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Being a member of the House of Lords is not regarded as a job. While MPs draw a salary, peers do not. They are paid a generous attendance allowance – £361 a day – and expenses such as travel are reimbursed. But the system is designed to enable them to continue their day jobs. The code of conduct for peers notes that members of the upper house “draw substantially on experience and expertise gained outside parliament”.
The standards regime for members of the Lords also differs from that of the Commons, with lighter requirements to declare outside earnings.
The code says peers must always act “on their personal honour”. It goes on to state that the term honour “has never been defined, and has not needed definition, because it is inherent in the culture and conventions of the house”.
While peers are largely trusted to police their own conduct, there are some regulations. So what are the rules, who enforces them, and what are the consequences for those who break them?
What are peers required to declare?
Peers have to name the organisations where they hold paid directorships and work, in addition to unpaid directorships, on a public register. They only have to declare how much they are paid if it comes from foreign governments, organisations owned or controlled by foreign states, or individuals with official status in foreign states.
This means that, unlike MPs, peers are not generally required to reveal their income. Nor are they required to reveal how much time they spend on their outside roles.
Peers also have to register details of shareholdings of certain sizes: controlling interests, shares in a single company worth more than £100,000, or more than 10% of one firm’s shares.
They must register certain details concerning land or property they own, as well as overseas visits paid for by outside sources of more than £500 relevant to their role as a peer. Gifts of more than £300 to them or their spouse, such as tickets to events, hospitality and travel upgrades, must also be registered.
In addition to the specified financial interests, peers are expected to register financial and non-financial interests “which might be thought by a reasonable member of the public to influence a member’s parliamentary conduct”. Examples of interests that have been declared include being part of a horse-racing syndicate, a fellow of an Oxford college, or being married to another member of parliament.
What are the rules for peers?
The rules say members are not allowed to “profit from membership of the house by accepting or agreeing to accept payment or other incentive or reward in return for providing parliamentary advice or services”.
This means peers cannot abuse their position to exclusively advance the interests of those paying them. Peers can speak up for particular campaigns or interest groups, but if they have a financial interest, such as being paid by a company or organisation, they cannot advocate on its behalf. This applies to requesting meetings or writing letters to ministers or civil servants, or asking questions in parliament on behalf of a company, or advancing their cause in a debate. These rules also apply to hosting receptions or sponsoring parliamentary passes or events in the Palace of Westminster.
Peers hosting events are required to provide assurances that the event “will not damage the house’s reputation”.
There are some exceptions. If a peer is employed due to their experience from outside the Lords to provide advice on non-parliamentary matters, they can “on occasion” provide parliamentary advice or services. Peers can also speak in support of a campaign or cause in which they have a financial interest if it would have wider benefits for other groups.
The rules also say members must not “seek by parliamentary means” to provide an exclusive benefit for a third party in which they have a financial interest. “Parliamentary means” are described in notes as participation in the core work of the House of Lords, which it says includes proceedings such as voting, speaking in debates and tabling amendments.
Are peers always bound by the rules on lobbying?
Peers are allowed to take leave of absence, lasting until the end of a parliamentary session. Sessions typically last a year, although peers can reapply for leave. When they do so, they have to state “the date by which they expect to return” or, if unable to do so, the circumstances that would allow their return. They must also explain why they need a leave of absence, and affirm they have a “reasonable expectation that they will be in a position again to take part in the proceedings of the house”.
While on a leave of absence, peers do not have to register their interests or follow the rules on lobbying. They are not allowed to claim the daily allowance but can continue to access the parliamentary estate, including the restaurants and bars, and invite up to five guests to use the facilities with them. Absentee peers can even watch debates from the steps of the throne, though they cannot take part.
There are currently 20 peers on leave of absence, including high-profile figures such as William Hague and Peter Mandelson. Mandelson took leave of absence to be the British ambassador in Washington. Ed Llewellyn is the peer on the longest leave of absence. He has been away since 2016 after taking up ambassadorial postings, first in Paris and then Rome.
Who investigates alleged breaches of the rules?
The Lords commissioners for standards investigate alleged breaches of the code of conduct. There are two commissioners. Martin Jelley, a former chief constable who took the role in 2021, is expected to serve until 2026. Until mid-September he had worked alongside another commissioner, Akbar Khan, who left to be a judge in the upper tribunal. In February, Khan’s vacancy was filled by Margaret Obi, a former deputy high court judge.
The commissioners are able to use the powers of the conduct committee to call for witnesses, papers and records, and they work with the assistance of clerks to produce their reports. They question complainants and members as part of their investigations. They publish limited details of the investigations they are working on.
What happens when a peer is found to have broken the rules?
For minor breaches of the rules, commissioners can decide to agree with the peer a course of remedial action, such as a public apology in the chamber.
More serious breaches lead to the commissioner sending their report to the conduct committee along with a recommended sanction. Members can appeal against the finding and any sanction, and the conduct committee will report its conclusions to the Lords, where a final decision on the most serious sanctions will be decided by the whole house.
More formal sanctions can range from denial of access to facilities and services in the parliamentary estate, or a ban on daily allowance claims, to suspension from the house or expulsion.
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