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The MPs' Expenses controversies is an ongoing controversy in British politics regarding the disclosure and use of Members of Parliament's expenses.
The controversy can be traced back to January 2005, when journalist Heather Brooke made a request under the Freedom of Information Act 2000 for the release of details of MPs' expenses claims. A long legal battle followed where MPs attempted to exclude themselves from the Freedom of Infomation (FOI) Act, which resulted in the High Court ruling that expenses claims should be revealed. The House of Commons authorities announced that full publication of expenses would be made on 1 July 2009, however before this could happen, the Daily Telegraph newspaper obtained a full copy of the expenses record, publishing them in daily installments from 8 May 2009.
Legal Battle over Release of Information
In January 2005, the Freedom of Information Act 2000 came into force, allowing members of the public to request disclosure of information from public bodies. One such request was made by journalist and freedom of information campaigner Heather Brooke, who asked for details of the expenses claimed by certain MPs to be released, a request which eventually led to the Information Commissioner ordering the release of some information on 15 June 2007. Members of Parliament objected to this order, and had the previous month voted in favor of the Freedom of Information (Amendment) Bill which sought to exempt them from the original FOI act. The amendment bill was ultimately withdrawn prior to second reading in the House of Lords as no peers were willing to sponsor it.
The battle for the release of the information was referred to a Freedom of Information Tribunal who, in Februrary 2008, ruled that parliament had to release information on 14 MPs. However this decision was subsequently appealed against at the last minute, once again halting the release of information. The appeal saw the fight move to the High Court, who ruled on 16 May 2008 that the information requested on expenses should be released, a decision which the parliamentary authorities chose not to appeal. As such, the requested details were made public on 23 May 2008.
Eight months later, in January 2009, the Leader of the House of Commons, Harriet Harman, tabled a motion which would exempt members' expenses from the FoI Act, stopping any further disclosure of information. Labour MPs were placed under a three line whip in order to force the motion through the Commons. However, opposition parties stated they would vote against the proposals, and large scale public opposition emerged, headed by an online campaign by mySociety. Harman ultimately dropped the motion on 21 January 2009, allowing the Commons authorities to announce that full details of all MP's expenses will be published on 1 July 2008.
Pre-Publication Controversies
Throughout the long legal battle, and prior to the offical publication of information in July 2009, there was a variety of exposés regarding the controversial John Lewis List and individual MPs' expenses claims.
John Lewis List
The John Lewis List is the name given to a list used by House of Commons Clerks to acertain whether or not claims by MPs under the Additional Costs Allowance (ACA) are a realistic representation of the price of items. The list details items that are considered acceptable to be claimed on the ACA, along with the price such items would cost in the famous department store John Lewis.
Prior to 2008, the list was never published in case MPs saw the maximum permitted claim for each item and such a price "became the going rate", a rule that the House of Commons' resources chief, Andrew Walker, upheld in February 2008 despite some campaigners wanting it released to the information tribunal considering the release of MPs expenses claims. However, a freedom of information request by the Press Association just a month later, in March 2008, saw the list released into the public domain for the first time. It revealed that MPs were able to claim for dishwashers, televison sets and tumble dryers, amongst other items.
Derek Conway
Derek Conway, the then Conservative MP for Old Bexley and Sidcup, was found to have employed his son, Frederick, as a part-time research assistant in his parliamentary office between 2004 and 2007, with an annual salary of £10,000 a year, despite Frederick being a full time undergraduate student at the University of Newcastle. This arrangement was revealed by The Sunday Times on 27 May 2007, an article which prompted a complaint to the Parliamentary Commissioner for Standards, who in turn referred the matter to the House of Commons Standards and Privileges Committee.
The committee launched an investigation into the matter as a whole, and reported to the House on 28 January 2008. On the same day, Conway apologised on the floor of the Commons, stating that he accepting the report's criticisms "in full". The report's main finding was that there was "no record" of Frederick ever doing any substantive work for Conway, and that the salary he was paid was too high. The committee ordered Conway to repay £13,000 of the money Frederick had been paid, and recommended that Conway should be suspended from the Commons for 10 sitting days. These recommendations was approved, in their entirety, by the House of Commons on 31 January 2008.
