Background Note
A survey of codes of conduct in Australian and selected overseas parliaments
Online Only issued 15 June 2006; updated 19 July 2006
Deirdre
McKeown Analysis and Policy
Politics and Public Administration Section
Introduction
The conduct of ministers and members of parliament is
often in the news. The need for parliamentary codes of conduct, particularly
ministerial codes, is discussed when the public duty and private interests
of members of parliament are reported to conflict.
The development of parliamentary codes of conduct has varied in Australian
federal, state and territory parliaments. In some states codes have been
developed as the result of inquiries, for example in NSW (Independent
Commission Against Corruption and the Greiner/Metherell affair) and in
Queensland (Electoral and Administrative Review Commission formed as a
result of the Fitzgerald inquiry).
This background note summarises the approach taken in federal, state
and territory and some overseas parliaments to codes of conduct for ministers
and members of parliament, registers of interests, the post-separation
employment of ministers and the use of ethics commissioners in providing
advice on and/or conducting investigations into breaches of codes. Where
possible the publication provides links to relevant documents. It does
not compare codes of conduct.
Some Australian parliaments have adopted codes of conduct for members
while others only have a code governing ministerial behaviour. Only four
Australian parliaments (New South Wales, Victoria, Western Australia and
Australian Capital Territory) have separate codes for ministers and members.
All Australian parliaments have adopted registers of pecuniary interests
and five have introduced codes governing the post-separation employment
of ministers. Two Australian parliaments (New South Wales and Queensland)
have ethics or standards mechanisms in place.
This e-brief also examines the codes of conduct in the parliaments of
the United Kingdom, Scotland, Wales, Northern Ireland, Republic of Ireland,
Canada, New Zealand and the USA.
The Australian federal parliament and the New Zealand parliament have
adopted a ministerial code of conduct and a register of interests while
the Northern Territory parliament has introduced a register of interests.
It could, therefore, be said that comparatively these three parliaments
are the least accountable of those examined in this e-brief.
For background information on the feasibility, options and importance
of a code of conduct for parliamentarians see A
Code of Conduct for Parliamentarians?, Department of the Parliamentary
Library, Research Paper No. 2, 1998–99, by Dr Andrew Brien. Information
on the regulation of the post-separation employment of ministers is contained
in Post-separation
Employment of Ministers, Department of the Parliamentary Library,
Research Note No. 40, 2001–02 by Dr Ian Holland.
Commonwealth parliament
Ministerial code of conduct
At present the Commonwealth has a guide to ministerial conduct titled
A
Guide on Key Elements of Ministerial Responsibility but no code
of conduct for parliamentarians. Though the Hon. John Howard is the first
Australian Prime Minister to establish a public ministerial code, academic
John Uhr has noted that:
… given that the document is not a law or regulation and that it does
not even have any formal parliamentary authorisation, there is nothing
to stop the Prime Minister as author of the document from using his
authority to alter or amend it or to interpret it as he sees fit. (John
Uhr, ‘Howard's ministerial code’, Res Publica, Vol. 7, No. 1,
1998.)
This highlights how ministerial codes in Westminster-type systems are
generally controlled by the executive itself rather than the parliament.
Members’ and senators’ code of conduct
Discussion on the introduction of a code of conduct covering senators
and members has continued for more than two decades.
The issue of a code of conduct for parliamentarians was raised in the
Joint Committee on Pecuniary Interests of Members of Parliament Report
on Declaration of Interests tabled in both houses on 30 September
1975. The committee noted that the drafting of a code of conduct was beyond
its terms of reference but recommended that a proposed Joint Standing
Committee:
… be entrusted with the task of drafting a code of conduct based on
Standing Orders, conventions, practices and rulings of the Presiding
Officers of the Australian and United Kingdom Parliaments and such other
guidelines as may be considered appropriate.
A committee of inquiry chaired by the Chief Justice of the Federal Court,
the Hon. Sir Nigel Bowen, was established by the Prime Minister, the Hon.
Malcolm Fraser, on 15 February 1978 to report on public duty and private
interest. The committee, known as the Bowen Committee, reported in July
1979 and recommended that a code of conduct be adopted for general application
to all officeholders who were defined as Ministers, members of parliament,
public servants and statutory office holders. A draft code was included
in the report. The committee recommended in relation to members of parliament
that:
The Senate and House of Representatives be invited to consider:
(a) amending their Standing Orders to include new Standing Orders
requiring, respectively, Senators and Members of the House of Representatives
to conform to the Code of Conduct; or
(b) passing a resolution adopting the Code of Conduct; and
(c) providing that a subsequent breach of the Code of Conduct
should constitute misconduct and a breach of the privileges of Parliament.
