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Privileges Committee: Second Report

I am dealing with the guide to the code before us this afternoon. On those grounds, it would probably be a mistake for me to speculate. I am trying to answer as many questions as I can. The noble Lord, Lord Brooke of Alverthorpe, asked about putting a register of staff in the Register of Interests. That has been done. I shall have to come back to the noble Lord with more detail on that, but we can and indeed will look at improving its accessibility and visibility. The noble Lord also asked how individuals could give feedback on the operation of the code and the guide. The sub-committee on Lords’ conduct is, as I have said, charged with keeping the guide under regular review. Therefore, I suggest that the noble Lord approaches the chairman of the sub-committee with any suggestions. He also asked about the role of the Appointments Commission and the undertaking. The noble Lord, Lord Jay, confirmed in a letter that I received from him today that the Appointments Commission will inform new Members about the code of conduct, but it would not be right to insist at that stage that the appointee should have to agree to accept the code. That will happen when the noble Lord takes his or her seat. The noble Lord, Lord Carrington, who is not in his place, said that this was a sad day for the House. I would make just one point in reply. We have had a code of conduct for many years; this is only a revision. I agree that the guide is new, but there is nothing new about having the code of conduct. The noble and learned Lord, Lord Lloyd of Berwick, referred to the investigative procedure outlined in paragraph 129. It is different because it takes account of the existence of the commissioner, and not just the sub-committee, the main committee and the House. There is an additional layer, if I may put it like that. The noble Lord, Lord MacGregor of Pulham Market, suggested that the SSRB should follow a similar process to this. That, I am glad to say, is a matter for another day. Noble Lords will be aware that its recommendations are currently under consideration by an ad hoc group of Members chaired by the noble Lord, Lord Wakeham, which will in due course report to the House Committee. There will be ample opportunity to consider the matter. One step in that direction will be debated next Monday: we will leave consideration of the issue until then. I am grateful to the noble Lord, Lord Hart of Chilton, for his support for the revisions to the guide that the sub-committee and the Committee for Privileges have made to the original recommendations from the noble and right reverend Lord, Lord Eames. I am sure that noble Lords will agree with him. The noble Lord, Lord McIntosh, raised the question of financial interests that are direct, pecuniary and shared by others. He also made the point that these had been around for a long time. The only difference now is that in the guide we give some additional explanation of what these are. The noble Lord will have seen that we define "direct" as meaning that the Member could personally benefit as a result of the proceedings. "Shared by a few others" means that the Member is one of a small group of people in society who would benefit. We believe that this is a workable definition that brings clarity to this long-standing principle. The noble Lord may disagree with the definition.