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Implementation and enforcement of a code of
conduct
Brendan KeithRegistrar of Members’ Interests
House of LordsLondon
Models for a code of conduct
Two possible models for a code of conduct:
Prohibition
The code sets out what Members may not do
Permissive with disclosure
Members can do most things but there must be full disclosure of their interests
Implementation and Enforcement
Four elements
Advice to Members
A complaints procedure
A review procedure/court of appeal
Sentencing - The role of the Chamber
The need for advice
• Code of conduct can be short and limited to general principles.
• It can on the other hand be long and detailed
• But in either case Members need advice
A complaints procedure
What happens when allegations are made that a Member or Members have broken the code of conduct?
You need a complaints procedure.
A review procedure
What happens after the Commissioner has investigated a complaint that the code has been violated by a Member?
Punishment
• Most Parliaments are self-regulating
• the House imposes the penalty for a breach of the code.
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