An all-party working group of parliamentarians was established in 1992
to consider a code of conduct but the group's deliberations were interrupted
by the 1993 election. The group was reconvened in March 1994 and produced
a draft code of conduct for senators and members. The group was
not a formally constituted committee of the parliament.
On 21 June 1995 'A
Framework of ethical principles for members and senators' was tabled
in the Senate
and the House
of Representatives. An additional framework covering ministers
and presiding officers titled 'A
Framework of ethical principles for ministers and presiding officers'
was also tabled. The then Speaker, the Hon. Stephen Martin, noted that
the draft code for senators and members reflected the majority view of
the working group that the code should be ‘an aspirational set of principles
or values, within which each member must make appropriate decisions concerning
his or her own behaviour’. This approach was considered preferable to
‘a very detailed set of rules and procedures governing all aspects of
the behaviour of a member of parliament’. The working group did not recommend
that the code be supported by an ethics committee or ethics commissioner.
To date a code of conduct has not been adopted by the Senate or the House
of Representatives.
Although there is no formal code of conduct, the conduct of members within
parliament is guided by the Standing Orders of the Senate
and the House
of Representatives, while corruption and bribery of members of parliament
is prohibited under the Commonwealth Criminal
Code. The Parliamentary
Privileges Act 1987 prohibits other forms of interference
with members of parliament.
Register of Interests
Members of the Senate and the House of Representatives are required to
report on their interests within 28 days of making the oath or affirmation
as a member or senator. Registers of Interests were adopted by resolution
of the House
of Representatives on 8 October 1984 and the Senate
on 17 March 1994. The Senate resolution also applies to senior officers
of the Department of the Senate. Failure to comply with the requirements
of the registers results in a contempt of the Parliament. Notification
of alterations to members’ interests is tabled from ‘time to time as required’.
Notification of changes to senators’ interests is tabled every six months.
On 15 September 2003 the Senate agreed to amendments
to the resolutions relating to senators’ interests and declaration of
gifts to the Senate and the Parliament. The amendments increase the value
of gifts and assets that must be declared and remove the requirement that
senators declare a conflict of interest or financial interest in an issue
before voting in the Senate. The House of Representatives agreed to similar
amendments
relating to gifts and assets on 6 November 2003.
2004 Election policy
In the 2004 election the Australian Labor Party policies relating to
ministerial and post-separation employment codes of conduct reflected
the ALP’s National Platform
and Constitution 2004. Chapter 16 ‘Delivering quality government’,
paragraph 30 states:
Labor ministers will be required to adhere
to a formal code of conduct which sets out the action to be taken when
conflicts of interest, or perceived conflicts of interest, arise and
which prohibits behaviour likely to bring discredit to the government.
Former ministers will be required to adhere to a twelve month waiting
period before they can take up employment in their most recent area
of responsibility.
New South Wales
Ministerial code of conduct
In 1988 the Greiner Government introduced the ‘Code of Conduct for Ministers
of the Crown’ which included a section on the post-separation employment
of ministers. In October 1992 the Independent Commission Against Corruption
(ICAC) produced a discussion paper on the resignation and post-ministerial
appointment of the Hon. Terry Metherell titled Recruitment of Former
Members of Parliament to the Public Service and Related Issues. This
paper provides some details on the ministerial code. In April 1997 ICAC
produced a report titled Managing
Post Separation Employment which noted that the then ministerial code
did not include post-separation employment. In 1998 an ICAC report on
Parliamentary and electorate travel (second report) recommended that ‘…
as a priority a new Ministerial Code of Conduct should be implemented.’
On 10 October 2000, in answer to a question without notice dated 31 August
2000 on the development of a new code of conduct, the then Treasurer,
the Hon. Michael Egan, stated ‘The Government has an existing Ministerial
Code of Conduct. The Government will keep this code under review, including
examination of developments in other jurisdictions’.
Members of Parliament code of conduct
The 'Code of Conduct, Members of Parliament, New South Wales' was proposed
by the then Premier, the Hon. Bob Carr, on 31 March 1998 as a way of solving
the disagreement between the Legislative Assembly and the Legislative
Council over the code. The ‘Premier's Code’ as it was known was adopted
by resolution of the Legislative
Assembly on 5 May 1998 and by resolution of the Legislative
Council on 26 May 1999. The Code covers six areas: conflict of interest,
bribery, gifts, use of public resources, use of confidential information,
and duties as a member of parliament.
The members’ code of conduct was adopted in response to section 9 (1)
of the Independent
Commission Against Corruption Act 1988 which states:
that conduct does not amount to corrupt conduct unless it could constitute
or involve … in the case of conduct of a Minister of the Crown or a
member of a House of Parliament—a substantial breach of an applicable
code of conduct.