At the time of Conway's suspenion, the Labour MP John Mann announced that he would be making a complaint to the Parliamentary Commissioner for Standards over Conway's employment of his other son, Henry, in a similar capacity to Frederick. Shortly after Conway's suspension and the second allegation being made, the Conservative leader, David Cameron, withdrew the party whip from Conway, effectively leaving him sitting as an Independent MP. Conway subsequently announced that he would not be standing for re-election at the next general election.
In January 2009, exactly a year after the first report, the Committee on Standards and Privileges published a further report, specifically in relation to Conway's employment of his other son, Henry Conway. The committee found that Henry had been employed immediatly prior to Frederick and, similarly, had been studying as a full time undergraduate at the time of his employment. The committee reported that, like the previous case, there was no "hard evidence" of Henry's employment, but also stated that
"it would be unfair to conclude that Henry Conway did not undertake sufficient work to fulfil the terms of his contract of employment"
The committee ordered Conway to repay £3,758 in overpayments to his son, and to also write a letter of apology to the committee's chairman, Sir George Young. Once again, Conway apologised "without qualification" to the Commons.
Caroline Spelman
Caroline Spelman, the then Chairman of the Conservative Party, became embroiled in the "nannygate" saga on 6 June 2008 when the BBC's Newsnight programme suggested she had paid for her nanny out of parliamentary expenses during her early years in Parliament, namely 1997 and 1998. Spelman issued a statement to Newsnight stating that the nanny in question, Tina Haynes, was also Spelman's constituency secretary, a claim agreed by Conservative Central Office. Immediately after the revelations were made public, the nanny told Newsnight that she only took the odd phone message or posted documents when needed. In the following days, however, Haynes stated that her work had, in fact, been on a more formal basis, providing constituency secretarial work when Spelman's children were at school.
In an attempt to resolve the situation and clear her name, Spelman herself asked John Lyons, the Parliamentary Commissioner for Standards, to investigate the payments to Haynes. However, the commissioner himself suggested that an investigation dating back seven years would be exceptional, especially on a self-referral.Despite this, the commissioner announced on 17 June that he would launch a formal investigation into the saga.
During the commissioner's investigation, Newsnight revealed that nine years previous, Spelman's parliamentary secretary, Sally Hammond, had raised concerns over the "nannygate" payments with the leadership of the Conservative party. In 1998, Hammond informed Peter Ainsworth, a member of the Shadow Cabinet, who in turn referred the matter to the then Opposition Chief Whip, James Arbuthnot, who investigated and told Spelman to stop paying the Haynes out of parliamentary expenses immediately.
In March 2009, the Committee for Standards and Privileges published their final report into matter, which ruled that Spelman had inadvertently "misapplied part of parliamentary allowances". However, both the Committee and the Commissioner noted that Spelman was, at the time, one of many new member who had taken their seats following the 1997 general election, and was therefore not fully aware of the rules governing the use of purpose of the parliamentary allownaces. The committee recommended that Spelman should repay £9,600.
Ed Balls and Yvette Cooper
In September 2007, the married Cabinet couple, Ed Balls, the Secretary of State for Children, Schools and Families and Yvette Cooper, then the Housing Minister, were accused of exploiting the Commons' allowances system in order to pay for a £655,000 house in Stoke Newington, North London.
The couple subsequently declared this to be their second home, despite spending most of their time in London in order to fulfill their ministerial responsibilities and their children attending London schools. The declaration of the Stoke Newington property as their second home meant that they became eligible for a reported Additional Costs Allowance (ACA) of £44,000 a year to cover the property's £438,000 mortgage.
The Conservative MP Malcolm Moss made a complaint to the Parliamentary Commissioner for Standards, who agreed to launch an investigation into the matter. The commissioner ultimately found that the couple had acted in accordance with parliamentary rules and as such dismissed the complaint against them. The Committee on Standards and Privileges agreed with the Commissioner's dismissal of the complaint.
Sir Nicholas and Ann Winterton
Sir Nicholas and Lady Ann Winterton, the married backbench Conservative MPs, were accused of claiming back mortgage interest through the Additional Cost Allowance (ACA) on a flat they owned in London, despite having completed payment of the mortgage itself. It was further alleged that the pair had subsequently tranferred the ownership of the flat to a trust and then claimed £21,600 a year in rent for the flat.
