Appendix D

Resolutions of the House of Lords relating to the declaration and registration of interests (7 November 1995)

Procedure of the House-Resolved, That the practice of the House in relation to Lords' interests should be governed by the following principles:

(1) Lords should act always on their personal honour; and

(2) Lords should never accept any financial inducement as an incentive or reward for exercising Parliamentary influence.

Thus Lords who accept payment or other incentive or reward for providing Parliamentary advice or services, or who have any financial interest in a business involved in
Parliamentary lobbying on behalf of clients, should not speak, vote, lobby or otherwise take advantage of their position as members of the House on behalf of their clients. This restriction does not extend to matters relating to Lords' outside employment or directorships, where the interest does not arise from membership of the House. Lords should, however, be especially cautious in deciding whether to speak or vote in relation to interests that are direct, pecuniary and shared by few others.

In relation to private bills, Lords should not speak or vote on bills in which they have a direct pecuniary interest.

The above guidance cannot cover all eventualities, and therefore the decision ultimately rests with Lords themselves whether it is proper to take part in a debate or a vote in which they have a personal interest.

Lords who have a direct financial interest in a subject on which they speak should declare it, making clear that it is a financial interest. They should also declare any non-financial interest of which their audience should be aware in order to form a balanced judgment of their arguments. Such interests may be indirect or non-pecuniary, for example the interest of a relation or friend, hospitality or gifts received, trusteeship, or unpaid membership of an interested organization, and they may include past and future interests. This rule also applies where Lords are using their influence as a member of the House in communication with a Minister, Government Department, local authority or other public body outside the House.

On certain occasions such as Starred Questions and the various stages of a bill following Second Reading, it may be for the convenience of the House that Lords should not take up time by repeating declarations of interest but Lords should make a declaration whenever they are in doubt. The nature of the interest should be made clear notwithstanding that it may be well known to most other Lords present in the Chamber.

Similar principles apply to proceedings in committees off the floor of the House.

The Clerk of the Parliaments is available to advise on the interpretation of this guidance in a case of uncertainty.

Registration of Interests-Resolved, That there shall be established a register of:

(1) consultancies, or any similar arrangements, whereby members of the House accept payment or other incentive or reward for providing Parliamentary advice or services;

(2) any financial interests of members of the House in businesses involved in Parliamentary lobbying on behalf of clients; and

(3) any other particulars which members of the House wish to register relating to matters which they consider may affect the public perception of the way in which they discharge their Parliamentary duties.

The register shall be maintained under the authority of the Clerk of the Parliaments by a Registrar appointed by him.

Existing arrangements falling within categories (1) and (2) above shall be registered within one month of the register being established. Subsequent arrangements falling within those categories shall be registered within one month of their being made.

The register shall be available for public inspection in accordance with arrangements to be made by the Registrar. The register shall also be published annually. The annual edition shall include all arrangements registered since the previous edition; and all continuing arrangements unless their termination has been notified to the Registrar.

The operation of the register shall be overseen by the Committee for Privileges.

The Committee for Privileges shall investigate, and report to the House on, any allegation of failure to register interests within categories (1) and (2); provided that the Committee shall first satisfy itself that an allegation has sufficient substance to warrant investigation.

The Committee may remit any or all of the matters covered by this order to a sub-committee.

In considering any allegation of failure to register interests, the Committee and any sub-committee shall not sit unless three Lords of Appeal be present.

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