Dimension: 2.1.2 Conflicts of interest
This dimension concerns conflicts of interest, which are issues, matters or actions involving an MP or staff member whose private interests prevail over those of the public, and therefore come into direct conflict with that person’s mandate as a public official.
Rules on conflicts of interest and measures for addressing them should be codified in parliament’s rules of procedure or in the national legal framework. This dimension focuses primarily on conflicts of interest relating to the following aspects:
- The registration of private interests in parliamentary debates (known as “interest disclosure rules”).
- The holding of multiple offices. Parliamentary rules may, for example, include time-bound restrictions following an MP’s departure from office to prevent the MP from taking up elected office in a different government branch or level of government in the period immediately after an unsuccessful election or departure from office.
- The declaration of assets. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. ’s rules of procedure often require MPs to declare their assets and, potentially, the assets of close family members, as well as their liabilities. MPs are required to make such declarations when they join and leave parliament, and to provide regular updates.
- The accepting of gifts and hospitality. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. ’s rules of procedure contain clear rules on the accepting of gifts by MPs and other public office holders, including protocol gifts. MPs are typically required to declare sponsored travel and accommodation, and such declarations are made publicly available.
- The advising of foreign governments.
Practices in this area vary significantly among countries: some have separate laws aimed at preventing and managing conflicts of interest, while others have general anti-corruption legislation to address the issue. Some countries have adopted different requirements for public office holders, including MPs, and for parliamentary staff.
Such rules should be supported by strategies and practices to promote an organizational culture that does not tolerate conflicts of interest. For example, non-partisan parliamentary ethics bodies, commissions and councils offer distinct mechanisms to avoid conflicts of interest. It is also important that the process of identifying, resolving and managing conflict-of-interest situations is transparent.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Rules on conflict of interest
The legal framework codifies the rules on conflicts of interest and measures for addressing them. Any exemptions to these rules are limited and clearly defined.
No 2: Parliamentary mechanisms
Parliamentary mechanisms are in place to prevent, detect and address conflicts of interest within parliament and, where necessary, to hold MPs and staff to account.
No 3: Provisions regarding potential conflicts of interests
Parliament’s rules of procedure contain provisions regarding potential conflicts of interests, including the registration of MPs’ private interests in parliamentary debates, the holding of multiple offices, the declaration of assets, the accepting of gifts and hospitality, and the advising of foreign governments.
No 4: Compliance
A non-partisan or independent body is tasked with monitoring compliance with these rules and procedures, and with initiating procedures in the event of non-compliance. The process of identifying, resolving and managing conflicts of interest is transparent.
No 5: Guidance
Guidance is available to help MPs and staff ensure that they avoid conflicts of interest.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the constitution and/or other aspects of the legal framework relating to conflicts of interest, particularly in a parliamentary context
- Provisions of parliament’s rules of procedure addressing the registration of MPs’ private interests in parliamentary debates, the holding of multiple offices, the declaration of assets, the acceptance of gifts and hospitality, and the advising of foreign governments
- Reports by the body tasked with monitoring compliance with conflict-of-interest rules and procedures
- Data on mandatory disclosures submitted by MPs
- Reports on compliance with conflict-of-interest rules and procedures
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- Gerard Carney, Conflict of interest Conflict of interest In the parliamentary context, a situation in which someone in a position of trust or authority has competing professional or personal interests that directly challenge their role as a person representing the public interest, leaving them unable to fulfil their duties impartially. A conflict of interest exists even if no unethical or improper act result from this situation, and where there is an appearance of impropriety that can undermine confidence in the person/position/office. : Legislators, ministers and public officials (1999).
- Commonwealth Parliamentary Association (CPA), Recommended Benchmarks for Democratic Legislature Legislature See: Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. . s, revised edition (2018).
- European Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. , The Effectiveness of Conflict of Interest Policies in the EU-Member States (2020).
- Phil Mason, Rethinking strategies for an effective parliamentary role in combatting corruption (2021).
- Richard Messick, Income and assets declarations: Issues to consider in developing a disclosure regime (2009).
- National Democratic Institute (NDI), Legislative Ethics: A Comparative Analysis (1999).
- NDI, Toward the Development of International Standards for Democratic Legislatures (2007).
- Organisation for Economic Co-operation and Development (OECD), Managing Conflict of Interest in the Public Public All the members of a community in general, regardless of their citizenship status. Service: OECD Guidelines and Country Experiences (2003).
- OECD, “Managing conflict of interest”.
- Organization for Security and Co-operation in Europe (OSCE), Background Study: Professional and Ethical Standards for Parliamentarians (2012).
- Transparency International, “Publications”.
- United Nations, United Nations Convention against Corruption (2003).
- United Nations Office on Drugs and Crime (UNODC), Legislative guide for the implementation of the United Nations Convention against Corruption, second revised edition (2012).
Get help with this assessment
The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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