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PARLIAMENT AND DEMOCRACY - Inter-Parliamentary Union

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consensus and the corresponding enforceability of any code of practice. Yet it<br />

could serve as a reasonable rule of thumb that, the more conflicts of interest<br />

are a matter of public concern in a particular country, the more the need for a<br />

clear and enforceable register of interests, and for an impartial figure to<br />

adjudicate such matters, in order to restore or maintain public confidence.<br />

On the matter of mechanisms for enforcing codes of conduct, it is<br />

worth quoting here a paragraph supplied by National Democratic Institute<br />

for <strong>Inter</strong>national Affairs (NDI) from its work on international standards for<br />

democratic legislatures:<br />

Self-regulation is often insufficient to effectively enforce ethics regulations.<br />

For this reason, many countries have tasked an independent or<br />

non-partisan entity to monitor compliance with ethical codes – as in<br />

the case of the <strong>Parliamentary</strong> Commissioner for Standards in the<br />

United Kingdom. The code of conduct is enforced by the Committee on<br />

Standards and Privileges, and it is the duty of the Commissioner to<br />

advise the Committee, maintain the Register of Members’ interests,<br />

advise members, confidentially, on registration matters, monitor the<br />

operation of the code and the register; and finally, receive and, if<br />

appropriate, investigate complaints from legislators and citizens.<br />

Whilst the Commissioner cannot impose penalties, a power left to the<br />

Committee, he or she brings to the role greater levels of impartiality<br />

than might reasonably arise from the self-monitoring of an ethics<br />

committee.<br />

<strong>Parliamentary</strong> attendance<br />

Most parliamentary codes of conduct concern themselves mainly with<br />

financial matters and potential conflicts of interest. However, these are not the<br />

only issues that may affect the confidence of electorates in their representatives.<br />

Also of concern, for example, is the issue of parliamentary attendance.<br />

As has already been noted, TV pictures of largely empty chambers for plenary<br />

sessions can convey a misleading impression, since members may well be<br />

absent on other legitimate parliamentary and constituency business. Most<br />

parliaments regulate their members’ attendance at committees and plenary<br />

sessions through their standing orders, which typically require notification to<br />

the Presiding Officer of reasons for absence. Penalties for ‘unreasonable<br />

absence’ may include any or all of the following:<br />

■ publication of an attendance/absence list;<br />

■ censure or ‘call to order’;<br />

A parliament that is accountable I 103

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