Regulating the conduct of MPs. The British experience of combating corruption

Political Studies

Volumn 45, Issue 3, 1997, Pages 539-558

  Oliver, Dawn ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0040600733     PISSN: 00323217     EISSN: None     Source Type: Journal    
DOI: 10.1111/1467-9248.00095     Document Type: Article

References (78)

1. 'Slackness', was used in relation to standards in public life in the Nolan Committee's first report.
2. 'Ethical lassitude', is used by M. Mancuso in 'Ethical attitudes of British MPs', Parliamentary Affairs 46 (1993), p. 180.
3. List adapted from the National Consumer Council report Self-Regulation, 1986; see also C. Graham 'Self-regulation', in G. Richardson and H. Genn (eds), Administrative Law and Government Action (1994).
4. List adapted from the National Consumer Council report Self-Regulation, 1986; see also C. Graham 'Self-regulation', in G. Richardson and H. Genn (eds), Administrative Law and Government Action (1994).
5. This latter set of concerns was expressed by the Nolan Committee, and resulted in a Commissioner for Public Appointments being appointed in 1996: see First Report of the Committee on Standards in Public Life, Cm 2850 (1995), Second Report of the Committee on Standards in Public Life, Local Public Spending Bodies, Cm 3270 (1996) and Second Report of the Public Service Committee 1996-97, The Work of the Commissioner for Public Appointments, HC Paper (1996-97) 141.
6. This latter set of concerns was expressed by the Nolan Committee, and resulted in a Commissioner for Public Appointments being appointed in 1996: see First Report of the Committee on Standards in Public Life, Cm 2850 (1995), Second Report of the Committee on Standards in Public Life, Local Public Spending Bodies, Cm 3270 (1996) and Second Report of the Public Service Committee 1996-97, The Work of the Commissioner for Public Appointments, HC Paper (1996-97) 141.
7. This latter set of concerns was expressed by the Nolan Committee, and resulted in a Commissioner for Public Appointments being appointed in 1996: see First Report of the Committee on Standards in Public Life, Cm 2850 (1995), Second Report of the Committee on Standards in Public Life, Local Public Spending Bodies, Cm 3270 (1996) and Second Report of the Public Service Committee 1996-97, The Work of the Commissioner for Public Appointments, HC Paper (1996-97) 141.
8. Sir Richard Scott, Report of the Inquiry into the Export of Defence Equipment and Dual-use Goods to Iraq and Related Prosecutions, HC Paper (1995-96) 115.
9. See I. Leigh [1993] P.L. 630 and [1996] Public Law, 357-527.
10. Jones v. Swansea C.C. [1990] 1 WLR 1453; Dunlop v. Woollahra Municipal Council [1982] AC 158, [1981] 1 All ER 1202, P.C.; Three Rivers District Council v. Governor and Company of the Bank of England (No. 3) [1996] 3 All ER 558. See also De Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th edn, 1995) pp. 783-785; Clark and Lindsell on Tort, (17th edn, 1995) p. 134; and C. Hadjiemmanuil 'Civil liability of regulatory authorities after the Three Rivers case', [1996] Public Law 32.
11. Jones v. Swansea C.C. [1990] 1 WLR 1453; Dunlop v. Woollahra Municipal Council [1982] AC 158, [1981] 1 All ER 1202, P.C.; Three Rivers District Council v. Governor and Company of the Bank of England (No. 3) [1996] 3 All ER 558. See also De Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th edn, 1995) pp. 783-785; Clark and Lindsell on Tort, (17th edn, 1995) p. 134; and C. Hadjiemmanuil 'Civil liability of regulatory authorities after the Three Rivers case', [1996] Public Law 32.
12. Jones v. Swansea C.C. [1990] 1 WLR 1453; Dunlop v. Woollahra Municipal Council [1982] AC 158, [1981] 1 All ER 1202, P.C.; Three Rivers District Council v. Governor and Company of the Bank of England (No. 3) [1996] 3 All ER 558. See also De Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th edn, 1995) pp. 783-785; Clark and Lindsell on Tort, (17th edn, 1995) p. 134; and C. Hadjiemmanuil 'Civil liability of regulatory authorities after the Three Rivers case', [1996] Public Law 32.
