RULES GOVERNING THE RELATIONS BETWEEN LOBBYISTS AND MPs

Regulating the conduct of parliamentarians will always be an ongoing process of attempting to balance the free flow of information with the integrity of elected representatives. No rule book can ever settle all the possible cases in advance. While lobbyists need to reject cronyism, back-door influence and the exchange of political favours, a parallel opportunity exists for parliamentarians today.

A fundamental aspect of the reinvention of government is the centrality of ethical principles. That is what drives the public’s demand for ever greater accountability. It is not that most people think their representatives and officials are dishonest. Rather, they want to see an explicit commitment of public office-holders to standards of honesty, responsibility and integrity. This presents clear opportunity for parliamentary leadership.

The purposes of a code of conduct for parliamentarians are to

(a) maintain and promote public confidence and trust in the integrity of parliamentarians as well as the respect and confidence that society places in Parliament as an institution;

(b) demonstrate to the public that parliamentarians are held to standards that place the public interest ahead of their private interests and to provide a transparent system by which the public may judge this to be the case;

(c) provide for greater certainty and guidance for parliamentarians in how to reconcile their private interests with their public duties and functions; and

(d) foster consensus among parliamentarians by establishing common standards and by providing the means by which questions relating to proper conduct may be answered by an independent, non-partisan adviser.

Rules governing the relations between lobbyists and Members of Parliament

1. A member should not, in relation to contact with any person or organisation who lobbies, do anything which contravenes this Code of Conduct or any other relevant rule of the Parliament or any statutory provision.

2. A member should not, in relation to contact with any person or organisation who lobbies, act in any way which could bring discredit upon the Parliament.

3. The public must be assured that no person or organisation will gain better access to, or treatment by, any member as a result of employing a commercial lobbyist either as a representative or to provide strategic advice. In particular, a member should not offer or accord preferential access or treatment to commercial lobbyists or their employers. Nor should commercial lobbyists or their employers be given to understand that preferential access or treatment might be forthcoming from another MP or group or person within or connected with the Parliament.

4. Before taking any action as a result of being lobbied, a member should be satisfied about the identity of the person or organisation who is lobbying and the motive for lobbying. A member may choose to act in response to a commercial lobbyist but it is important that an MP knows the basis on which the member is being lobbied in order to ensure that any action the member takes complies with the standards set out in the Code.

5. In addition, members should:

• consider whether a meeting with one group which is making representations on an issue should be balanced by offering another group with different views an opportunity to make representations;
• consider keeping a record of all contacts with lobbyists;
• consider arranging for an assistant or researcher to take notes at any meetings with lobbyists.

6. Regarding hospitality, gifts and benefits, Members

• should not accept any paid work which would involve them lobbying on behalf of any person or organisation or any clients of a person or organisation;
• should not accept any paid work to provide services as a Parliamentary strategist, adviser, or consultant, for example, advising on Parliamentary affairs or on how to influence the Parliament and its members (This does not prohibit a Member from being remunerated for activity, which may arise because of, or relate to, membership of the Parliament, such as journalism or broadcasting, involving political comment or involvement in representative or presentational work, such as participation in delegations, conferences or other events);
• should decline all but the most insignificant or incidental hospitality, benefit or gift if the Member is aware that it is offered by a commercial lobbyist. A Member should not accept any offer that might reasonably be thought to influence the Members’ judgement in carrying out Parliamentary duties. Since the basis on which many people believe that commercial lobbyists sell their services is by claiming to provide clients with influence over decision-makers, it might reasonably be thought that acceptance of a benefit of any significance from such source could influence a Member’s judgement in carrying out Parliamentary duties (If a Member only becomes aware of its source after receiving hospitality, a benefit or gift, then the Member should consider reimbursing the costs of any hospitality or benefit or returning any gift).

7. Members may participate in events for which others are charged a fee to attend. Participation, for example, in a conference or seminar for which delegates are charged a fee may be a useful means of a Member gathering a range of views on a topic. There could be some concern, however, that events falling into this category could be a means of “buying” influence over MPs or that they can expect to receive better subsequent access or treatment by MPs, than would be accorded to any other person or organisation. Members should exercise their judgement in deciding whether it is appropriate to participate in an event.

