Politics
The House | The Committee on Standards is a unique House of Commons select committee
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The Committee on Standards plays a unique role within the House of Commons. It is unusual compared to other select committees as it fulfils several functions.
Firstly, the committee (alike other committees) undertakes a policy function. It is responsible for recommending any modifications to the Code of Conduct as may from time to time appear to be necessary.
The committee also undertakes a key role in enforcing the code, considering and reporting on the commissioner’s memoranda on individual cases (the process is described in more detail below.)
The committee is also unique as it includes lay members. Lay members have full voting rights on the committee. The inclusion of lay members means it is not just MPs involved in the decision-making process. As there are equal numbers of lay members and MPs on the committee, and the chair (an MP) does not vote, lay members effectively hold the majority.
In addition, the lay members have the power to append an opinion to any committee report. The lay members are always asked whether they wish to submit an opinion before a report is finalised.
Policy functions:
Over this year, the committee will revisit the Code of Conduct to ensure that it remains up to date and fit for purpose in the current day. The committee will be sure to speak to colleagues across the House for their input on this important matter.
The committee also has the power to update the guide to the rules for All-Party Parliamentary Groups. In the coming year, the committee is likely to review the operation of All-Party Parliamentary Groups. This work would build upon the committee’s previous work from 2023.
Considering individual cases:
The Committee on Standards oversees the work of the independent parliamentary commissioner. The commissioner is an independent officer of the House of Commons.
The commissioner is responsible for the monitoring and operation of the House of Commons Code of Conduct and registers (including investigating alleged breaches). Under the Standing Orders of the House, the rectification procedure means the commissioner may conclude an investigation without making a referral to the committee.
The committee is not involved with the commissioner’s investigations, nor with what he puts in the accompanying memoranda.
The role of the committee is to consider alleged breaches of the Code of Conduct which have been drawn to the committee’s attention by the commissioner. The committee does not have the jurisdiction to open its own investigations.
When the committee considers a case referred to it, it must decide whether there has been a breach of the code. Should the committee decide that there has been a breach, it has a range of sanctions available to it; the most serious ones, such as suspension, must be agreed by the House itself.
The committee has recently dealt with three cases which resulted in minor breaches. They were in relation to APPGs, timely declarations of interest, and lobbying the commissioner.
The House agreed on 18 October 2022 to introduce an appeals process in the House’s standards system. This means that Members found by the Committee on Standards to have breached the Code of Conduct have a right of appeal to the Independent Expert Panel. The process for appeals is set out in chapter 6 of the Procedural Protocol agreed by the House. An appeal can only be made on specified grounds. Under the protocol, where the committee has recommended a sanction that requires a decision of the House, the House will only consider any motion relating to the committee’s recommended sanction after any appeal process has fully concluded, or the deadline for appeals lapses, or the Member has confirmed to the panel that they do not wish to appeal.
It is also important to note that the committee does not consider cases relating to bullying, sexual misconduct or harassment. These cases are considered by the Independent Complaints and Grievance Scheme.
Oversight function:
The Committee on Standards also oversees the work of the Parliamentary Commissioner for Standards. This includes examining the arrangements proposed by the commissioner for the compilation maintenance and accessibility of the Register of Members’ Financial Interests and any other registers established by the House.
On the 13th of January, the committee held an evidence session with the Commissioner for Standards. The committee questioned the commissioner on a range of matters relating to his work.
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