Should the ICAC find that a member of parliament has substantially breached
the code of conduct the finding is reported to the member's House which
decides on the disciplinary action it should take.
The NSW Parliament fact
sheet on accountability claims that the link between the breach of
a code of conduct and corrupt behaviour is unique among legislatures and
that this link gives the code ‘teeth’ that many other codes lack.
The ICAC Act also established standing ethics committees for each House
of the NSW Parliament. The committees are required to review the code
of conduct at least once in each two-year period.
Post-separation and secondary employment codes of conduct
ICAC reviewed the members’ code of conduct in relation to secondary employment
for members of the Legislative Assembly. ICAC’s report titled Regulation
of Secondary Employment for Members of the NSW Legislative Assembly
was released in September 2003. It recommended amendments to the code
of conduct including a prohibition on paid advocacy and a much stricter
regime of disclosure for members engaged in secondary employment. The
report also recommended that the register of pecuniary interests should
be publicly available on the internet. On 18 February 2004 the Legislative
Assembly Standing Committee on Parliamentary Privilege and Ethics
resolved to examine ICAC’s recommendations and report to the House. The
Committee’s report was tabled in September 2004.
ICAC also reviewed the post-separation employment of ministers in the
report released in June 2004 titled Report
on the Investigation into the Conduct of the Hon. J. Richard Face.
One of the report’s recommendations was that ‘the Government introduce
rules to restrict the range of employment that Ministers can take up immediately
after leaving office’.
On 28 March 2006, in answer
to a question without notice, the Premier, Hon Morris Iemma, announced
amendments to the ministerial code of conduct relating to the post-separation
employment of ministers. He stated that these amendments:
provide that former Ministers must, during the first
12 months of leaving office, obtain written advice from the Parliamentary
Ethics Adviser before accepting any employment or engagement, or providing
services to third parties. This obligation will apply where the proposed
employment relates to portfolio responsibilities held during the last
two years of ministerial office. A similar obligation will apply to
current Ministers who, while still in office, are planning post-separation
employment or businesses.
The Premier also announced changes covering the secondary employment
of members:
… members of Parliament will be required to update the register of
members’ interests every six months instead of every year. The Government
will also introduce motions in each House to amend the members’ code
of conduct, requiring members to disclose at the start of a parliamentary
debate the identity of any person by whom they are employed or engaged.
It will also require the disclosure of the identity of any client of
any such person or any former client who benefited from a member’s services
within the previous two years. … The Government will also propose amendments
to the members’ codes of conduct to strengthen the prohibition on bribery
in response to recommendations made by the former Legislative Assembly
Standing Ethics Committee.
Disclosure of Pecuniary Interests
The requirement that members disclose their pecuniary interests was introduced
in the Constitution (Disclosures by Members) Amendment Act 1981.
This was achieved through the introduction of Section 14A
into the Constitution
Act 1902.
The Parliamentary Ethics Adviser
In September 1998 the Legislative
Assembly and Legislative
Council passed resolutions to appoint a parliamentary ethics adviser.
The then Premier, Hon Bob Carr, described the role of the ethics adviser
as providing independent assistance and advice ‘to members of Parliament
in resolving ethical issues and problems’. The ethics adviser does not
give legal advice and does not investigate breaches of the code of conduct.
The adviser is required to report to Parliament at the end of his/her
annual term on the number of ethical matters raised, the number of members
who sought advice, the amount of time spend on these matters and the number
of times advice was given.
The President of the Legislative Council, the Hon. Dr Meredith Burgmann,
outlined the models considered for the Parliamentary Ethics Adviser in
her paper Constructing Legislative
Codes of Conduct delivered in June 2000.
Victoria
Victoria's Code of Conduct is included in the Members
of Parliament (Register of Interests) Act 1978 (Victoria).
This legislation also contains clauses referring to a register of interests.
The code states that members of the Victorian Parliament are bound to
observe a range of standards (listed in paragraphs (a) to (f)) which cover
confidential information, receipt of financial benefits, avoidance of
conflict of interest, ad hoc disclosure and obligation as ministers. Under
the Register of Interest provisions members are required to provide information
on: income source, company positions and financial interests, political
party membership, trusts, land, travel contributions, gifts, and other
substantial interests. Infringement of the code constitutes contempt for
which the member may be fined up to $2000 by his or her House. The non-payment
of this fine renders the member's seat vacant.
