Standards and Privileges

Kevin Barron Excerpts

Monday 16th May 2011 Commons Chamber

[Mr Kevin Barron (Rother Valley) (Lab)]

I will pick up a couple of points that my right hon. Friend the Member for Birkenhead (Mr Field) has just made, but I first wish to say something about the leaks that have occurred. There have been two types of leak in connection with the report. First, from Sunday 8 May onward, there has been a steady trickle of comment on the memorandum of the Parliamentary Commissioner for Standards to the Standards and Privileges Committee, which was, as is customary, sent to the right hon. Member for Yeovil (Mr Laws) for his comments as well as to Committee members and to the Attorney-General, whom Standing Orders make our adviser. My first impression was that that comment could well have been based on informed speculation, but I no longer hold that view, because on Wednesday morning the Committee’s recommendation was leaked to the media. We immediately instigated a leak inquiry, and it is not appropriate to say more at this stage, as that inquiry is now ongoing.

I will pick up two issues raised by my right hon. Friend the Member for Birkenhead. One is the length of time taken. He will see from reading the report that it goes far wider than the allegations that were made against the right hon. Member for Yeovil in the media last May, and I suspect that that was one reason for the time taken. However, I say to my right hon. Friend that the timing is wholly in the hands of the commissioner, who reports to the Committee and publishes a memorandum when he is ready to do so. The evidence that he takes is entirely a matter for him.

The other issue that my right hon. Friend has mentioned concerns the comparison of one case with another. I will mention in my speech the circumstances of this particular case and why we have come to the recommendations before the House. I have not commented on the matter before, because I believe it is for the House to judge, not the media or commentators. The extent of reporting of what the commissioner and the Committee would say, and what it would mean for the right hon. Member for Yeovil, has been unfortunate. It meant that the press have perhaps not looked as carefully as they might have done at what we actually said.

The Committee has been attacked from one side for being too severe and from the other for being too soft. It would be complacent to say that we got it about right, but I wish to set out what the report says and why we said it. First, I urge those who say that the Committee has been too severe—many of them are in this House or in another place—to examine what the Committee actually found and the way in which that compares with other breaches.

From 2006 onwards, the arrangements of the right hon. Member for Yeovil were simply and explicitly against the rules, because he rented from a partner. He has said that he did not regard his landlord as his partner for the purposes of the Green Book. In 2007, he gave his landlord £99,000, which was a free gift but which was put towards the purchase of a London property that the two shared. He also contributed to building work. As the report states:

“Mr Laws had made significant financial contributions to the purchase and upgrading of the property. Such commitments are unusual between landlord and tenant, or even between friends. In consequence he should have had no doubt that he and his landlord were ‘partners’ for the purposes of the Green Book.”

[Mr Kevan Jones (North Durham) (Lab)]

My right hon. Friend will have seen the volume of appendices to the report, which includes evidence from Mr Laws such as a rental agreement, which states at item 5:

“The Lodger will be responsible for any damages or breakages caused by him/her”.

How could the claim of £2,000 for renovation work be covered by that? There is no other reference in any of the agreements to any contribution that the lodger should make to any major renovations of the property.

[Mr Barron]

That is true. The commissioner commented on that claim in his memorandum, and it was taken into account when we came to make the recommendations that are before the House.

The right hon. Member for Yeovil was in breach before the financial contributions that I have described, by wrongly claiming that his main home was in Somerset rather than in London. It is clear that he was not the only Member who designated the wrong property. When the pattern of nights spent at two properties were changing, it would be easy to assume that the main property was the one on which a mortgage was held. If that were the main issue in the period up to 2006, it might easily have been put right, but the problem was that the right hon. Gentleman’s conduct was designed to hide his real circumstances, which formed a pattern with his later breach of the rules.

There has been a great deal of press comment on this case, much of it before the Committee reported. It has been suggested that the right hon. Gentleman saved the public money, and that that makes his conduct all right. It is certainly possible that other, proper arrangements might have been more expensive. Clearly, there could have been substantial claims against the Somerset property, but they were not made, so we cannot know precisely what would have been approved. We must judge the arrangements that were actually in place, not arrangements that might have been made. As the report says:

“Mr Laws contends that the payments were lower than they would have been had he claimed on his Somerset home, or made other permissible arrangements. In our view, it is inappropriate to judge whether the claims on property A are appropriate by reference to potential payments on another property, which is not in fact claimed for.”

[Mr Andy Slaughter (Hammersmith) (Lab)]

The Committee has dealt with the false representation allegations—the appropriateness of the penalty, which hon. Members are here to judge, does not matter—but my submission is that it has not dealt adequately with the quantum of claim, other than by saying that the rent was above the market rent and that there were

“contributions towards building repairs and maintenance”.

The Committee and the commissioner did not go into the fact that the rent was up to 50% more than the market rent, or that sums of up to £100 a month were being charged for each of council tax, utilities, parking the car in the driveway, maintenance repairs and the purchase of capital equipment. Why has the Committee not dealt with those sums on aggregate? That is a huge amount of money for a lodger to pay to his landlord.

[Mr Barron]

My hon. Friend may wish to comment on that further, but I wish to make my comments on behalf of the Committee.