A complaint was made about this arrangement by two members of the public to the Parliamentary Commissioner for Standards, who in turn launched an investigation. The commissioner found that a change in the allowances rules in 2003 appeared to complicate matters as it may have placed the Wintertons' arrangement outside of the rules, and ruled it was "unfortunate" that the couple never reassessed their situation following the change in rules. The commissioner also ruled that a further change to allowance rules in 2006 meant that there was a clear breach of the rules, but noted that the Wintertons would not have received any additional public funds for their arrangement than they would have if they had resided in a different property under more acceptable arrangements. It was also noted that the Wintertons had never attempted to conceal the arrangement. The Committee on Standards and Privileges agreed with the Commissioner's report and ruled that the payment of the Additional Costs Allowance to the Wintertons should be stopped. Notably however, they did not order the Wintertons to repay any money they had previously claimed.
In a separate debate, the Wintertons are two of only six Conservative MPs who have refused to disclose their full expenses claims, despite orders to do so by party leader, David Cameron.
Jacqui Smith
In February 2009, the Mail on Sunday reported that the Home Secretary, Jacqui Smith, had listed her constituency home in Redditch, Worcestershire as her second home, whilst designating her sister's residence in London as her main home, despite sometimes spending as little as two nights there, allowing her to claim £116,000 in Additional Cost Allowance over several years. A key aspect in the debate was the fact that Smith, as Home Secretary, was eligible for a "grace and favour" home in Westminster, and therefore did not need to claim expenses to live in her sister's home. The Daily Mail reported that, despite several MPs complaining to him about the affair, the Parliamentary Commissioner for Standards would not be launching an investigation into Smith's expenses because there was "not sufficient evidence for an inquiry". However, after the residents of the house next-door to Smith's sister complained to him, stating that Smith may only stay there for three nights a week, he requested that Smith explained her arrangements. The commissioner has made no further comment since his request, and as such Smith appears to still be under investigation.
A month after allegations were made against Smith's second home arrangements, the Sunday Express revealed that Smith had claimed for two pornographic films her husband, Richard Timney, had watched, on parliamentary expenses.. Smith and her husband both apologised for the error, and Smith said she would pay back the claim. This, coupled with the previous allegation, led to mounting pressure of Smith to resign, but the Prime Minister, Gordon Brown, gave her his full support, before proposing alterations to the existing expenses system.
In April 2009, Smith came under increasing pressure after yet further questions were raised about her expenses by the Mail on Sunday. The newspaper suggested that Smith had claimed for several items that were supposed to allow her to 'perform her duties as an MP', including a toothbrush, a patio heater, a barbeque, a flat-screen TV and a bath plug. In the wake of these allegations, some media outlets suggested that Gordon Brown is preparing to sack Smith in a cabinet reshuffle after the european and local elections in June.
Geoff Hoon
Alistair Darling
The Daily Telegraph reports
In May 2009, two months prior to the official disclosure of full expenses claims, the Daily Telegraph newspaper announced that it had obtained a full copy of all MPs expenses claims, and began publishing them in installments on 8 May 2009. Reports suggested that the information the Telegraph had obtained had supposedly been touted around various other newspapers, with the Telegraph justifying the publication of the material because it contended that the official information due to be released would have omitted key information about MPs switching their second-home nominations. Shortly after the publication of the leaked information, the House of Commons authorities asked the Metropolitan Police to investigate the leak, a request that the police are "considering".
Days 1 and 2: Labour/The Government
The Telegraph devoted the first two days of coverage to the expenses of the governing Labour Party, beginning with the Cabinet on day one, before turning to junior ministers and Labour backbenchers on the second day, Saturday 9 May. The main allegations the newspaper made, alongside any responses to them from the various MPs are shown below.
- Gordon Brown (Prime Minister/Labour, Kirkcaldy & Cowdenbeath) - allegedly paid his brother in excess of £6,000 for cleaning services and claimed for same plumbing repair bill twice. Downing Street responded by saying that Brown paid his brother, who in turn paid the cleaner as the cleaner worked for them both but prefered to be paid by a single person for National Insurance reasons. Meanwhile, the Commons Fees Office stated that the double payment for a repair bill was a mistake on their part and that Brown had repaid it in full.
