Better declarations of interest for Parliamentary Questions / mySociety

In our WhoFundsThem work, we want to make MPs’ financial interests much easier to understand and more transparent. One of the ways we think our work can make a difference is in highlighting processes that don’t make sense, and prodding Parliament to see what happens.

In this case, we’ve noticed an issue in how declarations of interests by MPs on Written Questions are handled — and raising this has triggered a review of the process.

We have also released a new dataset of Written Questions where an interest has been declared.

What’s the problem?

When submitting parliamentary questions, MPs should say if they have any relevant interests, and if so what they are. In the guide to submitting Written Questions online, MPs are told “If you have an interest to declare, click the box saying ‘yes’ and explain what the interest is.” Similarly, on the offline form, members are told to email the Table Office to say what the interest is.

However, only the ‘yes/no’ bit of this gets onto the Written Questions section of the Parliament website. The actual interest being disclosed is never released. The problem is this is a lower level of public disclosure than contributions to debates, where the standard is now (in theory) that it should be clear what the interest is as well as the fact that it exists. For oral questions, that interests need to be declared on the form is explicitly given as a reason there is no need for further declarations in the chamber. This would be reasonable if the information was available to be added to Hansard later – but as stands it is not.

Both in the chamber and on the form, MPs may refer to interests they have already declared, or raise something with a closer connection to the topic that doesn’t otherwise need to be disclosed. As well as financial interests, this might represent more personal interests (for instance, a health issue they have an interest in because of their own experiences).

Because we only have ‘an interest has been declared’, different types of disclosure are lumped together. This requires more work from anyone who wants to understand whether a declaration has further financial implications, or simply added context/personal background. In this case, it’s not even that the MPs are at fault: they’re disclosing information, but the process means that it’s not going anywhere.

Asking for more information

To see what would happen, we made a Freedom of Information request for this information that’s being recorded but not released.

As we mostly expected, this was withheld under the exemption that gives Parliament control over publishing its own proceedings (we can’t compel extra information to be published even if it exists). However, there was a recognition that this gap was a problem and as a result the process is being reviewed:

Nonetheless, while there is no statutory right to this information, Mr Speaker considers greater transparency would be desirable and has commissioned an urgent review of the publication policy. The review may well lead to the information you seek being provided on a non-statutory basis, but it will take a little time to carry out.

This is great news, and better future publication would help make disclosure more uniform and effective.

This response also confirmed that the current process is a bit of black hole, with it being inappropriate for officials to screen questions as a result of interests declared:

It is Members, not officials, that are responsible for deciding what to register or declare, and deciding whether or not their interests are of a sort which should prevent them asking a particular question or taking part in a debate.

As such, the disclosures MPs make as part of this process are functionally going nowhere (except as an honesty exercise for the MPs involved): they have no public visibility and no internal decisions are made as a result of information disclosed.

Why this matters

We’re interested in Written Questions because they’re both an important part of how Parliament holds the government to account, but also a potential way that MPs can use their public position for private gain.

MPs have privileged access to government information. Written Questions are both faster than Freedom of Information requests (normal reply of five days rather than 28 days), and can ask questions that might require producing new information (while FOI only applies to data and information that already exists).

In the 90s, there was a Cash for Questions scandal, and there is reason to suspect that some version of this continues. Simon Weschle found a statistical connection between a group of MPs with second jobs (especially those in the “knowledge sector”) and increased numbers of questions asked. Looking at the content of these extra questions, he found these MPs asked more questions about internal department policies and projects. While Weschle is careful to avoid suggesting impropriety by any single MP highlighted, this suggests a slightly less immediately transactional version of cash for questions. Companies that can hire MPs have the ability to extract more information about government work, that may enrich the company, even if the MP’s formal role is tangential to this work. In general, MPs should strive to avoid even the appearance that this is what is happening.

What can we do in the meantime?

We’re going to keep an eye out for changes made as a result of this review, but there’s more we can do in the meantime.

The first thing we’ve already done is make the dataset of questions with declared interests more accessible. Using the Parliament website’s Written Questions service, you can’t easily pick out just those with a declared interest. We’ve set up a process to republish Written Questions with declared interests as a spreadsheet and through a data explorer.

If we decide to start weekly summaries of interests declared in debates, we could similarly keep track of new questions with declared interests and try and reconcile them to information elsewhere. The volume is low enough we could email MPs to ask what they’ve declared if unclear.

Something we considered was categorising questions with interests disclosed as part of our crowdsource of the register of interests, but we left this off to keep the scope of the exercise manageable. However, the real issue to dig into is not the relatively small number of questions with interests disclosed (around 256 last year), but understanding whether there are interests undisclosed in the 40,000 other questions submitted.

This is too great a volume to easily crowdsource, but we’d like to explore whether we can pair the task with a machine learning approach to narrow the problem down to a smaller list of entries for manual review. As part of the current crowdsource, our volunteers are collecting information about associated companies. This might be a first step in exploring this problem.

Help us go further

This is part of our wider WhoFundsThem project – where we are building new datasets and crowdsourcing information about MPs’ financial interests to improve what we list on TheyWorkForYou.

Under pretty much every rock we turn over, we find something that needs more attention. We would like to do a lot more work like this: finding ways to apply new technology to make parliamentary monitoring more comprehensive and sustainable.

If you’d like to help us do more, please consider supporting us with a one-off or monthly donation.

Image: Jon Tyson on Unsplash.