The Code of conduct together with the Guide to the rules relating to the conduct of members 2012


Book Description

The purpose of this Guide is to assist Members in discharging the duties placed upon them by the Code of Conduct agreed by the House. It replaces the Guide approved by the House on 14 May 2002 (HC 841 (2001-02)). While previous editions of the Rules derived their authority from Resolutions of the House rather than from statute or common law, the attention of Members is drawn to the fact that in respect of registration categories 4, 5, and 6, there are in addition requirements imposed by the Political Parties, Elections and Referendums Act 2000 (PPERA) as amended by the Electoral Administration Act 2006. The Guide is divided into four sections dealing with: (1) Registration of interests; (2) Declaration of interests; (3) Lobbying for reward or consideration; (4) Procedure for complaints.




Guide to the Rules Relating to the Conduct of Members


Book Description

The Committee on Standards and Privileges published its Third Report of Session 2012-13, Proposed Revisions to the Guide to the Rules relating to the conduct of Members1 on 4 December 2012 (HC 636, ISBN 9780215050939). There have been a number of developments since that report. The most significant is the publication of the Group of States Against Corruption (GRECO) Fourth Evaluation Round Report on Corruption Prevention in respect of members of Parliament, judges and prosecutors in the UK (http://www.coe.int/t/dghl/monitoring/greco/evaluations/round4/GrecoEval4(2012)2_UnitedKingdom_EN.pdf). The GRECO report positively noted that: The United Kingdom has taken important steps to strive for improvement in the prevention of corruption in all three sectors of activity subject to the present evaluation. These steps are in addition to the fact that Members of Parliament, judges and prosecutors do not have any general immunity from prosecution for criminal conduct. It made several recommendations directed at the legislative assemblies in the United Kingdom. There was close involvement in the process which meant that the Committee and the Commissioner were able to consider the GRECO recommendations in the course of revising the Guide to the Rules, even though the report itself had not yet been published. The current report presents and discusses each of the GRECO recommendations, specifically those relating the House of Commons. It also covers revisions to the seven principles of public life recently recommended by the Committee on Standards in Public Life, the penalties applicable in case of breaches of the rules, and the date on which any revised Guide should come into force.




HC 1076 The Code Of Conduct together with The Guide To The Rules Relating To The Conduct Of Members


Book Description

The Code of Conduct provides a set of rules to which Members must adhere. Some of these rules are supported by more detailed guidance. Those set out in this Guide relate to the registration and declaration of interests, and to paid lobbying. The Guide also sets out the procedure for inquiries by the Parliamentary Commissioner for Standards. The Guide to the Rules and amendments to it are approved by means of Resolutions of the House of Commons. This Guide therefore carries the authority of the House. The House has agreed that its previous resolutions in relation to the conduct of Members shall be read and given effect in a way which is compatible with the Code of Conduct and this Guide to the Rules relating to the conduct of Members. The Guide is structured as follows: (1) Chapter 1 of the Guide explains the requirements in relation to the registration of Members' financial interests; (2) Chapter 2 explains the requirements in relation to the declaration of interests in proceedings of the House and on other occasions; (3) Chapter 3 sets out the restrictions on Members engaging in lobbying for reward or consideration; (4) Chapter 4 provides an outline of the Commissioner's remit, and sets out the procedures in relation to the Commissioner's inquiries.










HC 472 - Sir Malcolm Rifkind and Mr Jack Straw


Book Description

An allegation of rape was made against Lord Brittan to South Yorkshire Police in November 2012. The incident was alleged to have occurred in 1967 in London. A police investigation then took place, involving a process of advice being sought at relevant points from the Crown Prosecution Service (CPS) and a file of evidence first being submitted to the CPS in June 2014. However the CPS decided that the file submitted by the MPS did not meet the appropriate evidential criteria. Lord Brittan was suffering from cancer at the time of the investigation. He died in January 2015 without being informed the he had been cleared of any wrongdoing in regard to this case. Although the MPS had concluded that "there was not a strong case" against Lord Brittan, it had requested that the CPS review its decision and to consider changing the Director's Guidance to allow "significant public interest" to be taken into account when coming to decisions about whether a case should be referred to the CPS, where the evidential threshold is not satisfied or the case is borderline. The DPP expressed reluctance to consider making any change to the current criteria, because she believed that the requirement to meet the evidence threshold had to remain the first criterion for coming to a decision. The Committee agreed with this. The Metropolitan Police Commissioner has requested that another police force review its investigation into the Lord Brittan case to ensure that it was "thorough, properly conducted and to identify good practice". This report explores the implications of the Commissioner's action points in detail.




