Reviewing the Code of Conduct for MPs
A new Code of Conduct and Guide to the Rules relating to the Conduct of Members is effective from 1 March 2023. This briefing outlines how the new Code was developed and agreed.
The Committee on Standards was appointed on 13 December 2012 by the House of Commons following its separation from the former Committee on Standards and Privileges to consider any matter relating to the conduct of Members.
The Code of Conduct for MPs sets out the rules of conduct expected of Members of Parliament as they carry out their work.
The Code of Conduct is inspired and informed by the Seven Principles of Public Life, set by the Committee on Standards in Public Life (selflessness, integrity, objectivity, accountability, openness, honesty and leadership). The Code of Conduct sets rules on handling conflicts of interest, registering and declaring interests and prohibits MPs from accepting any bribe to influence their conduct as MPs.
The Guide to the Rules relating to the Conduct of Members sets out “in more detail what is required of Members in order to abide by the Code”.
MPs also have to observe the principles (of respect, professionalism, understanding others’ perspectives, courtesy and acceptance of responsibility) set out in the parliamentary Behaviour Code [PDF].
A review of the Code of Conduct began in September 2022. It concluded with the House agreeing new edition of The Code of Conduct together with the Guide to the Rules relating to the Conduct of Members [PDF], on 12 December 2022. The new Code and Guide to the Rules are effective from 1 March 2023.
On 18 October 2022, the House of Commons agreed a Procedural Protocol in respect of the Code of Conduct [PDF]. It has been revised by the Committee of Standards to reflect changes to the Code of Conduct and was republished on 24 February 2023. It set out the process for dealing with cases concerning MPs’ adherence to the Code of Conduct. It had been recommended by the Committee on Standards in its review of the Code of Conduct.
In 2002, the Committee on Standards in Public Life (CSPL) recommended that, in each Parliament, the Parliamentary Commissioner for Standards (PCS) should initiate a review of the code of conduct [PDF] and guide to the rules.
That was endorsed by the Select Committee on Standards and Privileges [PDF] and supported in a debate in the House on 26 June 2003.
The review of the Code of Conduct Initial proposalsOn 22 September 2020, the Committee on Standards announced it would “carry out a comprehensive and far-reaching inquiry into the operation of the Code of Conduct for Members of Parliament”.
While the Committee on Standards was undertaking its inquiry, the PCS began her own review of the Code of Conduct.
The Committee on Standards brought forward initial proposals for consultation in November 2021. Its report, Review of the Code of Conduct: proposals for consultation [PDF], brought the two strands together. It included the Commissioner’s review and commented on it in developing its proposals for consultation.
In its report, the Committee said it intended to ask a senior judicial figure to review the fairness of the current system.
On 9 December 2021, the Committee confirmed it had appointed former Lord Justice of Appeal and Senior President of Tribunals, Rt Hon Sir Ernest Ryder.
The Committee’s November 2021 report was debated in February 2022, and the Committee took further evidence early in 2022.
Review of fairness of the systemSir Ernest’s review was published in March 2022:
- Review of fairness and natural justice in the House’s standards system [PDF], 4 March 2022, HC 1183 2021-22
Following consultation on its initial report, the Committee published:
- New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviour in Parliament [PDF], 24 May 2022, HC 227 2022-23
In this report, the Committee announced that it would set out information about the House’s standards procedures in a single document.
The Committee received further feedback on that report and fulfilled its commitment to set out in one place how the standards process should work, so in July 2022, it published two further reports:
- Code of Conduct: Procedural Protocol [PDF], 4 July 2022, HC 378 2022-23
- New Guide to the Rules: final proposals [PDF], 4 July 2022, HC 544 2022-23
Most recently, on 27 September, the Committee published the Government’s response to the three reports from 2022-23:
- Government Response to the Committee’s First, Second and Third Reports of Session 2022–23 [PDF], 27 September 2022, HC 709 2022-23
On 13 October 2022, the Leader of the House announced that, on 18 October 2022, a debate would be held on a motion relating to the Committee on Standards reports into the code of conduct and its recommendation relating to appeals and a procedural protocol in the House’s conduct system.
The Government’s motion [PDF] was published in the Future Business section of the Order Paper. It provided for the adoption of the appeals process and the Procedural Protocol but did not provide for the revised Code of Conduct and Guide to the Rules relating to the Conduct of Members to be adopted. The motion proposed amendments to the Committee’s proposed procedural protocol to reflect this.
The motion was agreed on 18 October 2022. The new protocol, setting out the process for dealing with cases concerning MPs’ adherence to the Code of Conduct, was approved and subsequently published:
- House of Commons, Procedural Protocol in respect of the Code of Conduct [PDF], 10 November 2022, HC 875 2022-23
On 1 December 2022, the Leader of the House announced that there would be a debate, on 12 December, on “a motion relating to the First and Third Reports of the Committee on Standards on a New Code of Conduct and Guide to the Rules”.
The reports referred to are:
- [First Report] New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviour in Parliament [PDF], 24 May 2022, HC 227 2022-23
- [Third Report] New Guide to the Rules: final proposals [PDF], 4 July 2022, HC 544 2022-23
As noted above, on 12 December 2022, the House agreed a revised Code of Conduct and Guide to the Rules at the conclusion of the debate. The motion that the House agreed made some changes to the two sets of recommendations from the Committee on Standards.
First, the Committee proposed bespoke descriptors for the Seven Principles of Public Life which would apply specifically to MPs. The House replaced the bespoke descriptors with the CSPL’s descriptors.
Second, the Committee proposed that Ministers should register benefits and donations received as a Minister in the same way as all MPs. The House agreed that separate arrangements under the Ministerial Code should continue to apply. In the debate, the Leader of the House confirmed that the Government was reviewing how it could “improve the timeliness, quality and transparency of Ministers’ data and ease of access to it”.