership.

6. Notwithstanding paragraph 5 of this Code:

(a) the provisions on i) bullying, harassment and sexual misconduct, and ii) the use of facilities and services, apply to all members and former members of the House when on the Parliamentary estate;

(b) the provisions on imprisonment apply to all current members of the House, regardless of their membership status; and

(c) the enforcement provisions of the Code and Guide apply to all current and former members of the House insofar as is necessary to investigate alleged breaches of the Code.

7. The Lord Speaker and the Senior Deputy Speaker are subject to the Code of Conduct in the same way as all other members of the House and, in order to avoid any perception of conflict of interest, are also subject to additional requirements. They are expected, during their period in office, to lay aside any financial interests falling within categories 1, 2, 3, 6, 7 and 8, as defined in the Guide to the Code of Conduct. A candidate for office may ask the Conduct Committee for a derogation from these rules in exceptional circumstances to enable them to retain an interest or interests in one or more of 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 also be disproportionate. Interests held by an office-holder’s spouse or partner are subject to the same requirements as interests held by the spouse or partner of any other member of the House.

General principles

8. By virtue of their oath, or affirmation, of allegiance, members of the House have a duty to be faithful and bear true allegiance to His Majesty The King, His heirs and successors, according to law.

9. In the performance of their parliamentary duties, members of the House shall base their actions on consideration of the public interest, and shall resolve any conflict between their personal interest and the public interest at once, and in favour of the public interest.

10. Members of the House:

(a) must comply with the Code of Conduct; and

(b) should act always on their personal honour in the performance of their parliamentary duties and activities.

11. 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) seek to profit from membership of the House by accepting or agreeing to accept payment or other incentive or reward in return for providing parliamentary advice or services.[1]

These rules apply differently to Lords Spiritual, ministers of the Crown and members or employees of public sector organisations: see paragraphs 30 and 31 of the Guide.

12. Members of the House should observe the seven general principles of conduct identified by the Committee on Standards in Public Life. These principles will be taken into consideration when any allegation of breaches of the provisions in other sections of the Code is under investigation and should act as a guide to members in considering the requirement to act always on their personal honour:

(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. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

13. Members of the House should observe the principles set out in the Parliamentary Behaviour Code[2] of respect, professionalism, understanding others’ perspectives, courtesy, and acceptance of responsibility. These principles will be taken into consideration when any allegation of bullying, harassment or sexual misconduct is under investigation.

Rules of conduct

14. In order to assist in openness and accountability members shall:

(a) register in the Register of Lords’ Interests all relevant interests, in order to make clear what are the interests that might reasonably be thought to influence their parliamentary actions;

(b) declare when speaking in the House, or communicating with ministers or public servants, any interest which is a relevant interest in the context of the debate or the matter under discussion;

(c) act in accordance with any rules agreed by the House in respect of financial support for members or the facilities of the House.

15. The test of relevant interest is whether the interest might be thought by a reasonable member of the public to influence the way in which a member of the House of Lords discharges his or her parliamentary duties: in the case of registration, the member’s parliamentary duties in general; in the case of declaration, his or her duties in respect of the particular matter under discussion.

16. The test of relevant interest is therefore not whether a member’s actions in Parliament will be influenced by the interest, but whether a reasonable member of the public might think that this would be the case. Relevant interests include both financial and non-financial interests.

17. Members are responsible for ensuring that their registered interests are accurate and up-to-date. They should register any change in their relevant interests within one month of the change.

18. Subject to the exclusive benefit rule, members are not debarred from participating in proceedings in regard to which they possess relevant interests, financial or non-financial; but such interests should be declared fully. In participating in such proceedings they shall resolve any conflict between their personal interest and the public interest at once, and in favour of the public interest.

19. Members are required to treat those with whom they come into contact in the course of their parliamentary duties and activities (including parliamentary proceedings) with respect and courtesy. Behaviour that amounts to bullying, harassment or sexual misconduct is a breach of this Code.

20. New members must, within three months of introduction, arrange to attend one of the seminars established by the House to raise awareness of, and to prevent, bullying, harassment and sexual misconduct. In addition, members returning from leave of absence or disqualification who have not previously attended such a seminar must, within three months of their return, arrange to do so. A failure to arrange to attend a seminar within the specified period is a breach of this Code.