8. Members may participate in events unless they are aware, or become aware, that the organisers are promoting the event on the basis that those paying to attend the event are “buying” influence over MPs or that they can expect to receive better subsequent access to, or treatment by MPs, than would be accorded to any other person or organisation. Members should exercise their judgement in deciding whether it is appropriate to participate in an event and if they are uncertain, can seek advice from the Standards Clerks.

9. Members should ensure that staff working for them are aware of and apply these rules and guidelines when acting on a Member‘s behalf or in any Parliamentary connection.

Failure to comply with or contravention of the rules in the Act in relation to contacts with any person or organisation who seeks to lobby a Member may constitute a breach of the  requirements of the Act , may constitute a criminal offence, and/or could lead to sanctions being imposed on a Member by the Parliament. In addition, behaviour by an MP which falls short of the standards established in this Code could lead to penalties being imposed on a Member by the Parliament.

Prohibition of Paid Advocacy

(1) A Member shall not by any means, in consideration of any payment or benefit in kind

(a) advocate or initiate any cause or matter on behalf of any person; or

(b) urge any other Member to advocate or initiate any cause or matter on behalf of any person.

(2) For the purposes of subsection (1)

(a) “any means” shall be construed as the doing of anything by a Member in the capacity of a Member, whether or not in any proceedings of the Parliament; and

(b) “any payment or benefit in kind” means any payment or benefit in kind

(i) which the Member receives and which may reasonably be considered, after taking into account all the circumstances, to result in some benefit to that Member, other than a vote for that Member in any election to the Parliament; or

(ii) which the Member’s spouse, civil partner or cohabitant receives and which may reasonably be considered, after taking into account all the circumstances, to be provided in connection with the Parliamentary duties of the Member and to result in some benefit to that Member.

(3) Subsection (1) shall not prevent a Member receiving assistance in connection with any of the following matters

(a) the preparation of a Member’s Bill or of any amendment to a Bill, or any other matter relating to a Bill (whether before, during or after its passage in the Parliament and before it is submitted for Royal Assent); or

(b) a debate upon subordinate legislation (whether before or after its making); or

(c) a legislative consent motion.

4.1.1 Paid advocacy is not permitted.

4.1.2 Section 14 of the Act sets out both what constitutes paid advocacy and is, therefore, forbidden and what assistance to a member is permitted.

4.1.3 Unlike the provisions of the Act relating to the registration and declaration of interests (which are designed to ensure transparency and do not inhibit Members’ participation in the proceedings of the Parliament), the provisions of the Act relating to paid advocacy provide that a Member may not, in consideration of any payment or benefit in kind, advocate or initiate any cause, or matter, on behalf of any person or urge any other Member to advocate or initiate any cause, or matter, on behalf of any person.

4.1.4 ”Any payment or benefit in kind” means any payment or benefit in kind which the Member receives and which may reasonably be considered to result in some benefit for that Member (except a vote for that Member in an election to the Parliament). This also includes any payments or benefit in kind which the Member’s spouse, civil partner or cohabitant receives and which may reasonably be considered to be provided in connection with the Parliamentary duties of that Member and to benefit that Member in some way.

4.1.5 Section 14(3) of the Act describes the kinds of assistance which Members may receive without being in breach of the paid advocacy provisions. Those provisions do not apply to assistance provided to a Member in the preparation of a Member’s Bill, or assistance with amendments to any Bill, or a debate on subordinate legislation or a legislative consent motion (formerly known as a Sewel motion).

4.2 Sanctions and offences for failure to comply with the rule on paid advocacy

4.2.1 Failure to comply with the paid advocacy rule may result in the Parliament excluding a member from proceedings for such period as it considers appropriate (section 16 of the Act). A member may also be guilty of a criminal offence in terms of section 17 of the Act. A member found guilty of such an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.