Queensland
The office of Queensland
Integrity Commissioner was created by the 1999 amendment to the
Public
Sector Ethics Act 1994. The Integrity Commissioner is an independent
officer who ‘advises Queensland Government public officials on conflicts
of interest’. Those able to request advice include the Premier, ministers
and parliamentary secretaries and chief executive officers of government
agencies. The list of ‘designated persons’ who may seek advice from the
Integrity Commissioner also includes government members but not opposition
members of parliament. Questions can relate to conflicts of interest relating
to persons under their administration or their own situation. According
to the Commissioner's First Annual Report
to the Premier in June 2001, the Commissioner's purpose 'is to
help Ministers and others to avoid conflicts of interest, and in so doing
to encourage confidence in public institutions'.
On 5 September 2000 the Members'
Ethics and Parliamentary Privileges Committee tabled the Report
on a Code of Ethical Standards for members of the Queensland Legislative
Assembly and proposed Code of Ethical Standards. The Government's
response was provided to the Clerk of the Parliament on 5 December
2000.
Queensland's current Code
of Ethical Standards Legislative Assembly of Queensland, dated
September 2004, consists of the following sections:
- the Statement of fundamental principles (first adopted by the Assembly
on 17 May 2001);
- Overview of obligations;
- Complaints procedure including Procedures for raising and considering
complaints (first adopted by the Assembly on 8 August 2001); and
- Resolving conflict of interest.
The Code includes other requirements derived from legislation, Standing
Orders, resolutions of the House, and practice and procedure. The disclosure
of interests was adopted by resolution by the Legislative Assembly on
25 May 1999, effective from 1 July 1999. The Members' Interests Resolution
is included in the Code of Ethical Standards (Appendix 1).
On 28 February 2006, in response to complaints about the prolonged absences
in Thailand of MP Robert Poole, the Premier, Hon Peter Beattie, stated
that tougher accountability measures should be examined for all members.
He moved
that the Legislative Assembly:
… request that the Members’ Ethics and Parliamentary
Privileges Committee review the provisions covering the absence and
leave of members of parliament including:
In reviewing these provisions the Premier suggested that the Committee
needed to look at ‘Westminster systems elsewhere in the world and in Australia’.
He also stated that ‘I have not set a time line for this issue’. The motion
was passed.
The role of the Ethics and Parliamentary Privileges Committee is outlined
in sections 90–93 of the Parliament
of Queensland Act 2001.
Western Australia
One the Hon. Dr Geoff Gallop’s first acts after becoming Premier in February
2001 was to introduce a Ministerial
Code of Conduct (tabled 30 May 2001). The current code, dated March
2005, contains a section on post-separation employment of ministers.
On 11 April 2006, in answer
to a question on notice on changes to the ministerial code of conduct,
the Leader of House representing the Premier in the Legislative Council,
Hon Kim Chance, stated that:
… a number of changes to the Code to enhance the capacity to deliver
good government are currently under consideration, including the development
of new guidelines to better define the obligations of Ministers under
sections 6, 7 and 8 of the Code.
He also said that a date for the introduction of the revised code ‘has
not been scheduled at this time’.
Dr Gallop tabled a Draft
Code of Conduct for Members of the Western Australian Legislative Assembly
on 14
March 2002. The code was considered by the Procedure and Privileges
Committee which presented its report
on 27 February 2003. The majority report contains background information
on the development of a members’ code of conduct. Following an often bitter
personal debate an amended code was adopted by the Legislative Assembly
on 28 August 2003. The code does not include specific penalties for breaches
of the code. These are dealt with under Standing Orders.
A Draft code of conduct for Members of the Western Australian Legislative
Council was tabled on 20 March 2002. The draft code was referred to the
Standing Committee on Procedure and Privileges for consideration and report.
Under the provisions of the Members
of Parliament (Financial Interests) Act 1992 all members are required
to declare their pecuniary interests. Section 4 states that 'a Member of either House who
wilfully contravenes or fails to comply with section 4 (1) is guilty of
a contempt of the House of which he is a Member, and that House may deal
with him accordingly'. Section 4 (1) details when members are to lodge
returns with the Clerk:
A Member shall —
(a) within 30 days after the day on which he is sworn in lodge
a primary return with the Clerk;
(b) not later than 30 September in each year lodge an annual return
with the Clerk.
South Australia
On 16 May 2002 the Premier, the Hon. Mike Rann, announced the introduction
of a Code
of Conduct for Ministers. The code came into effect on 1 July 2002
and contains a statement on post-separation employment of ministers at
Section 7.
On 20 February 2003 the Premier moved that a joint committee of the parliament
be established to introduce a code of conduct for all members of parliament.
On 14 July 2003 the House of Assembly passed an amended
motion which included the removal of the committee's reporting deadline
of 1 October 2003.
