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.