|
|
|
|
| Parliamentary Practices in Devolved Parliaments |
| Appendix 1 |
| CODES OF CONDUCT FOR POLITICAL CONSULTANTS/LOBBYISTS |
| (i) UK |
| (ii) Europe |
| (iii) Scotland - |
| DRAFT Code of Conduct for |
| the propose Association of Scottish Public Affair (ASPA) |
| Appendix 1 (i) |
| CODE AND REGISTER FOR PROFESSIONAL PARLIAMENTARY ADVISERS |
| PUBLIC RELATIONS CONSULTANTS ASSOCIATION: CODE AND REGISTER FOR PROFESSIONAL PARLIAMENTARY ADVISERS |
| Scope and Interpretation |
| 1.This register and the associated Professional Charter and complaints and arbitration procedure applies to professional Parliamentary Advisers within membership of the PRCA. Accordingly, any company (or partnership, or individual person) engaged in parliamentary or public affairs consultancy or work of a similar kind, and which lobbies Members of Parliament (or their staff) for reward on behalf of clients or which provides information or advisory services to clients to assist them to lobby on their own behalf shall place an entry up a Register which shall be kept by the PRCA. |
| 2. For the purposes of the Register " lobbying" consists of representations made to any member of Parliament or to any member of his or her staff on any aspect of Government policy, or any measure implementing that policy, such as contracts, appointments, loans and grants, or planning decisions. or any item of legislation, or any matter being considered, by either House of Parliament or any Committee or either House. |
| Arrangements for Registration |
| 1.The PRCA shall cause the Register to be published annually and, prior to publication, every person or firm entered up on the register shall notify the PRCA in writing of any change, or shall confirm in writing that there is no change, in the entry. |
| 2. Registration shall not give the right to any preferential access to the House or to any services or facilities of the House. or to Parliamentary Papers unless Parliament determines otherwise. |
| 3. It shall be the duty of all those who register to ensure that their entries are clear and accurate and are kept up to date on a rolling basis. |
| Rules |
| 1.Any entry in the Register shall contain the following information: |
| a. Full name and business address (or addresses). |
| b. In the case of a company, whether the company is public or private; the name (when relevant) of any parent company; the names of any associated or subsidiary companies and the manes of all directors. |
| c. The names of all clients identifying: |
| i. those clients to whom a lobbying service has been provided. |
| ii. In any case where the client is not the ultimate beneficiary of any service provided, the name of such beneficiary. |
| d. In the case of a company or partnership, the name of any Member of Parliament with a pecuniary interest in. or receiving pecuniary benefit from, the company or partnership (not being a shareholding purchased in the normal way). |
| 2. In the case of a company, the directors of that company, or in the case of a partnership, all partners, and in other cases the individual person or persons submitting the entry shall be responsible for the accuracy of the information that entry contains. |
| 3. All those who register thereby bind themselves to observe a Code of Conduct and to obey any associated disciplinary procedure, both of which may be amended form time to time. |
| CODE OF CONDUCT |
| Preamble: Scope of the Code |
| 1.This Code applies to all who register. Any firm or partnership one of whose directors or partners knowingly causes or permits a member (whether a full-time or part-time member) of its staff to act in a manner inconsistent with this Code is party to such an action and shall itself be deemed to be in breach of it. Any member of staff of a company or partnership, as the case may be. who acts in a manner inconsistent with this Code must be disciplined by the employer. |
| 2. This Code is intended to co-exist with other professional Codes of Conduct to which signatories to the Register already subscribe. However, in the event of any conflict arising, or appearing to arise. the obligations of the Register, this Code of Conduct, and the related disciplinary procedure are paramount. |
| 3. All those who register have the positive duty to observe the highest professional standard particularly in their dealings with members of Parliament; with Members' staff, with public servants. with fellow professionals and with clients. |
| 4. All those who register shall uphold this Code and co-operate with Parliament and with other signatories of the Register in exercising vigilance in order to ensure the maintenance and enforcement of the Code. |
| General Conduct |
| 5. All those who register shall: |
| a. Comply at all times with the rules relating to the Register; |
| b. Conduct their professional activities in accordance with the public interest; |
| c. Have a positive duty to respect the truth; |
| d. Not disseminate false or misleading information knowingly or recklessly; shall exercise proper care to avoid doing so inadvertently; |
| e. Ensure that the actual interest of any organisation with which it may be professionally concerned is fully declared; |
| f. When working in association with other professional persons, identify and respect the codes of those professions; |
| g. Honour confidences given in the course of professional activity; |
| h. Avoid any professional conflict of interest; |
| i. Neither propose nor undertake any action which would constitute an improper influence on the organs of Government or legislation or on the media of |
| communication. |
| j. Neither offer, nor give, nor cause a client or an associate to offer or give, any inducement to any Member of Parliament, or any other person holding public office, or any public servant, or any member of any statutory body or organisation with intent to further their interest of any client (except that a director, executive or retained consultant of any firm in question shall be entitled to receive proper remuneration). |
| k. Not receive any commission from a client which involves only payment by result (i.e. contingency payments", or "success fees"). |
| 6. No person to whom this Code applies may indicate directly or indirectly to a client; to a prospective client. or otherwise, that entry in the Register in any way constitutes approval by Parliament. However, it shall be permitted to draw the attention of any person whatsoever to the commitments that have been entered into by every signatory of the Register. in particular to the terms of this Code. |
| Conduct towards Members of Parliament |
| 7. Any person to who this Code applies shall have the duty: |
| i. To inform any Member of parliament who is approached on behalf of a client of the name of the client, the reason for the approach, and the name of any company or partnership employing that person; |
