Select Committee on Standards and Privileges Third Report


WRITTEN EVIDENCE RECEIVED BY THE PARLIAMENTARY COMMISSIONER FOR STANDARDS

6.  Letter to Mr Jonathan Sayeed from the Commissioner

Complaint by Mr Ivan Henderson MP

I enclose a letter of complaint I have received from Mr Henderson, following articles in the 'Sunday Times' earlier this week. You will see that Mr Henderson asks me to investigate whether or not you have abused Parliamentary privilege in respect of your association with the company English Manner Limited. Following an investigation by the 'Sunday Times', Mr Henderson alleges that you have used your privileged access to the House and its facilities to further the interests of the company, in which you have registered a substantial shareholding, and that this is contrary to a general principle that Members should not use their access to the House or its facilities for commercial gain or to further the commercial interests of others.

The allegation against you is, in brief, that you have abused the privileged access you have as a Member to the House and its facilities by exploiting it for the commercial benefit of a company in which you have a financial interest. As you know the Code of Conduct for Members approved by the House includes a provision that:

    "Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public's trust and confidence in the integrity of Parliament and never undertake any action which would bring the House of Commons, or its Members generally, into disrepute."

Members are also required to observe the general principles of conduct identified by the Committee on Standards in Public Life, including those of selflessness and integrity:

    "Selflessness: Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.

    Integrity: Holders of public office should not place themselves under any financial or other obligations that might influence them in the performance of their official duties."

It might be argued that, if you have indeed abused your privileged access to the House as alleged, you have thereby brought the House into disrepute and have exploited your public office for your own material benefit.

I enclose a note of guidance for Members who are the subject of a complaint, which sets out the procedure I follow. You will see from this that the first step is for me to seek the comments of the Member concerned on the complaint, so that I may consider whether the matter requires further investigation. What is asked of the Member at this stage is a full and truthful account of the matters which have given rise to the complaint.

Accordingly, I am writing to alert you to Mr Henderson's complaint and to give you the opportunity to respond to it. When you respond, it would be helpful if you could cover the following points in your reply, along with any others you consider relevant:

    1.  What is the precise nature and extent of your interest, financial and otherwise, in the company The English Manner Limited? Has the company ever paid a dividend? Have you ever received other payments?

    2.  Have you knowingly taken clients of The English Manner Limited on tours of the Houses of Parliament and/or hosted them at private receptions or any other events which have involved the use of parliamentary facilities? If so, how many of these tours, receptions or events have occurred, when have they taken place and how many people have been involved? Have you received any fee or other payment in relation to these events?

    3.  In particular, were clients of The English Manner Limited among guests invited to a reception held by you after a concert by the Parliamentary Choir, of which you were Chairman, in June last year?

To help me to ascertain whether the complaint is one I should take further, I am also seeking comments from the Serjeant at Arms and the House's Director of Catering. I will let you know of any salient issues which may arise from these inquiries.

You will see that Mr Henderson has also asked me to consider whether it is ethical for you to employ Alexandra Messervy as your constituency assistant, given her declared interest in the company. In order for me to evaluate this aspect of the complaint I should be grateful for your comments on it, and in particular to know:

    1.  Whether Ms Messervy is in fact employed by you. Is she remunerated by you from your parliamentary staffing allowance?

    2.  In what capacity is she employed? What are her precise duties?

    3.  What are the terms on which she is employed? Does she have a contract?

I am in touch with the House's Director of Finance and Administration about this aspect of the complaint and, again, will let you know of anything salient which may emerge.

I look forward to receiving your response. If you wish to come to see me about the complaint, please do not hesitate to contact my office to arrange this.

2 September 2004


 
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