Derek McDowell (Labour)

No explicit sanction is provided. There would not be an invalidation of a decision to which the individual was party. For example, if somebody was awarded a contract in circumstances where there was a failure to disclose an interest, the contract would still be valid and, theoretically, the commissioner could remain in the post. He or she would be under pressure to resign but the decision would still be valid and the failure to declare an interest would not be an offence.

If somebody fails to disclose an interest under the Ethics in Public Office Act 1995, it is a prosecutable offence but the fines are relatively small. I accept the shame that would be brought on somebody by the disclosure that he or he had failed to declare his or her interests would be the more important sanction. Nonetheless, that Act provides for a fine and imprisonment.