Appendix 3:
Memorandum submitted by Mr Clive Betts
Mr Gasparo's Employment
1. In response to the first aspect of my conduct
raised by the Commissioner I believe that I did properly observe
the rules of the House in employing Mr Gasparo as my temporary
office assistant and that I did not breach the code of conduct.
2. My account of the circumstances relating to Mr
Gasparo's employment is set out below. The documents referred
to by notation are attached at Appendix 1.[4]
3. Due to pressure of work in my Parliamentary office,
including my Select Committee responsibilities, my Permanent Part
Time Parliamentary Assistant, Alison McGovern, was spending too
much time on basic clerical duties and too little time on research.
I therefore considered making an additional part time appointment
but decided to wait until the completion of a planned short term
internship which had been arranged with Global Eyes Student Programmes.
I had received confirmation on 28 December1 that the
intern arrangement was being made. However, shortly before the
internship was due to commence, I received an email2
dated 8 January advising that due to the international situation
and lack of volunteers the intern programme had been cancelled.
It was too late to arrange an internship with another organisation
so I decided that I would engage temporary assistance either by
using the House of Commons network to ascertain whether another
MPs assistant needed additional temporary work (this is common
practice) or by recruiting via an employment agency which would
have involved additional expense.
4. When I informed my friend Mr Gasparo about cancellation
of the internship he indicated an interest in the job and confirmed
this by email.3 He was a college student in London,
spoke fluent English and had clerical office experience in the
travel industry in Brazil. Together with my parliamentary assistant,
Alison McGovern,4 I interviewed Mr Gasparo who produced
his passport with visa stamp inside. We agreed to employ him for
12 hours per week on a two week trial basis, commencing on 22
January 2003, subject to receiving a satisfactory reference from
his college and confirmation that his student status allowed him
to engage in temporary employment. The job he had applied for
entailed opening post, making appointments, maintaining the London
diary and general clerical duties. If the trial period was successful
we would extend it by a short term contract to the end of March
when the internship would have ended.
5. Following advice from the House of Commons Fees
Office about pay scales I offered Mr Gasparo £6 per hour,
slightly above the lowest rate.5 I checked his passport
and visa and ascertained that he was entitled to work a maximum
of 20 hours per week during term time. I contacted his tutor as
UIC by telephone on 21 January and received a highly satisfactory
verbal reference,6 followed by a written reference7
which arrived on 28 January. Because the need for assistance was
urgent and because I had received a satisfactory verbal reference
I was satisfied that Mr Gasparo should start work on 22 January
prior to conclusion of the formalities of his employment.
6. Because it is proper procedure to apply for a
security pass for MPs' staff and because the lack of a security
pass placed additional burdens on me and my parliamentary assistant
(Mr Gasparo could not even go to the Post Office in the House
of Commons without an escort) an application for a security pass
was made on January 23. The application form was returned because
Mr Gasparo was not immediately able to provide all the detailed
information required but it was resubmitted on 30 January.8
Security clearance to enable a pass to be issued was received
by email9 on 24 February. However, by this time Mr
Gasparo's employment had ended so a pass was not issued. During
the period 22 January to 14 February when his employment ended
Mr Gasparo did not have a security pass and had to be escorted.
Other than short trips to the photocopier, toilet and Vote Office
in One Parliament Street he was always escorted. To the best of
my knowledge he was required only twice to go from One Parliament
Street to another part of the Palace of Westminster and on each
occasion he was escorted.
7. Mr Gasparo neither worked on nor had access to
any matters with national security implications. Neither I nor
my office have such access. In relation to letters from constituents
Mr Gasparo's only task was to send an acknowledgement. From his
interview he was well aware that he had to treat all documents
as confidential. I do not believe that allowing Mr Gasparo the
very restricted access that he had to my office in One Parliament
Street created any security risk. I emphasise that (1) his job
was in my office which did not receive any security sensitive
information; (2) at all times Mr Gasparo was escorted other than
the short trips referred to in paragraph 6; (3) by the time that
a security pass was issued Mr Gasparo had left my employment which
would in any event only have lasted until the end of March; (4)
even if a pass had been issued during Mr Gasparo's employment
it would only have given him restricted access to the post office,
the Vote Office and catering facilities and I do not believe would
have created any security risk; (5) no evidence has been produced
to support any suggestion of a security risk. In addition, no
one I have spoken to believes that the security risk suggestion
is anything other than an attempt to justify "in the public
interest" an unwanted intrusion into my private life. It
is interesting that none of the broadsheet newspapers have given
this issue any attention or credence.
