Part of Free School Meals (Children Over the Age of 16) – in the House of Commons at 1:51 pm on 6 November 2012.
Kevin Barron
Chair, Standards and Privileges Committee, Chair, Standards and Privileges Committee
1:51,
6 November 2012
I will be very brief. The Committee’s report sets out the circumstances of the case clearly. The inquiry related to claims made between 2005 and 2008 under the old expenses system. I cannot be certain that this is the last of the expenses scandal, but I hope that it is.
On a personal note, I have known Denis MacShane since he was first selected to contest a By-election in Rotherham in 1994. I have worked with him as one of the three MPs in the borough since then and know he has always had the interests of his constituents, and the wider Rotherham borough, at heart. The events of the last three years will not totally overshadow my memory of the work that Denis has done in Rotherham.
The Committee, however, was united in its finding that this was the gravest case that has ever come before it. The absolute sums were not the issue; it was the manner in which they were claimed, the flagrant disregard for the rules of the House, and the failure to co-operate with the commissioner’s investigation that most concerned the Committee. We judged that to be a breach of the code of conduct. There may have been suggestions that hon. Members are above the criminal law. That is not true, and that needs to be addressed.
The commissioner’s investigations are into possible breaches of the code of conduct, not criminal matters. The procedures are fair, but the commissioner is not conducting a criminal investigation and neither is the Committee. As we said in the report:
“The decision as to whether conduct is criminal and as to whether proceedings should be brought is one for the police and the CPS.”
In 2008, the Committee, the Parliamentary Commissioner for Standards and the police agreed that criminal investigations should take precedence over the House’s disciplinary proceedings. For that reason, we agreed in 2010 that the case should be referred to the police, and the commissioner referred it. After a long investigation, the police and the Crown Prosecution Service decided not to proceed. They doubtless considered that decision very carefully. They now have our report and may consider it again. That is their decision, not ours.
If our report contains new material, the police can use it to guide their investigations. Receipts, invoices and claims are not privileged, and do not become so simply because they are reproduced in a parliamentary report. It is true that the correspondence between the commissioner and those he investigates could not be used in court proceedings without impeaching and questioning proceedings in Parliament. It is our view that that would be a breach of article 9 of the Bill of Rights. In reality, however, that correspondence is likely to be inadmissible anyway. There are strict legal safeguards about the gathering and use of evidence in criminal proceedings. The House’s disciplinary procedures are scrupulously fair, but they are disciplinary processes, not criminal investigations. It would be most unwise of the House to speculate on the criminality of an hon. Member’s conduct.
The Committee has given its judgment on breaches of the code, and the House is invited to agree. Whether or not conduct like that described in our report is criminal, it is clear that we will not tolerate it. I welcome that, and I hope that the House agrees.
A by-election occurs when a seat in the House of Commons becomes vacant during the lifetime of a Parliament (i.e. between general elections) because the sitting MP dies, resigns, is elevated to the peerage, or becomes ineligible to sit for some other reason. If a vacancy occurs when the House is in session, the Chief Whip of the Party that formerly held the seat moves a Motion for a new writ. This leads to the by-election taking place. Prior notice does not have to be given in the Order Paper of the House. There is no time limit in which a new writ has to be issued, although by convention it is usually done within three months of a seat becoming vacant. There have been times when seats have remained empty for more than six months before a by-election was called. The sitting party will obviously choose a time when they feel confident of success. Seats are often left vacant towards the end of a Parliament to be filled at the General Election though this is not always the case and by-elections have sometimes occurred just before the dissolution of Parliament. While a vacancy exists a member of the same party in a neighbouring constituency handles constituency matters. When the new Member is elected in the by-election, all outstanding matters are handed back. Further information can be obtained from factsheet M7 at the UK Parliament site.