HC 321 - Respect Policy


Book Description

Measures and policies to protect employees from bullying and harassment are a common way to ensure that employers fulfill their contractual obligations and their statutory duties to their employees: their existence does not mean that an employer has a problem. In June 2011 the House of Commons Commission agreed such a policy-the "Respect Policy"-to deal with possible bullying and harassment by Members or their staff towards House of Commons staff. That policy had two facets: an informal procedure and a more formal procedure. Although well intentioned, in practice there were at least two flaws in the formal part of the Respect Policy: investigations were undertaken by a House of Commons official, who might be considered to have an interest; and Members had no right of appeal if a complaint was upheld while staff could appeal if it was dismissed. The formal part of the procedure was therefore suspended in November 2012. In March 2014 the House of Commons Commission agreed a further draft of the revised Respect Policy and the unions considered that draft to be "a basis for an effective and proportionate policy". The Respect policy now has four stages, rather than two: stage one: internal resolution (issue raised and possible mediation), stage two: internal resolution (formal grievance meeting), stage three: Commissioner for Standards (consideration), stage four: Commissioner for Standards (investigation and possible referral to the Committee on Standards). The Committee is content for the House of Commons Commission to conclude an agreement with the unions based on the draft Respect Policy




Parliament


Book Description

This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.




HC 1225 - Patrick Mercer


Book Description

Patrick Mercer, the MP for Newark, was approached by a journalist purporting to be a public affairs consultant representing a group called 'Friends of Fiji', who wished to campaign for the readmission of Fiji into the Commonwealth, and sought to do so by hiring people to use influence on its behalf. Between the initial approach from the 'consultant' on 6 March and the last meeting between them on 25 April, Mr Mercer tabled five Parliamentary questions and an Early Day Motion (EDM), and actively sought to set up an All-Party Parliamentary Group (APPG) on Fiji. On 31 May 2013 articles appeared in the Daily Telegraph about the case, and a Panorama programme was broadcast on 6 June 2013. As a result, Mr Mercer referred himself to the Parliamentary Commissioner for Standards. The Commissioner found that Mr Mercer had: failed to register monies received for the provision of consultancy services; failed to deposit an agreement for the provision of services; failed to declare a relevant interest when tabling five parliamentary questions, when tabling an early-day motion, when making approaches to other Members, and, most probably, at a meeting of a prospective All-Party Parliamentary Group; and tabled parliamentary questions and an early-day motion, and taken steps to establish an All-Party Parliamentary Group, at the request of paying clients. The Committee recommend that Mr Mercer be suspended from the House for a period of six calendar months. [Note: Mr Mercer resigned on 29 April 2014, before publication of this report.]




Gender, Nationalism and Conflict Transformation


Book Description

Utilising Northern Ireland as a case study, this book presents an analysis of the gender and sexual politics of conflict transformation. The book synthesises a vast array of international sources with the author’s empirical and theoretical research to produce a powerful gendered critique of conflict transformation in Northern Ireland. It maps the negative effects of the region’s violent conflict on gender and sexual equality and explores the potential of the conflict transformational processes, set in motion by the 1998 Peace Agreement, to transform relationships between different genders and sexualities. Starting from the feminist proposition that building peace requires the inclusion of issues of gender and sexual equality, the author analyses how the new institutional and semantic structures of conflict transformation in Northern Ireland preserved older conservative narratives about gender and sexuality. As older narratives clashed with progressive forms of sexual and gender politics, the core sites of conflict transformation became arenas of gender and sexual struggles. The book outlines these struggles, and charts the positive and inclusive visions of peace developed by activists throughout the period of conflict transformation. This book will be of much interest to students of gender studies, conflict transformation, ethnic conflict, peace studies and Irish politics.