13. Jones v. Swansea C.C. [1990] 1 WLR 1453; Dunlop v. Woollahra Municipal Council [1982] AC 158, [1981] 1 All ER 1202, P.C.; Three Rivers District Council v. Governor and Company of the Bank of England (No. 3) [1996] 3 All ER 558. See also De Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th edn, 1995) pp. 783-785; Clark and Lindsell on Tort, (17th edn, 1995) p. 134; and C. Hadjiemmanuil 'Civil liability of regulatory authorities after the Three Rivers case', [1996] Public Law 32.
14. Jones v. Swansea C.C. [1990] 1 WLR 1453; Dunlop v. Woollahra Municipal Council [1982] AC 158, [1981] 1 All ER 1202, P.C.; Three Rivers District Council v. Governor and Company of the Bank of England (No. 3) [1996] 3 All ER 558. See also De Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th edn, 1995) pp. 783-785; Clark and Lindsell on Tort, (17th edn, 1995) p. 134; and C. Hadjiemmanuil 'Civil liability of regulatory authorities after the Three Rivers case', [1996] Public Law 32.
15. Jones v. Swansea C.C. [1990] 1 WLR 1453; Dunlop v. Woollahra Municipal Council [1982] AC 158, [1981] 1 All ER 1202, P.C.; Three Rivers District Council v. Governor and Company of the Bank of England (No. 3) [1996] 3 All ER 558. See also De Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th edn, 1995) pp. 783-785; Clark and Lindsell on Tort, (17th edn, 1995) p. 134; and C. Hadjiemmanuil 'Civil liability of regulatory authorities after the Three Rivers case', [1996] Public Law 32.
16. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
17. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
18. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
19. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
20. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
21. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
22. R. v. Bowden [1995] 4 All ER 505; Henley v. Lyme Corporation (1828) [1824-34] All ER Rep 503, 131 ER 1180, HL; R. v. Bembridge (1783) 3 Doug 327, 99 ER 679; R. v. Dytham [1979] QB 722; R. v. Hall [1891] 1 QB 747; R. v. Llewellyn-Jones [1968] 1 QB 429; R. v. Whitaker [1914] 3 KB 1283.
23. R. v. Vaughan (1769) 4 Burr. 2494.
24. R. v. Vaughan, supra.
25. R. v. Lancaster and Worrall (1890) 16 Cox 737.
26. Although it is commonly asserted that MPs cannot be prosecuted for bribery in R. v. Currie, Jurasek, Brooks, Greenway and Plasser Railway Machinery (GB) Ltd, 1992, unreported, Buckley J said: That a Member of Parliament against whom there is a prima facie case of corruption should be immune from prosecution in the Courts of law is to my mind an unacceptable proposition at the present time. I do not believe it to be the law. (Quoted in the Note on Payments to Members of Parliament for Parliamentary Services, prepared for the Committee on Standards in Public Life by Sir Clifford Boulton, GCB, August 1994.) The Nolan Committee - see below - recommended that this question be clarified (Cm 2850-I, p. 43) and the government agreed to consider referral to the Law Commission (Cm 2931, p. 2), which examined the position in its consultation paper 145 Legislating the Criminal Code: Corruption.
27. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
28. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
29. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
30. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
31. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
32. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
33. See Royal Commission on Standards of Conduct in Public Life (the Salmon Commission) Cmnd 6524; HC Deb. vol. 917, col. 1446; Zellick 'Bribery of Members of Parliament and the criminal law' [1979] Public Law 31; [1981] Public Law, 287; S. Williams, Conflict of Interest, 1985, pp. 85-6. The Home Office Discussion Paper Clarification of the law relating to the Bribery of Members of Parliament, December 1996 summarizes the position. And see Law Commission consultation paper 145, n. 12 supra.