21. Members must, within 10 working days of being notified by the relevant authority, inform the Clerk of the Parliaments if they are:

  • arrested in connection with a criminal offence;
  • charged with a criminal offence;
  • placed under investigation by a body which regulates the occupation which they practise; or
  • placed under investigation for an alleged breach of the Ministerial Code.

22. Members must, within 10 working days of being notified by the relevant authority, inform the Clerk of the Parliaments if they are:

  • convicted of a criminal offence;
  • found in breach of rules governing the occupation which they practise; or
  • found in breach of the Ministerial Code.

23. If either paragraph 21 or 22 applies, members who are the subject of an investigation under this Code must also so inform the Commissioner for Standards either at the start of the Code investigation or, if the external investigation begins after the Commissioner has launched their own investigation, as soon as possible.

24. Members must inform the Chair of the Conduct Committee if they receive a sentence of imprisonment, suspended or not, within 10 working days of the sentence being handed down.

25. 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.

26. A member sentenced to imprisonment outside the United Kingdom, whether the sentence is suspended or not, shall be presumed to have breached the Code; such a case shall be referred to the Conduct Committee for it to consider whether the presumption should apply in that case and, if it should, for the Committee to recommend a sanction.

Enforcement of the Code of Conduct

27. House of Lords Commissioners for Standards are appointed to investigate alleged breaches of this Code, or of the rules governing members’ financial support or use of parliamentary facilities. Commissioners decide on alleged breaches independently of one another. Any investigation is conducted in accordance with procedures set out in the Guide to the Code of Conduct, and during the investigation the member must adhere to any restrictions on their access to the facilities and services of the House which the Commissioner may impose. The Commissioner may also inform the complainant and the relevant senior managers of any such restrictions.

28. After investigation the Commissioner makes a report of their findings. If the member is found not to have breached the Code, or if the member and the Commissioner have agreed remedial action, the report is normally published only on the Commissioner’s webpages. The Commissioner may make it a condition of any agreement on remedial action which includes training that the member must adhere to specific restrictions on their access to the facilities and services of the House until the training is complete, and the member must adhere to any such restrictions so agreed. The Commissioner may inform the relevant senior managers of any such restrictions. The Commissioner has discretion to submit a report on cases resolved through remedial action to the Conduct Committee. If the member is found to have breached the Code and remedial action is inappropriate or has not been agreed, the Commissioner’s report including any recommended sanction goes to the Conduct Committee. The member concerned has a right of appeal to the Conduct Committee against 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.

29. The Conduct Committee, having considered any appeal, and having agreed any appropriate sanction, reports its conclusions to the House. For the most serious sanctions, the final decision rests with the House.

30. In assessing, investigating and adjudicating allegations of non-compliance with this Code, the Commissioner and the Conduct Committee shall:

(a) recognise as a primary consideration the constitutional principle of freedom of speech in parliamentary proceedings, including but not limited to the need for members to be able to express their views fully and frankly in parliamentary proceedings;

(b) act in accordance with the principles of natural justice and fairness.

31. Members shall 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.

32. No member shall lobby a member of the Conduct Committee in a manner calculated or intended to influence their consideration of a complaint of a breach of this Code.

Advice and review

33. The operation of the Register is overseen by the Conduct Committee, assisted by the Registrar of Lords’ Interests. The Registrar is available to advise members of the House, and may consult the Committee when necessary.

34. A member who acts on the advice of the Registrar in determining what is a relevant interest satisfies fully the requirements of the Code of Conduct in that regard. However, the final responsibility for deciding whether or not to participate in proceedings to which that interest is relevant rests with the member concerned. A member who realises that he or she has failed to register or declare a relevant interest should contact the Registrar for advice.

35. The Conduct Committee keeps the Code of Conduct and the Guide to the Code of Conduct under regular review. Recommended changes are reported to the House and take effect when agreed by the House.

Footnotes

Footnotes are numbered as per the PDF version.

[1] For more information on these terms and concepts, see paragraphs 12–32 of the Guide to the Code.

[2] See Appendix A.