The committee report
dated 14 October 2004 recommended that a code of conduct in the form of
a Statement of Principles be adopted for Members of Parliament. The Committee
believed that the Statement of Principles would provide:
- A valuable statement of the principles applying to public life for
the benefit of Members;
- A reference point for both Members and the public of South Australia
to assist them to understand a Member’s duties in complying with the
obligations of public life; and
- An educational tool to better inform the public of the duties and
obligations of Members of Parliament.
The committee also recommended that the Statement of Principles be adopted
by way of a resolution of each House of Parliament. To date the Statement
of Principles has not been adopted by either House.
Members are required to declare their interests under the provisions
of the Members
of Parliament (Register of Interests) Act 1983. Section 7 states
that failure to comply with the Act will result in 'a penalty not exceeding
five thousand dollars'.
Tasmania
The ‘Code of Ethical Conduct for Members of the House of Assembly’ and
‘A Code of Race Ethics for Members of the House of Assembly’ are located
in the House of Assembly
Standing Orders and Rules (Part 2). This code was adopted in 1996
and has a brief preamble, a statement of commitment and a list of nine
general declarations about a range of issues. There is also a statement
on post-separation employment which states that members ‘when leaving
public office and when they have left public office, must not take improper
advantage of their former office’.
Members are required to report on their interests under the provisions
of the Parliamentary
(Disclosure of Interests) Act 1996. Failure to comply with the
provisions of the Act may result in a member being in contempt of Parliament.
Australian Capital Territory
A Code of Conduct
Governing Ministers was tabled by the then Chief Minister, the Hon.
Kate Carnell, on 2 May 1995. In her tabling speech Ms Carnell noted that
the code ‘is applicable to the immediate families or close relatives of
Ministers and ministerial staff employed under the Legislative
Assembly (Members' Staff) Act of 1989’. A revised ministerial
code was tabled on 26 August 1998. This code was reviewed and a revised
Code of Conduct for
Ministers was released in February 2004. The code includes a section
on post-separation employment of ministers.
The Standing Committee on Administration and Procedure has tabled a number
of reports on a code of conduct for members recommending that a code be
adopted. On 25 August 2005 the Legislative Assembly voted to adopt the
Code of conduct
for all Members of the Legislative Assembly of the Australian Capital
Territory. The code covers subjects such as conflict of interest,
receipt of gifts, advocacy/bribery, use of confidential information, conduct
as employers, use of entitlements and use of public resources.
Members are required to report on their interests in accordance with
a Resolution
dated 7 April 1992 titled 'Declaration of Private Interests of Members'
(amended 27 August
1998 and 17 March 2005).
Northern Territory
On 20 June 2002 the Chief Minister, the Hon. Clare Martin, moved that
the draft Code
of Conduct and Ethical Standards and draft
amendments to the Legislative Assembly (Register of Members’ Interests)
Act 1982 be referred to the Standing Orders Committee for inquiry
and report during the October sittings 2002. In June 2003 the Committee’s
reporting date was extended to February 2004. The Committee’s report was
tabled on 26
February 2004 and recommended that:
- Code of Conduct and Ethical Standards
Your committee recommends that the following Code be adopted by the
Legislative Assembly subject to the enactment of a Legislative Assembly
(Members Code of Conduct and Ethical Standards) Act; and
- Legislative Assembly (Registration of Members’ Interests) Bill
Your committee recommends that the following Draft Bill be agreed to
by the Legislative Assembly in conjunction with the Draft Code of Conduct
and Ethical Standards for Members.
The committee’s report was adopted on 31
March 2004.
Currently members are required to report on their interests under the
provisions of the Legislative
Assembly (Register of Members’ Interests) Act. A new Legislative
Assembly (Disclosure of Interests) Bill is being drafted in the terms
of the Committee’s recommendation.
Selected Overseas Parliaments
United Kingdom
Ministerial code of conduct
Ministerial conduct is governed by A
Code of Ethics and Procedural Guidance for Ministers dated July 2005.
The code notes (paragraph 1.4) that:
Ministers only remain in office for so long as they retain the confidence
of the Prime Minister. He is the ultimate judge of the standards of
behaviour expected of a Minister and the appropriate consequences of
a breach of those standards, although he will not expect to comment
on every allegation that is brought to his attention.
Since its 9th report in 2003 the Committee
on Standards in Public Life* has pushed for changes to the system
for inquiries into allegations of breaches of the Ministerial Code. On
16 March 2006 the Prime Minister, the Hon Tony Blair, used his monthly
press conference to announce the appointment of an independent
adviser on ministers’ interests:
we will look at establishing a new independent adviser on Ministers’
interests that won't simply advise on the fact of individual cases,
though the judgement in the end has to be for the Prime Minister, but
also advise Ministers specifically on how to handle their interests
in any potential conflict of interest.