34. Public Bodies Corrupt Practices Act 1889, ss. 1,2,3,(2),4,7.
35. See Erskine May, Parliamentary Practice (21st edn: London, 1989), chs 5-11.
36. Today the ordinary courts of record still have the right to commit individuals for contempt of court.
37. Erskine May, n. 15 supra, pp. 119, 128.
38. See the Committee of Privileges Report HC Paper (1946-47) 118 and House of Commons Resolutions on the W. J. Brown affair, H.C. Deb., Vol. 440, col. 365, July 15, 1947.
39. See the Committee of Privileges Report HC Paper (1946-47) 118 and House of Commons Resolutions on the W. J. Brown affair, H.C. Deb., Vol. 440, col. 365, July 15, 1947.
40. See the W. J. Brown case, n. 18 supra.
41. See Second Report from the Committee of Privileges: Complaint concerning a Resolution of the Yorkshire Area Council of the National Union of Mine workers (HC Paper (1974-75) 634).
42. Notably Stockdale v. Hansard (1839) 9 Ad & E 1; The Case of the Sheriff of Middlesex (1840) 11 A & E 273; Bradlaugh v. Gossett (1884) 12 QBD 271.
43. Notably Stockdale v. Hansard (1839) 9 Ad & E 1; The Case of the Sheriff of Middlesex (1840) 11 A & E 273; Bradlaugh v. Gossett (1884) 12 QBD 271.
44. Notably Stockdale v. Hansard (1839) 9 Ad & E 1; The Case of the Sheriff of Middlesex (1840) 11 A & E 273; Bradlaugh v. Gossett (1884) 12 QBD 271.
45. See Walter Bagehot The English Constitution (1867, repub. with intro. by R. H. Crossman, 1963).
46. Complaint concerning an article in the 'Sunday Times' of 10 July 1994 relating to the conduct of members, H.C. Paper (1994-95) 351; H.C. Deb., April 20, 1995, col. 382. See also D. Oliver 'Standards of conduct in public life: what standards?' [1995] Public Law, p. 497.
47. Complaint concerning an article in the 'Sunday Times' of 10 July 1994 relating to the conduct of members, H.C. Paper (1994-95) 351; H.C. Deb., April 20, 1995, col. 382. See also D. Oliver 'Standards of conduct in public life: what standards?' [1995] Public Law, p. 497.
48. Complaint concerning an article in the 'Sunday Times' of 10 July 1994 relating to the conduct of members, H.C. Paper (1994-95) 351; H.C. Deb., April 20, 1995, col. 382. See also D. Oliver 'Standards of conduct in public life: what standards?' [1995] Public Law, p. 497.
49. In one case raised in the House an amendment was tabled in the name of another MP, Sebastian Coe: see H.C. Deb., Vol. 260, Col. 612, May 22, 1995. The MP in question apologized to the House.
50. H.C. Deb. 25 October 1994, Cols. 757-9.
51. See T. C. Daintith 'Regulating the market for M.P.s' services' [1996] Public Law, 179.
52. First Report of the Committee on Standards in Public Life, Cm 2850 (1995).
53. First Report of the Committee on Standards in Public Life, Cm 2850 (1995), p. 3.
54. See First Nolan Report, n. 4 supra, at page 14.
55. Select Committee on Procedure of the House, Third Report 1994-95 Declaration and Registration of Interests, H.L. Paper 90; H.L.Deb., 1 November 1995, vol. 566, col. 1428; Register of Lords Interests 1996, H.L. Paper 34, 14 February 1996.
56. Select Committee on Procedure of the House, Third Report 1994-95 Declaration and Registration of Interests, H.L. Paper 90; H.L.Deb., 1 November 1995, vol. 566, col. 1428; Register of Lords Interests 1996, H.L. Paper 34, 14 February 1996.
57. Select Committee on Procedure of the House, Third Report 1994-95 Declaration and Registration of Interests, H.L. Paper 90; H.L.Deb., 1 November 1995, vol. 566, col. 1428; Register of Lords Interests 1996, H.L. Paper 34, 14 February 1996.