- Hazel Blears (Secretary of State for Communities and Local Government/Labour, Salford) - claimed for three different London properties in one year and claimed nearly £5,000 for furniture in three months. It is also alleged that she switched her second home designation from her constituency house in Salford to a flat in South London, for which she claimed £800 a month second home allowance for the mortgage. She is then said to have sold the flat for a £45,000 profit, on which she did not pay capital gains tax, because she advised HM Revenue and Customs that it was in fact her main residence. Blears responded by saying that all her claims were within the rules and that her furniture bill was "reasonable", although she did admit not paying capital gains tax on the property she sold. On 10 May 2009 it was reported that HM Revenue and Customs are to investigate cases of possible capital gains tax evasion by MPs such as Blears. A spokesman said that there was "no liability" for capital gains tax from the sale. Blears said that the system was "wrong", though she had not broken the rules. She recommended that members of the public meet with an independent body to come to a resolution.
- Alistair Darling (Chancellor of the Exchequer/Labour, Edinburgh South West) - changed the designation of his second home four times in four years, allowing him to claim for the costs of his family home in Edinburgh, and to buy and furnish a flat in London including the cost of stamp duty and other legal fees. Darling said that "the claims were made within House of Commons rules".
- John Prescott (Former Deputy Prime Minister/Labour, Hull East) - reported to have claimed £312 for fitting mock tudor beams to his constituency home, and for two new toilet seats in as many years. Prescott has not responded to any of the claims.
- David Miliband (Foreign Secretary/Labour, South Shields) - allegdly claimed for gardening expenses and nearly £30,000 in repairs, decorations, and furnishings his family home in South Shields. Miliband has made no comment.
- Jack Straw (Secretary of State for Justice/Labour, Blackburn - admitted using expenses to claim full council tax bill despite only paying a 50% rate. Straw said he had acted in good faith and had repaid the erroneous claims once he was aware that MPs' expenses were to be made public.
- Phil Woolas (Immigration Minister/Labour, Oldham East and Saddleworth) - reportedly claimed for ladies' clothing, comics and nappies on expenses. Woolas said the items were on a recepit he submitted under food claims, but were not claimed themselves, and threatens the newspaper with legal action.
- Barbara Follett (Tourism Minister/Labour, Stevenage - reportedly claimed £25,000 in expenses for security patrols at her Soho house over a four year period after being mugged. Follett responded by saying the claims were within the rules.
- Keith Vaz (Home Affairs Select Committee Chairman/Labour, Leicester East) - allegedly claimed £75,000 for a second home in Westminster despite living in Stanmore, West London, just 12 miles away. Vaz responded by claiming he made no claim in relation to his home in Stanmore which he acquired when he got married.
- Margaret Moran (Backbencher - Labour, Luton South) - claimed £22,500 for treating dry rot in her coastal property in Southampton, 100 miles from her constituency and a two-hour drive from Westminster, just days after making it her designated second home. Moran responded by saying she had done nothing outside of the rules and needed the Southampton property to maintain her family life. Moran also stated that there were "inaccuracies" in the Telegraph reports that were "probably actionable". Appearing on the Politics Show on 10 May 2009, Moran was asked: "why should the taxpayer pay for your home in Southampton when clearly you are not using it for work?". She replied: "Well, I... I... I... you could argue that I use it to be able to sustain my work. Any MP has to have a proper family life". She insisted that there was nothing wrong with her three homes arrangement and she argued that MPs should have third homes away from London or their constituency where they can relax with their partners and this would make them more able MPs.
Although focusing on Labour MPs on days one and two, the Telegraph also contained allegations againsts some Conservative MPs:
- Greg Barker (Shadow Energy & Climate Change Minister/Conservative, Bexhill & Battle) - reportedly sold a London flat which he had purchased using expenses for a profit of £327,000. Barker responded by saying the newspaper had failed to take into account the fact that he had invested a "significant amount" of his own money.
- John Gummer (Former Cabinet Minister/Conservative, Suffolk Coastal) - allegedly claimed more than £9000 for gardening. Gummer is yet to respond.