8. As part of the proper formalities of Mr Gasparo's
employment I ensured that he applied for a National Insurance
number. Attempts to use the Benefits Agency Hotline were unsuccessful
so on 28 January I accompanied him to the Benefits Agency at Tavistock
Square where he applied for a National Insurance number10
and I provided a letter of confirmation.11 Whilst there
I ascertained that Mr Gasparo could work for a maximum of 20 hours
during term time and longer during the vacation.
9. Also as part of the proper formalities of Mr Gasparo's
employment, I completed the relevant Inland Revenue reference
form12 and made arrangements for him to be paid by
completing form A13 which was returned to the fees
office.
10. Mr Gasparo's work during the two week trial period
was extremely good and he carried out his duties to the satisfaction
of both myself and my assistant. He began to take the Sheffield
diary work from my constituency office. My Parliamentary Assistant
and I therefore agreed to extend his employment to the end of
March. A formal contract of employment for the short period of
seven weeks was not actually completed. I was waiting for confirmation
of Mr Gasparo's National Insurance details and security clearance.
I was also under extreme pressure of work. Frankly, I put the
employment contract aspect on one side until after the Parliamentary
recess.
11. On 22 February Mr Gasparo told me that because
of media attention he did not wish to return to work in my office.
I agreed that his employment should cease immediately. It subsequently
came to my attention that Mr Gasparo was inadvertently paid by
the Fees Office on the assumption that he would have worked for
the whole of February. I promptly regularised this situation.14
12. I am satisfied that Mr Gasparo's temporary employment
represented good value for the public purse. I have now made an
additional permanent part time (19 hours) appointment to carry
out general clerical duties at £6 per hour. I also believe
that the arrangements for Mr Gasparo's employment as described
above were proper and in accordance with the MPs Code of Conduct
List of documents appended to Mr Betts' memorandum:
1. E-mail to Mr Clive Betts from Global-Eyes Student
Programmes, confirming internship, 28 December 2002.
2. E-mail to Mr Betts from Global-Eyes Student Programmes,
confirming contents of an e-mail of 8 January 2003, 10 April 2003.
3. E-mail to Mr Betts from Mr Jose Gasparo, confirming
his interest in a job vacancy, 20 January 2003.
4. Statement by Ms Alison McGovern, Mr Betts Parliamentary
Assistant, 10 April 2003.
5. Copy of House of Commons guidance on pay rates
for members of staff.
6. Handwritten note of questions asked during telephone
reference for Mr Gasparo.
7. Written reference for Mr Gasparo from his English
tutor at UIC, 28 January 2003.
8. Mr Gasparo's completed pass application and security
questionnaire, 30 January 2003
9. E-mail to Mr Betts from the Assistant Pass Office
Manager, regarding Mr Gasparo's pass application, 24 February
2003.
10. Copy of Mr Gasparo's application form for a National
Insurance number, 28 January 2003.
11. Letter to the Benefits Agency from Mr Betts,
confirming Mr Gasparo's employment, 28 January 2003.
12. Copy of Mr Gasparo's completed Inland Revenue
form, 23 January 2003.
13. Copy of Mr Gasparo's completed form A (form of
authority for the Direct Payment of Secretarial Salaries), 23
January 2003.
14. Letter to the Finance and Administration Department
from Mr Betts, regarding over payment of Mr Gasparo's salary,
3 April 2003.
12 June 2003
4 See "List of documents appended to Mr Betts'
memorandum" and Appendix A, paragraph 9. Back
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