House of Commons - Standards and Privileges

Later, it refers to Mr Sayeed's initial adoption as the (prospective) Conservative candidate in the constituency in 1995 and his intention to stand again at the forthcoming General Election and to organise his affairs in such a way as

to leave me clear to devote myself to the constituency and to winning the next election.

(3) Was the time of any of the staff paid for out of Mr Sayeed's Parliamentary staffing allowance used in the preparation or distribution of either letter?

20. Mr Sayeed says that he prepared the documents (that is, drafted them), but his staff, paid out of the Parliamentary staffing allowance, distributed them. He continues:

This was largely done out of hours and in their own time, late into the night.

(4) Were any other Parliamentary facilities, including any databases maintained by Mr Sayeed as a Member, used in connection with the preparation and distribution of either letter?

21. Mr Sayeed says that, as he was not permitted to use his local association database, he used a copy of his Christmas card labels list which he had in hard copy format. In addition to the use of stationery and envelopes, parliamentary facilities were used to reproduce the two letters and their enclosures. In addition the Parliamentary network was used to e-mail his press statement of 3 February to a number of people.

(5) Were Parliamentary facilities used in any way to prepare or distribute a letter sent on 3 February to Association members by The English Manner Limited?

22. Mr Sayeed says the answer to this is 'no'. Mrs Messervy (the Chairman of The English Manner Limited and Mr Sayeed's part-time constituency assistant) has a copy of his Christmas card list and used this when sending out her letter.

(6) Who wrote the letter of 3 February from The English Manner Limited?

23. Mr Levitt raised this query. Mr Sayeed says the letter was written by Mrs Messervy and her solicitor.

(7) In view of the similar typeface of the letter sent by The English Manner Limited and that distributed by Mr Sayeed on 9 February, were the letters produced and printed using the same Parliamentary facilities and/or staff time?

24. Mr Sayeed says the choice of typeface was purely coincidental. Neither parliamentary facilities nor the time of his parliamentary staff were used in the preparation or distribution of the letter from The English Manner Limited. Mrs Messervy paid for the envelopes, paper and postage, prepared the letter (with her solicitor) and arranged its distribution.

(8) Was Mr Sayeed breaching House rules when, in his letter of 9 February he invited people to contact him using his House of Commons fax number and e-mail address during a period when he was suspended from the House?

25. I understand that fax and e-mail facilities remain available to a Member who is suspended from the House for use in the usual way for permitted purposes. Mr Sayeed says that he gave these means of contacting him in his 9 February letter because they are the ones with which people in his constituency are familiar. He did not attend the House at any time during his suspension. He arranged for all e-mails to be forwarded to his private e-mail address. His office informed him of messages it received and his PA met him at the weekend in her own time to pass letters, faxes and e-mails to him.

(9) Does the fact that the telephone number at the foot of the 9 February letter is both that of Mr Sayeed's constituency office and that of Mid-Bedfordshire Conservative Association indicate that Mr Sayeed is subsidising his Association from his parliamentary allowances?

26. Mr Sayeed says that he has signed an agreement with his local association relating to the provision of office and other facilities. Members are required to lodge copies of such agreements with the Department of Finance and Administration. The Department of Finance and Administration has confirmed that it holds a copy of Mr Sayeed's agreement with the Mid-Bedfordshire Conservative Association. I have not seen any evidence which would indicate that Mr Sayeed is inappropriately subsidising his association from his parliamentary allowances.

Findings of Fact

27. Mr Sayeed's letters of both 3 and 9 February were distributed to members of the Mid-Bedfordshire Conservative Association using House stationery and post-paid envelopes. In all, according to Mr Sayeed, some 390-410 letters and their enclosures were dispatched. The letters were drafted by Mr Sayeed. House facilities and some time of staff paid for from Mr Sayeed's Parliamentary staffing allowance were used to prepare, copy and distribute them and their enclosures. Some of the work of distributing them was also, according to Mr Sayeed, done by staff in their own time.

28. The address labels used to dispatch most but not all of the letters (for some were addressed by hand) were gathered from Mr Sayeed's Christmas card label list. The list is kept by him in hard copy form. The same list was used to dispatch The English Manner Limited's letter to Association members of 3 February. I have seen no evidence that would contradict Mr Sayeed's assertion that no parliamentary facilities were used in the preparation or dispatch of that letter.

29. Parliamentary e-mail facilities were used to distribute some copies of Mr Sayeed's statement of 3 February and to receive some responses to his letter of 9 February. Parliamentary fax facilities were also used in the receipt of some responses.

30. Use of none of the Parliamentary facilities mentioned was barred to Mr Sayeed as a result of his suspension from the House, but both the facilities of the House and his office and the time of his Parliamentary staff were only available to him for use wholly, exclusively and necessarily in connection with the performance by him of his "Parliamentary duties".

31. I am not aware of any evidence that an inappropriate subsidy is being made from Mr Sayeed's parliamentary allowances to the Mid-Bedfordshire Conservative Association.

Conclusions

32. The relevant rules clearly provide that House stationery and post-paid envelopes must not be used for purposes which are not properly a charge on public funds. They are not to be used for circulars or unsolicited letters. Nor are they to be used to support the return of any person to public office.

33. The Staffing Allowance and the Incidental Expenses Provision available to Members are similarly provided to assist them in carrying out their Parliamentary duties. They are to meet costs "wholly, exclusively and necessarily" incurred in connection with those duties and may not be used for party political or campaigning purposes.

34. As I have pointed out at paragraphs 14-15 above, the fact that Mr Sayeed was suspended from the service of the House when the second letter was sent out is not a relevant factor. My conclusions therefore turn entirely on whether Mr Sayeed was entitled to use House stationery and post-paid envelopes, and staff and other resources provided at public expense, in sending his letters of 3 and 9 February to members of the Mid-Bedfordshire Conservative Association. This in turn depends on whether the costs incurred in sending them were a proper charge on public funds, and whether this was part of his parliamentary duties.

35. Mr Sayeed argues that he was entitled to act as he did. He maintains that there was widespread concern in his constituency to know his side of the story following the Committee's report on the earlier complaint against him; his future as the Member for Mid-Bedfordshire and as the prospective Conservative candidate at the next General Election was of more than party interest, and he had sent similar letters to constituents who were not party members; and in writing as he did he was not supporting his own return to public office.

36. I do not think any of these arguments stand up to scrutiny. Both letters were addressed in terms to the membership of his local Conservative Association. They were not specifically solicited, though it is possible that some recipients had previously contacted the constituency office expressing concern about events. They appear to have been designed to put Mr Sayeed's case to members ahead of the special general meeting on 17 February, at which his future as the prospective Conservative Party candidate in the constituency (and therefore his chance of securing re-election) was at stake. The letter of 3 February was dispatched after Mr Sayeed learned on the same day of the calling of the special general meeting. That of 9 February refers to Mr Sayeed's determination to continue to serve as the Member for Mid-Bedfordshire, to stand again at the forthcoming General Election and to organise his affairs in such a way as to win that election.