These leaks were perceived as having marked affect on Labour's popularity. MP Stuart Bell said the party need to regain public confidence, whilst a YouGov poll showed a 7% slide in popularity, to 27%. Alex Stevenson, of politics.co.uk noted a conspicuous silence from opposition parties over this revelation, and further details of Conservative MPs' expenses were anticipated.
Day 3: Sinn Féin
On 10 May 2009, the Sunday Telegraph reported that the five Sinn Fein MPs together claimed nearly £500,000 in second home allowances, despite never taking up their seats at Westminster.
- Gerry Adams (Sinn Féin, Belfast West) and Martin McGuiness (Sinn Féin, Mid Ulster) - reportedly jointly claimed £3,600 a month for a shared flat in London, which a local estate agent claims a fair rent for would be £1,400.
- Michelle Gildernew (Sinn Féin, Fermanagh & South Tyrone), Pat Doherty (Sinn Féin, West Tyrone) and Conor Murphy (Sinn Féin, Newry & Armagh) - jointly reported to have claimed £5,400 per month as rent for a shared town house which an estate agent estimated at costing £1,800 a month.
Day 4: Conservatives
On the evening of 10 May, the Telegraph website reported that the newspaper was preparing to publish the expenses claims of Conservative MPs in the next day's edition. It also began publishing the stories online that evening. The allegations made are listed below, alongside any response made by the individual MPs.
- Alan Duncan (Shadow Leader of the Commons/Conservative, Rutland and Melton) - allegedly claimed more than £4,000 over a three year period in expenses for gardening costs until he agreed with the Commons Fees Office that such claims "could be considered excessive" and stopped. Duncan quickly responded by suggesting that the reports in the Telegraph were "misleading".
- Michael Gove (Shadow Children, Schools & Families Secretary/Conservaitve, Surrey Heath) - reportedly claimed £7,000 furnishing a London property before 'flipping' his designated second home to a house in his constituency, a property for which he claimed around £13,000 to cover stamp duty.
- Andrew Lansley (Shadow Health Secretary/Conservative, South Cambridgeshire) - also accused of 'flipping' second homes after claiming in order to renovate a rural cottage prior to selling it. It is claimed that after he 'flipped' his second home designation to a London flat, he claimed thousands of pounds for furniture.
- Francis Maude (Shadow Cabinet Office Minister/Conservative, Horsham) - allegedly had claim for mortgage interest rejected by the Fees Office. It is also suggested that Maude purchased a flat in London, close to a house he already owned, before claiming on the flat and renting out the house.
- Chris Grayling (Shadow Home Secretary/Conservative, Epsom & Ewell) - reportedly claimed to renovate a flat in London, despite already owning three properties inside the M25. Grayling is also said to have continued to claim for works on the property for up to a year after they had finished.
References
- "Expenses details 'intrude' on MPs". The BBC. 2008-02-07. Retrieved 2009-05-08.
- Anil Dawar (2008-05-07). "Timeline: MPs' expenses". The Guardian. Retrieved 2009-05-08.
- The Guardian - Lack of Lords sponsor wrecks plan to exempt MPs from FoI Act
- ^ "Expenses: How MP's expenses became a hot topic". The Daily Telegraph. 2009-05-08. Retrieved 2009-05-08.
- "'Lax' MP expenses rules condemned". The BBC. 2008-02-26. Retrieved 2009-05-08.
- Daniel Bentley (2008-03-25). "Expenses disclosure battle headed for High Court". The Independent. Retrieved 2009-05-08.
- "Bid to block MP expenses details". The BBC. 2008-03-25. Retrieved 2009-05-08.
- Robert Verkaik (2008-05-23). "Freedom Of Information: MPs reach end of road in battle over secret expenses". The Independent. Retrieved 2009-05-08.