What is clear is that the rents charged to the public purse were excessive, and that charges were made for repairs that would not have been included in any normal rental arrangement. It is impossible to tell exactly how much more was charged than should have been, but that is because of the right hon. Gentleman’s desire for secrecy.

[Mr Kevan Jones]

Will my right hon. Friend give way?

[Mr Barron]

No—I shall just carry on for a few minutes, if my hon. Friend does not mind.

The commissioner’s report suggests that the public purse was overcharged by between £80 and £270 per month, even in comparison with assured shorthold tenancies. Property advisers considered that the rent in the right hon. Gentleman’s lodging agreement was between £209 and £370 a month higher than the market price.

The right hon. Gentleman and his supporters say that he acted to preserve his privacy. Extensive press briefings suggested that the breach would be somehow less blameworthy if that were the case, but the commissioner expressed his sympathy for the right hon. Gentleman, and the Committee recognised his motivation. However, there were other ways to preserve privacy. He could have refrained from claiming. Alternatively, he could have designated his main home properly, which would have meant that there would be no need to conceal receipts that might have identified his landlord.

The right hon. Gentleman instead took the decision to preserve his privacy by concocting a rent agreement and, wherever possible, claiming below the receipts threshold. He told the commissioner:

“After the receipts threshold changed I reduced my claims below the threshold.”

Ultimately, as the report says, this case is about the fundamental principles of the code of conduct, which says, and has always said:

“Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once…in favour of the public interest.”

As the Committee said:

“We consider the rental agreements submitted between 2003 and 2008 were misleading and designed to conceal the nature of the relationship. They prevented any examination of the arrangements that in fact pertained over the entire period.”

That is why this case is worse than many others in which the commissioner has found there has been a breach of the rules of the additional costs allowance. In many of those cases, the Members concerned had consulted the department of finance and administration, and in some cases both the department and independent valuers, so there was no intention to deceive. In one case, the Member’s circumstances changed, so that arrangements that were expected to be temporary lasted longer than expected.

In contrast, the case before us involved a deliberate attempt to conceal the Member’s real living arrangements that continued for many years. It is clear that he recognised the potential conflict between the public interest and his private interest. By omitting to seek advice, however, he made himself the sole judge of whether that conflict was properly resolved. It was inappropriate for him to be judge and jury in his own case. As the commissioner commented, it can never be acceptable to submit misleading documents to those charged with overseeing public finances. As this case shows, the right hon. Member’s desire for secrecy led him to act in a way that was not compatible with the standards expected of an MP. Whatever the motive, I do not think that is acceptable.

Now I will address the concerns of those who think that we have been too lenient. Since the Committee reported, my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) has asked the police to investigate. There is a protocol between the police, the commissioner and the Committee providing for liaison between the commissioner and the police, if either of them has concerns. The police will not comment on individual investigations, and the commissioner is also understandably reluctant to comment on such matters, even to the Committee. However, the fact that the commissioner has reported to us suggests the Member’s behaviour is unlikely to have been criminal.

I have already explained why we felt this case was more serious than others, but there were mitigating factors. As we stated in the report:

“Not only has Mr Laws already resigned from the Cabinet, his behaviour since May 2010 has been exemplary. He quickly referred himself to the Commissioner, has already repaid allowances from July 2006 in full, and has cooperated fully with the Commissioner’s investigation. This behaviour has influenced our recommendation.”

[Jim Dowd (Lewisham West and Penge) (Lab)]

The Committee said that the right hon. Member’s behaviour had been exemplary since the matter became public knowledge, and the commissioner himself, in paragraph 324 of his report, stated that it was to his

“considerable and personal credit that, when his living arrangements came to public attention”

he referred himself. Did the Committee calculate what he might have done had it not come to public attention?

[Mr Barron]

No, it did not.

The repayment was one of the mitigating circumstances. The voluntary payments went further than the circumstances at the time required. The outstanding amount related to rent that might or might not have been over-claimed and not to expenses claims that were wholly wrongly based, as in other cases that sadly have come before the House. As in other cases where Members have over-claimed, we have clawed back the overpayment. Given the uncertainty over what a true comparator should be, we calculated the maximum overpayment, and it was only because it was within the amount that had been paid back, over and above housing claims, that we made no further recommendation.

It has been suggested that recommending that the suspension should begin after the recess is part of a plot to reduce the right hon. Member’s fine. It was not put in, as one of the Sunday papers suggested, by political partisans on the Committee. The Committee considered carefully and decided that a suspension of seven days was appropriate. It would have been arbitrary and unfair to have extended the suspension simply because a recess fell during the period. In 2007, the Committee recommended that George Galloway’s suspension should start after the summer recess for precisely the same reasons. In that case, he got himself named in the House and suspended in the last week of sitting, so he lost his salary for the entire summer recess plus the 18 days that the Committee recommended. In this case, we felt that it would have been wrong to have started the suspension today—if that is what the House agrees—because we knew that we are entering a short recess. It would have been unfair and resulted in a longer suspension than the one recommended in our report. If the motion is agreed to, approximately £1,500 of salary will be withheld as a result of the right hon. Member’s suspension. I recommend the report to the House.