* Note that the Committee on Standards in
Public Life is an independent, non-departmental body of the Cabinet Office
which reports to the Prime Minister with policy recommendations to ensure
the highest standards of propriety in public life.
On 23 March 2006 the Prime Minister’s Official Spokesman announced
that Sir John Bourn, former Comptroller and Auditor General, had been
appointed as the independent adviser on ministers’ interests.
The ministerial code (paragraph 5.29) also outlines arrangements governing
post-separation employment:
On leaving office, Ministers should seek advice from the independent
Advisory Committee on Business Appointments about any appointments they
wish to take up within two years of leaving office.
The Code states (paragraph 1.6) that ‘Ministers must also comply at all
times with the requirements which Parliament itself has laid down, including
in particular the Codes of Conduct for their respective Houses’. For Ministers
in the House of Commons these are outlined in the Resolution
carried on 19 March 1997 and for Ministers in the House of Lords in the
Resolution
carried on 20 March 1997.
The Code also requires Ministers to report overseas visits costing in
excess of Ł500 and gifts received over the value of Ł140. This information
is publicly available on the Cabinet Office: the Propriety and Ethics
team website.
Members’ code of conduct
The first
report of the Committee on Standards in Public Life (the Nolan Committee)
recommended that the House of Commons introduce a new code of conduct
for members; an improved Register of Members’ Interests; an independent Parliamentary
Commissioner for Standards; and a strengthened Committee on Standards
and Privileges.
The Code
of Conduct together with the Guide to the Rules Relating to the Conduct
of Members was adopted by the House of Commons on 24 July 1996. It
included the seven general principles of conduct underpinning public life
which were advocated by the Nolan Committee: selflessness, integrity,
objectivity, accountability, openness, honesty and leadership.
The Parliamentary Commissioner for Standard’s
most recent annual
report (2004–05) reports on the review of the code of conduct. The
Commissioner believes that the recommended changes:
… give the Code greater prominence and
clarity as well as strengthening it along lines previously recommended
by the Committee on Standards in Public Life
The Committee on Standards and Privileges advised the House of Commons
to accept all the recommended changes to the Code. The House approved
the new version of the Code
of Conduct together with the Guide to the Rules Relating to the Conduct
of Members on 13 July 2005.
The seventh
report of the Committee on Standards in Public Life (the Neill Committee)
recommended that the House of Lords adopt a code of conduct. The House
of Lords Code of Conduct came into effect on 31 March 2002.
Register of Interests
Under a Resolution agreed by the House of
Commons on 22nd May 1974, and under the Code of Conduct, Members are required
to register their pecuniary interests in a Register of Members' Interests.
The duty of compiling the Register rests with the Parliamentary
Commissioner for Standards whose functions are set out in a Standing
Order of the House of Commons and include those formerly exercised by
the Registrar of Members’ Interests. The first annual
report (2002–03) of the Parliamentary Commissioner for Standards outlines
the history of the position and its current role.
The Commissioner is also responsible for
maintaining and monitoring the Register
of Interests of Members’ Secretaries and Research Assistants and the
Register
of Journalists’ Interests.
The Register of
Lords’ Interests is compiled by the Lords Registrar under the authority
of the Clerk of the Parliaments.
The Register of Members’ Interests and the
Register of Lords’ Interests are available electronically.
Scotland
The Scottish Ministerial
Code sets out ‘a code of conduct and guidance on procedures for
Members of the Scottish Executive and Junior Scottish Ministers’. Section
9.24 contains a statement on the post-separation employment of ministers.
On the question of policing the Code, section 1.2 states:
Ministers must also … adhere at all times
to the requirements the Parliament has itself laid down. It is for individual
Ministers to judge how best to act in order to uphold the highest standards.
They are responsible for justifying their conduct to the Parliament.
And they can only remain in office for so long as they retain the First
Minister’s confidence.
The Code of Conduct for Members of the Scottish Parliament was agreed
by resolution of the Parliament on 24 February 2000 and came into force
immediately. The Code was revised
on 1 May 2003. On 27 June 2002, the Parliament passed the Scottish Parliamentary
Standards Commissioner Act 2002, establishing an independent Commissioner
to deal with complaints against Members. Details of the complaints procedure
are outlined in Section 10 of the Code of Conduct.
At its meeting on 25 April 2006 the Standards
and Public Appointments Committee considered a paper on a revised
structure for the Code of Conduct for Members of the Scottish Parliament.
The Committee noted that any changes to the Code would require the agreement
of the Parliament.