- Press Gazette - FoI campaigners condemn MPs' bid to hide expenses
- mySociety
- ^ BBC News - 'John Lews' list kept from MPs (8 Feb 2008)
- BBC News - MPs' £10,000 kitchens on expenses (13 Mar 2008)
- BBC News: In full: MPs' 'John Lewis list' (13 Mar 2008)
- ^ House of Commons Standards and Privilegs Report: Conduct of Mr Derek Conway (2008)
- Hansard - 28 January 2008
- Hansard - 31 January 2008
- ^ BBC News - Tory whip withdrawn from Conway
- Daily Telegraph - Derek Conway to stand down at election
- ^ House of Commons Standards and Privileges Report: Conduct of Mr Derek Conway (2009)
- Hansard - 2 February 2009
- BBC News - MP Conway apologises for payments
- BBC News - Tory MP paid nanny from expenses
- BBC News - Tory MP paid nanny from expenses
- BBC News - MP's nanny 'did secretarial work'
- BBC News - Watchdog 'considering' nanny case
- BBC News - Spelman facing expenses inquiry
- BBC News - MPs call for Spelman to be sacked
- Committee on Standards and Privileges Report: Mrs Caroline Spelman
- Daily Mail - Cabinet husband and wife cash in on two homes loophole
- Daily Telegraph - Ed Balls claims £27,000 subsidy for 2nd home
- Daily Mail - Ed Balls and Yvette Cooper face sleaze watchdog probe over using expenses to pay their mortgage
- ^ Committee on Standards and Privileges Report: Mr Ed Balls & Mrs Yvette Cooper
- Daily Telegraph - Conservative MPs Sir Nicholas and Ann Winterton broke Commons expenses rules
- ^ Committee on Standards and Privileges: Sir Nicholas and Lady Winterton
- Daily Mail - Tory couple who broke expenses rules KEEP cash
- Daily Telegraph - Tory MP Nicholas Winterton accuses David Cameron's mafia of trying to force him out
- BBC News - Smith denies expenses wrongdoing (8 Feb 2009)
- Daily Mail - Fury over 'stitch-up' as Jacqui Smith escapes sleaze investigation into £116,000 second home claim (11 Feb 2009)
- BBC News - Smith asked to explain expenses (18 Feb 09)
- Daily Mail - Blue movies expenses (29 Mar 2008)
- BBC News - Smith 'sorry' for expenses claim (29 Mar 2009)
- BBC News - Scrap second home allowance - PM (30 Mar 2009)
- Daily Telegraph - Jacqui Smith under pressure over husband's adult film expense claims (31 Mar 2009)
- Daily Mail - Don't forget your toothbrush (6 Apr 2009)
- Daily Mirror - Brown to 'go nuclear' in reshuffle (10 May 09)
- Daily Telegraph - Full List of MPs investigated
- ^ "Q&A: MPs' expenses". The BBC. 2008-05-08. Retrieved 2009-05-08.
- Daily Telegraph: Gordon Brown
- ^ BBC News- MPs' expenses claims - key details
- Daily Telegraph: Hazel Blears
- MPs' expenses: Tax officials to investigate capital gains evasion, guardian.co.uk, 10 May 2009
- ^ "Expenses system 'wrong' - Blears". BBC News. 2009-05-10. Retrieved 2009-05-10.
- Daily Telegraph: Alistair Darling
- Daily Telegraph: John Prescott
- Daily Telegraph: David Miliband
- Daily Telegraph: Jack Straw
- Daily Telegraph: Phil Woolas
- Daily Telegraph: Barbara Follett
- Daily Telegraph: Keith Vaz
- Daily Telegraph: Margaret Moran
- Daily Telegraph: Greg Barker
- Alex Stevenson (2009-05-08). "Comment: Will we accept MP excuses? Don't bank on it". politics.co.uk. Retrieved 2009-05-10.
- Jonathan Oliver, Richard Woods, Jon Ungoed-Thomas, Steven Swinford (2009-05-10). "A plague on both your houses". The Times. Retrieved 2009-05-10.
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(help)CS1 maint: multiple names: authors list (link) - MPs' expenses: Sinn Fein claimed £500,000 for second homes, The Sunday Telegraph, 10 May 2009
- ^ Daily Telegraph: Sinn Féin MPs (10 May 09)
- Daily Telegraph - MPs' expenses: Telegraph investigation shifts to Conservatives (10 May 2009)
- Daily Telegraph: Alan Duncan (10 May 2009)
- ^ Daily Telegraph: David Cameron's shadow cabinet drawn into expenses scandal (10 May 2009)