Dimension: 1.2.3 Incompatibility of office
This dimension concerns limits on the additional offices or roles that an MP can occupy while holding parliamentary office. Known as “incompatibilities of office”, these limits are primarily aimed at preventing MPs from breaching the principle of the separation of powers that exists in many political systems, thereby guaranteeing the independence of parliament. They also are designed to ensure that MPs are in a position to devote their time and effort principally to the performance of their responsibilities as MPs, and to reduce the opportunity for conflicts of interest.
In many jurisdictions, MPs are typically unable to:
- hold office in both chambers of bicameral parliaments
- hold office as a member of the judiciary
- hold office in the civil service of the executive branch
- hold ministerial office in some jurisdictions with a very clear separation of powers
Private-sector employment or roles are generally seen as compatible and are permitted. However, some parliaments impose limits relating to private contracts with the government, or to roles with foreign companies or international organizations, as well as to service on boards and to the representation of special interests. (see also Indicator 2.1: Parliamentary ethics).
Where incompatibility arises, MPs are normally expected resolve the issue by resigning from the incompatible office. The holding of an incompatible office in some jurisdictions can lead to (automatic) disqualification as an MP or from the incompatible office. In some jurisdictions, there is some flexibility for MPs to continue to hold office in the civil service, and to be recognized as being on “leave” from that role when performing their duties as an MP. Such exceptions should be clearly defined, limited and implemented impartially.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Legal framework
The legal framework places specific limits on MPs holding incompatible offices, such as being a member of both houses in a bicameral parliament, holding judicial office or holding office in the civil service.
No 2: Resolution of incompatibility of office
The legal framework enables MPs to quickly resolve incompatibility-of-office issues when they arise, and supporting processes are in place for this purpose.
No 3: Practice
In practice, rules and provisions on the incompatibility of office of MPs are implemented fully and impartially. Parliament publishes data on other offices and roles held by MPs.
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 legal framework concerning the holding of incompatible offices
- Provisions of the legal framework enabling MPs to resolve incompatibility-of-office issues quickly, and the supporting processes
- Provisions limiting the holding of private-sector roles by MPs to prevent conflicts of interest and diversion from their responsibilities as an MP
- Data on MPs holding other offices and roles
Where relevant, provide additional comments or examples that support the assessment.
Download this indicatorGet 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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