Members of the Scottish Parliament are required to report on their interests
under the provisions of The Scotland
Act 1998 (Transitory and Transitional Provisions) (Members' Interests)
Order 1999. A Register of Members’
Staff Interests has also been established. The Register covers
staff employed under the Members’ Allowances Scheme, as agreed by the
Parliament on 16 March 2000, to assist members in carrying out their parliamentary
duties.
Wales
An amended Ministerial
Code: a Code of Conduct and Guidance on Procedures for Ministers was
approved by the National Assembly for Wales on 4 December 2001. Chapter
10 deals with ministers’ private interests including the acceptance of
appointments after leaving ministerial office.
The Assembly also has a Code
of Conduct for Members. The Committee
on Standards of Conduct considers complaints referred to it by
the Presiding Officer and any matters of principle relating to the conduct
of Assembly Members generally and oversees the Register of Members’
Interests. The National Assembly Commissioner
for Standards is an independent person appointed by the National Assembly.
The Commissioner provides:
… advice and assistance on any matters of principle relating to the
conduct of Assembly Members, and is an independent investigator of complaints
that Members of the Assembly have breached any Code, Protocol or resolution
of the Assembly
Northern Ireland
Northern Ireland has a Ministerial Code (not available in electronic
format) which was adopted by the Executive on 9 February 2000. The code
was under review when the process of devolution was suspended in October
2002. The Northern Ireland Assembly remains suspended. The current code
contains a section on the post-separation employment of ministers.
On 14 December 1999 (amended 15 October 2001) the Northern Ireland Assembly
approved the Code of Conduct together
with the Guide to the Rules relating to the Conduct of Members. This
document also contains rules governing the registration and declaration
of Members’ Interests, as well as offering guidance on their practical
application.
Republic of Ireland
The Cabinet Handbook
provides guidance to ministers and ‘facilitates the dispatch of government
business’. It includes a section on ethics and conflict of interest. In
December 2002 the Standards in Public Office Commission published a revised
document titled Guidelines
on compliance with the provisions of the Ethics in Public Office Acts
1995 and 2001 for office holders. These guidelines were drawn up by
the Government and cover office holders such as the Prime Minister, Ministers
of State and Ministers of Government.
The relevant acts governing conduct of members of the Oireachtas (Irish
Parliament) are the Standards in Public Office
Act 2001 and the Ethics
in Public Office Act 1995. The Standards in Public Office Commission is
an independent body established in December 2001 by the Standards in Public
Office Act. The main functions of the Commission are to:
… publish guidelines, to provide advice on request to assist compliance
with the Ethics Acts and to investigate and report in relation to possible
contraventions. Generally, these functions relate to office holders,
special advisers and designated directors and employees of specified
public bodies.
The Standards in Public Office Act (section 10) also
created a Committee on Members’ Interests for the Dáil (lower house) and
a Committee on Members’ Interests for the Seanad (upper house). These
Committees are required to draw up codes of conduct which are adopted
by resolution of the relevant house. The
Dáil Code was adopted on 28 February 2002 and the Seanad Code was adopted
on 18 April 2002. Members of the Oireachtas are required to declare their
interests in accordance with the provisions of the Ethics in Public Office
Act.
In April 2006, in answer to questions on the code of conduct for office
holders, the Taoiseach (Prime Minister) outlined the operation of the
ethics
framework in the Irish Parliament:
The code of conduct does not stand in isolation. It is part of the
wider framework of the Ethics in Public Office Act 1995 and the Standards
in Public Office Act 2001. They must be read together and that is the
point made by the commission. The code cannot impose new requirements
that are not legislatively based. It can, however, be used by the commission
as guidance to whenever a complaint is made under section 4 of the Act,
which provides for complaints of a breach of ethics. The Standards in
Public Office Commission oversees implementation of the Acts and guidelines
and has specific statutory powers to investigate and make findings on
failures of compliance with the Acts. The Acts are taken together and
the code is admissible in any proceedings before a court, a tribunal
or a committee of the House. The code, in its own right, indicates standards
of conduct and integrity for officeholders where these are not expressly
covered by legislation. It can be used against a Member.
Canada
The Privy Council Office publishes Accountable
Government: a Guide for Ministers (2006) which ‘sets out core principles
regarding the role and responsibilities of Ministers in Canada’s system
of responsible parliamentary government’. This guide operates in conjunction
with the code covering ministers’ ethical behaviour outlined below.
In March 2004 an amendment to the Parliament
of Canada Act created the Office
of the Ethics Commissioner. The Office is vested with parliamentary
privileges and operates within the parliamentary framework.
