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{
    "id": 476424,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/476424/?format=api",
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    "content": "member. Therefore, Members shall disclose before speaking or voting in plenary or in one of the Parliament’s bodies, or if proposed as a rapporteur, any actual or potential interest in relation to the matter under consideration, where such conflict is not evident from the information declared”. Our own Standing Orders No.90 states that, 1. A Member who wishes to speak on any matter in which the Member has a personal interest, shall first declare that interest. 2. Personal interest include pecuniary interest, propriety interest, personal relationships and business relationships. Further Article 75(1) of the Constitution states that a State office shall behave whether in public or official life, in private life or in association with other persons in a manner that avoids any conflict between personal interest and public official duties. In addition Article 122 (3) requires that a Member shall not vote on any question in which the Member has pecuninary interest. The spirit of the Constitution thus expects of Members to at all times declare any personal interest that they may have in any matter before the House. This rule applies not only to debate in the House but also to almost all proceedings of the House, or its Committees in which Members have an opportunity to speak such as debate in Committees, presentations of public petition or meetings of a select committee at which evidence is heard. In the House of Commons, for example, the Committee on Standards and Priviledges regards it as a very serious breach of the rules if a Member fails to register or declare an interest which was relevant to proceedings he had initiated. Precedents on this matter include a resolution on June 22nd 1858 by the House of Commonsd that: “It is contrary to the usage and derogatory to the dignity of the House that any Member should bring forward, promote or advocate in the House any proceedings or measure in which they may have acted or been concerned for the consideration of any pecuniary fee or reward.” Invariably the main propose of a declaration of interest is to ensure that fellow Members of the House and the public are made aware at the appropriate time when a Member is participating in the proceedings of the House of any past, present or expected future financial interest which might reasonably be thought to be relevant to those proceedings. This rule is based on one of the maxims of equity that he who comes to equity must come with clean hands, and he who seeks equity must be equity. The norm of the House has been that Members declare their interests in matters before the House, in which case they may choose to contribute or abstain from further contribution. Hon. Members, having established the general practice on the declaration of interest by Members, the questions that confront us now are threefold. One, what sanctions do we apply to a Member who fails to declare interest? Secondly, if we were to nullify his or her entire matter as placed before the House, is it the Member that we will be punishing, or his or her constituents? Lastly, is it possible to discern and separate the issues in which interest ought to have been declared and mete sanctions separately? Hon. Members, in an attempt to answer these questions I am guided by our Standing Orders, the practices I have referred to and the tenets of equity. However, I am also reminded that equity regards substance rather than form. For that reason, formalities no matter how important ought not to frustrate justice. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}