Revised Green Book and audit of Members' allowances - Members Estimate Committee Contents


1  INTRODUCTION

OUR REPORT

1.  On 20 October 2008 the Members Estimate Committee (MEC) asked the Members Estimate Audit Committee (MEAC) to make proposals on the future role of the National Audit Office (NAO) as the external auditor of the House of Commons and the House of Commons' own Internal Audit service in providing audit and assurance of spending on the Members' allowances.

2.  The MEAC was established in June 2004 as a sub-committee of the MEC to carry out a number of audit and assurance-related functions in connection with the Members Estimate, on behalf of the MEC. These functions included: general oversight of the work of internal audit and review; monitoring of the external auditor's independence, objectivity and effectiveness; advising the Accounting Officer in the exercise of his responsibilities; encouraging best financial practice, use of resources and governance in relation to the Members Estimate. The Committee consists of the Rt Hon Theresa May MP (Chairman) and Nick Harvey MP (both members of the MEC), Mr Clive Betts MP (member of the Finance and Services Committee) and three external members, currently Sir Thomas Legg KCB QC, Mr David Taylor FCA and Mr Alex Jablonowski.[6]

3.  We considered the MEC's request at our meeting on 22 October 2008. We were advised that it would be helpful if the MEC were able to consider our proposals at the same time as the advice of the Advisory Panel on Members' Allowances (APMA) on revisions to the Green Book and any outcome from the Leader of the House's Paper on Audit and Assurance of MPs' Allowances (the Leader's Paper).[7] We decided that in order to make full proposals we should consider the role of the House of Commons Department of Resources in administering and providing assurance on allowances, in addition to the roles of the Internal Audit service and the National Audit Office.

4.  We held informal discussions with the National Audit Office, the House of Commons Internal Audit unit, the Department of Resources and the Clerk of the House, Malcolm Jack, as Accounting Officer for the Members Estimate.

5.  We set out our findings and recommendations in four sections; External Audit; Internal Audit; Operational Assurance Unit; and, reporting and compliance, before offering some concluding remarks.

BACKGROUND

6.  Following the publication by the MEC of its Review of Allowances[8] in June 2008, the House debated the subject of Members' allowances on 3 and 16 July 2008. The debate on these occasions, so far as it related to audit and assurance of allowances, indicated some misunderstanding of the proposals in the MEC report. THE RESOLUTIONS MADE BY THE HOUSE IN RELATION TO AUDIT AND ASSURANCE REFLECT SOME LACK OF CLARITY, AND IN OUR OPINION DO NOT ALONE CONSTITUTE AN EFFECTIVE WAY FORWARD.[9] The Leader's Paper acknowledged the need for further steps to be taken:

In order to put into effect the changes agreed on 3 and 16 July and to build on the determination of the House to protect public money from abuse and to justify public confidence in expenditure on MPs allowances, this paper sets out what has been agreed and poses questions on further steps the House can take to improve financial control and audit.[10]

7.  For clarity we believe it will be helpful to offer some definitions of the terms used in this report:

DEFINITIONS

ASSURANCE is confirmation that assertions made are consistent with the evidence. It can be provided either by management or an independent third party.

An effective ASSURANCE REGIME includes:

a)  clear rules and guidance as to what is and what is not acceptable under the rules;

b)  robust management controls and processes designed to ensure compliance with the rules;

c)  testing of those controls (to ensure they are effective); and,

d)  reporting on the outcome of that testing to those wanting the assurance.

A FULL SCOPE AUDIT of a public sector body involves an auditor examining accounts with a view to satisfying themselves that in all material respects—

e)  the accounts present a true and fair view; and

f)  income and expenditure provided by Parliament has been expended for the purposes intended by Parliament and transactions conform to the authorities that govern them.

8.  In producing our proposals we have started from first principles to recommend a comprehensive system of audit and assurance. In some instances our proposals differ from the approach which has so far been determined by the House, for example over the decision that 25% of Members should have their spending on the Additional Costs Allowance audited each year.

9.  We have not produced precise costings of our recommendations although our preliminary discussions with the Department of Resources and auditors suggest that these would not be significant in comparison to the benefits to the House, including the benefits of our recommended system of audit and assurance. The use of internal House resources will have cost implications, as will the developments in IT systems that we would wish to see in ensuring a robust system of internal control for processing claims, but we believe that these will generate efficiencies and improved audit trails for the Department of Resources and auditors. Once our recommendations are approved, a detailed assessment of their costs and benefits will be needed.

10.  In developing our proposals we were conscious of the work being undertaken concurrently by the Advisory Panel on Members' Allowances (APMA) to advise the MEC on revisions to the Green Book. AS THE MAIN SOURCE OF GUIDANCE TO MEMBERS ON THE PURPOSE OF EACH ALLOWANCE AND ON THE CRITERIA FOR JUDGING THE APPROPRIATENESS OF ANY CLAIM, THE GREEN BOOK IS CRUCIAL TO THE EFFECTIVE ADMINISTRATION OF SPENDING ON MEMBERS' ALLOWANCES. IT IS ALSO KEY TO GIVING THE ACCOUNTING OFFICER ASSURANCE THAT SPENDING HAS BEEN FOR A PROPER PARLIAMENTARY PURPOSE.

11.  WE CONSIDER IT LIKELY THAT THE APMA PROPOSALS FOR THE REVISION OF THE GREEN BOOK WILL HAVE IMPLICATIONS FOR THE AUDIT AND ASSURANCE SYSTEM WE ARE RECOMMENDING. We have worked to produce our proposals so that the MEC can consider them at the same time as the APMA proposals. WE HAVE NOT BEEN ABLE TO GIVE THE APMA PROPOSALS OUR FULL CONSIDERATION BECAUSE THE PROCESS OF THEIR DEVELOPMENT HAS BEEN CONCURRENT WITH OUR OWN DELIBERATIONS. We are grateful to APMA for providing us with early sight of a draft of their proposed revisions to the Green Book, but note that this did not include any detailed proposals on the governance and escalation procedures in relation to allowances. We make our own recommendations on reporting and compliance in this report and would look at the broader implications of the proposed revisions to the Green Book for audit and assurance in more detail if requested to do so by the MEC.

12.  We agree with the Leader's Paper[11] that the approach to audit and assurance of Members' allowances should be in proportion to the risk of misuse of those allowances. When an audit strategy is designed (by external or internal auditors) or systems to provide assurance about the use made of allowances are implemented (by the Department of Resources), these should take into account the differing risks of misuse of different allowances. They should also take account of both the level of public concern about allowances and the "high impact" risk that misuse, or allegations of misuse, pose to the reputation both of individual Members and of the House of Commons as an institution. This is what we mean when we say that THE AUDIT AND ASSURANCE OF MEMBERS' ALLOWANCES OUGHT TO BE PROPORTIONATE AND "RISK-BASED".


6   The same members compose the Administration Estimate Audit Committee which carries out similar functions for the Administration Estimate. Back

7   Office of the Leader of the House of Commons, Audit and Assurance of MPs' Allowances, August 2008, Cm 7460. Back

8   Members Estimate Committee, Third Report of Session 2007-08, Review of Allowances, HC578-I and HC578-II. Back

9   Official Report, 3 July 2008, col 1121; Official Report, 16 July 2008, col 315. Back

10   Office of the Leader of the House of Commons, Audit and Assurance of MPs' Allowances, August 2008, Cm 7460, page 5, paragraph 1. Back

11   Office of the Leader of the House of Commons, Audit and Assurance of MPs' Allowances, August 2008, Cm 7460, paragraph 38. Back


 
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