The major responsibilities of the Ethics Commissioner, who reports directly
to Parliament, are:
- administer the Prime Minister’s Conflict
of Interest and Post-employment Code for Public Office Holders (2006)
including the Public Registry for Public Office Holders, including Ministers,
Ministers of state and Parliamentary secretaries. Under this code Public
Office holders are required to report on their interests. This code
also governs the post-separation employment of ministers.
- administer the Conflict of Interest Code for Members of the House of Commons
adopted by the House of Commons on April 29, 2004. As part of this responsibility,
the Office maintains the registry of the public disclosure summaries
of Members. This code is an appendix to the Standing Orders of the House
of Commons.
- provide confidential opinions to Members of the House
of Commons and advice to Public Office Holders, on any matter regarding
their obligations under the Code to which they are subject
- conduct inquiries, on behalf of Parliament, at the
request of Members of Parliament, of Members of the House of Commons,
either as members or as Public Office Holders, on questions of compliance
with either Code, as applicable
The Ethics Commissioner is required to submit two reports each year to
Parliament on activities related to Members of the House of Commons and
on activities related to Public Officer Holders. The first annual
report (2004–05) on Members of the House of Commons also contains
background information on the Office of the Ethics Commissioner.
The Office of
the Senate Ethics Officer was created in 2004 as a result of An Act to amend the Parliament
of Canada Act (Senate Ethics Officer and Ethics Commissioner) and other
Acts in consequence.
The Senate’s first Ethics Officer was appointed in February 2005 and
assumed responsibilities in April 2005. The Senate approved the Conflict of Interest Code
on 18 May 2005.
The Senate Ethics Officer is independent of government and is an Officer
of the Senate. The Ethics Officer operates under the general direction
of a committee established under the Parliament of Canada Act for the
purposes of the Code.
The role of the Ethics Officer includes providing advice and recommendations
to Senators on the standards and obligations set under the Conflict of
Interest Code, preparing annual public disclosure statements and undertaking
inquiries and investigations.
United States
Under the US Constitution,
(Article 1, Section 5) the Senate and the House of Representatives are
responsible for establishing rules to govern the conduct of their members,
as well as judging members alleged to have violated those rules. The Senate
Select Committee on Ethics publishes an Overview the Senate
Code of Conduct and Related Laws of (Senate Rules 34–43) and the Senate Ethics Manual.
The House of Representatives Committee on Standards of Official Conduct
has jurisdiction over the rules and statutes governing the conduct of
Members while performing their official duties. The Committee publishes
Highlights of House Ethics
Rules and an Ethics
Manual which is currently under revision. The Code
of Official Conduct (Rule XX111) is found in the House of Representative
Rules.
As a result of the conviction for fraud in March 2006 of former lobbyist
Jack Abramoff, the Senate and the House of Representatives introduced
related bills in late 2005 and early 2006 aimed at making the relationship
between lobbyists and members of the legislature more transparent. These
bills include a range of provisions that place restrictions on the relationship
between lobbyists and members of both Houses and their staff and impose
additional disclosure requirements on lobbyists. The legislative
process is still underway.
The Ethics
in Government Act 1978 requires members, officers, and certain employees
of the US Congress and related offices to file annual Financial Disclosure
Statements.
The post-separation employment of heads of executive agencies (appointed
by the President) and other government employees is governed by Title 18 Section 207
of the US Code. The Office of
Government Ethics provides advice on compliance with this code. This
Office is the supervising ethics office for the executive branch of government.
New Zealand
Information on the conduct of ministers is contained
in the section titled Public duty and private interests
of ministers and parliamentary under-secretaries (paragraphs 2.46-2.77)
in the Cabinet Manual. All Ministers and Parliamentary Under-Secretaries
are also required to lodge an annual declaration of assets and interests
with the Registrar of Ministers’ Interests. The Prime Minister tables
the Register of Ministers’ Assets and Interests in the House each year.
The administration of the Register is the responsibility of the Cabinet
Office.
The Members of Parliament (Pecuniary Interests) Bill was introduced into
Parliament on 7 October 2003 and read a first
time on 16 October 2003. The main purpose of the Bill was to require
Members of Parliament to disclose their pecuniary interests through a
Register of Pecuniary Interests. The Parliament voted to refer the bill
to the Standing Orders Committee.
The Standing Orders Committee presented its
report
on 23 June 2005 and recommended that the bill not proceed but that its
provisions, with amendments, be incorporated into the Standing Orders.
On 12 August 2005 the Speaker’s Office issued a press
release stating that the changes proposed in the bill had been incorporated
into the Standing
Orders of the House of Representatives. An electronic summary
of annual returns is made available by the Clerk of the House of Representatives.
Summary of codes of conduct in
Australian and selected overseas parliaments
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