| ii. To inform any Member of Parliament, or any member of his or her staff, or any member of staff of the House of Commons. form whom information is sought relating to any proceeding of Parliament of the reasons for seeking that information; |
| iii. While within the precincts of the House, to conduct themselves fully in accordance with the rules laid down by the authorities of the House. |
| 8. Any person to whom this Code applies, and who is in possession of a Palace of Westminster access pass in any other capacity than as a Member of the House of Lords, shall not use any facility of either House to which that person has access in order to make any representations or otherwise to assist clients (either his or her own clients or the clients of his or her employer). |
| Conduct towards Clients |
| 9. All those who register shall: |
| a. Safeguard the confidence of both present and former clients and shall not disclose or use these confidences to the disadvantage or prejudice of such clients or the financial advantage of the member firm unless the client has released such information for public use, or has given specific permission for its disclosure; except upon the order of a court of law or of either House of Parliament. |
| b. Inform a client of any shareholding or financial interest held by that firm or by any member of that firm in any company, firm or person whose services it recommends. |
| c. Inform a client of any fees, commissions, or other valuable considerations offered by any persons other than the client; which are relevant in any way to the interests of that client. |
| d. In no way misuse any information regarding a client's business or any other inside information for financial or other gain. |
| e. In no circumstances directly invest in a client's securities without the prior written permission of the client |
| f. In no circumstances serve a client under terms or conditions which might impair that client's independence, objectivity or integrity |
| g. In no circumstances represent conflicting or competing interests without the specific consent of the clients concerned. |
| h. In no circumstances guarantee the achievement of results which are beyond the practicable possibility of achievement. |
| Conduct towards other signatories of the Register |
| 10. All those who register shall: |
| i. Adhere to the highest standards of accuracy and truth, avoiding extravagant claims or unfair comparisons. |
| ii. Refrain from any comment or action which would be liable to injure the professional reputation of others in the profession. |
| COMPLAINTS AND ARBITRATION PROCEDURE |
| 1. The main purpose of the complaints procedure is to provide a mechanism for the enforcement of the Code of Conduct. |
| 2. Like the Code of Conduct the complaints procedure is intended to be coexistent with any professional Code of Conduct and disciplinary procedure to which signatories to the Register already subscribe. In the event of a conflict arising or appearing to arise; this Code of Conduct complaints procedure and any arbitration procedure that may subsequently be established shall be paramount. |
| Complaints |
| 3. A complaint may be made by: |
| i. Any Member of Parliament in respect of paragraphs 5 to 8 of the Code of Conduct. |
| ii. Any company or other organisation or person, whose mane has appeared in the Register for not less than six months in respect of paragraphs 5 to 10 of the Code of Conduct. |
| iii. Any client in respect of paragraphs 9 and 10. |
| 4. All complaints shall be investigated by the PRCA Professional Practices Committee which shall consist. in part. of representatives of firms who are registered. |
| 5. Matters that are currently the subject of legal action will not normally be subject to the complaints procedure. except when, in the case of a civil action, it is the opinion of the Professional Practices Committee that there has been an unwarrantable delay in bringing the matter before a Court of Law. |
| 6. The Professional Practices Committee operates an arbitration procedure in respect of such matters. |
|
REGISTER OF PARLIAMENTARY ADVISERS NOTE: PLEASE COMPLETE A SEPARATE FORM FOR EACH CLIENT DETAILS OF CONSULTANCY Business or Company Name: ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… Address: ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… Telephone Number………………………………………………………………………………………………… Names of any MPs with a pecuniary interest in, or pecuniary benefit from the company: ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… Names of staff/consultants authorised to performs services on behalf of the client, including MPs and their staff: ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… Name of contact Partner/Director: ……………………………………………………………………………… Signature of contact Partner/Director: …………………………………………………………………………. Date: …………………………………………………………………………………………………………………… |
| DETAILS OF CLIENT
Name:………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. Address: ……………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. Telephone No: :……………………………………………………………………………………………………… Contact Name: :……………………………………………………………………………………………………… Beneficiary of Lobby, if not above: ……………………………………………………………………………… ………………………………………………………………………………………………………………………….. Principal Activity of client: ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. Subject of assignment: …………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. Period of assignment: …………………………………………………………………………………………….. |
| ASSOCIATION OF PROFESSIONAL POLITICAL CONSULTANTS |
Association members will be required
to endorse, adopt and observe the following ethical duties related to professional
political consultants:
Save for entertainment and token business mementoes, not to offer, give or cause a client to give any financial incentive or other incentives to a representative or employee of Parliament or to any public servant or person acting on their account; or to receive any incentive (whether from a client, supplier or would-be supplier to the company or elsewhere) that could be construed in any way as a bribe or solicitation of favour: · Not to place themselves in a position of potential conflict by appointing any MP, MEP or sitting Peer to their main or any subsidiary or associated board or by paying any retainer or commission to an MP. MEP. sitting Peer or person acting on their account or, directly or through third parties, by making any payment to a UK political party. · To avoid exploitation of public servants or abuse of the facilities or institutions of central and local government and to conduct themselves in accordance with the rules of the Palace of Westminster while within its precincts. · To uphold this code and to co-operate with fellow members and the Association both in doing so and in enforcing the Association's rules and determinations. |
| If you have any queries about this code or the APPC in general, please contact: |
| Charles Miller. Secretary. The Association of Professional Political Consultants. 50 Rochester Row. London. SWIP 1JU. Telephone: 0171 828 7127 Fax: 0171 828 7217 |
|
|
|