58. First Nolan Report, supra note 4, at para 1.
59. House of Commons Standing Order no. 121A.
60. House of Commons Standing Order no. 121B.
61. To be known as the Resolution of 6 November 1995 Relating to the Conduct of Members.
62. H.C. Deb., 6 November 1995, vol. 265, col. 681.
63. See H.C. Official Report vol. 282, 24 July 1996, col. 392; Third Report from the Committee on Standards and Privileges, The Code of Conduct and the guide to the Rules Relating to the Conduct of Members, H.C. Paper (1995-96) 604.
64. See H.C. Official Report vol. 282, 24 July 1996, col. 392; Third Report from the Committee on Standards and Privileges, The Code of Conduct and the guide to the Rules Relating to the Conduct of Members, H.C. Paper (1995-96) 604.
65. Cabinet Office, 1994.
66. The Code is to be found at Annex A, para 4.1 of the Civil Service Management Code (1996) issued under the Civil Service Order in Council 1995, art. 10(b); the text is set out at 566 HL Official Report (5th series) 30 October 1995, written answers, cols. 146-8.
67. For an economic analysis see T. C. Daintith 'Regulating the market for MPs' services' [1996] Public Law 179, at p. 186. The remuneration of MPs was referred to the Senior Salaries Review Body, which reported in June 1996: Cm 3330 (1996). See H.C. Deb., Vol. 271, written answers, cols. 101-2, February 6, 1996.
68. For an economic analysis see T. C. Daintith 'Regulating the market for MPs' services' [1996] Public Law 179, at p. 186. The remuneration of MPs was referred to the Senior Salaries Review Body, which reported in June 1996: Cm 3330 (1996). See H.C. Deb., Vol. 271, written answers, cols. 101-2, February 6, 1996.
69. See 281 HC Official Report (6th series), 10 July 1996, col. 533. The previous salary had been £34,500.
70. See T. C. Daintith, note 40 supra, at p. 180.
71. Register of Members' Interests, 1996 edition, HC Paper (1995-96) 345.
72. The Parliamentary Commissioner for Standards and the Committee for Standards and Privileges have investigated and reported on a number of complaints about failures to register interests. For instance, in the Complaint against Marjorie Mowlam (H.C. Paper (1995-96) 636) the Committee accepted the Parliamentary Commissioner for Standards' finding that although there had not been a breach of the letter of the rules, the spirit of the rules would have been better served by disclosure of the source of funding. The MP accepted the findings and offered her apologies to the House. In the Complaint against Dr Charles Goodson-Wickes (HC Paper (1995-96) 679) the Committee accepted the Parliamentary Commissioner for Standards' finding that the present obligation to declare interests on written notices was not wholly understood by Members, but that the MP should have declared an interest. The MP disagreed with the conclusion, but agreed to abide by it. In the Complaint against Mr Jonathan Aitken (HC Paper (1995-96) 243) the Committee accepted the Commissioner's finding that there had been a breach of the 1990 Rules on the Registration of Interests, and recommended that the House accept the MP's apology.
73. First Report of the Committee on Standards and Privileges, Complaint of Alleged Improper Pressure Brought to Bear on the Select Committee on Members' Interests in 1994, HC Paper (1996-97) 88.
74. First Report of the Committee on Standards and Privileges, Complaint of Alleged Improper Pressure Brought to Bear on the Select Committee on Members' Interests in 1994, HC Paper (1996-97) 88, Appendix 2, p. 58.
75. Third Report of the Committee on Standards and Privileges Complaint of Alleged Improper Pressure Brought to Bear on the Select Committee on Members' Interests in 1994 [Further Report] HC Paper (1996-97) 226.
76. The Times, 30 December 1996.
77. [1994] 3 All ER 407, P.C. See G. Marshall 'Impugning parliamentary impunity' [1994] Public Law 509; A. Sharland and I. Loveland 'The Defamation Act 1996 and Political Libels' [1997] Public Law 113.
78. [1994] 3 All ER 407, P.C. See G. Marshall 'Impugning parliamentary impunity' [1994] Public Law 509; A. Sharland and I. Loveland 'The Defamation Act 1996 and Political Libels' [1997] Public Law 113.