41. LETTER
TO
RT
HON
JACQUI
SMITH
MP FROM
THE
COMMISSIONER,
3 APRIL
2009
I would welcome your help on a complaint I have received
from Mr Robert Waterhouse about the expenses claim you made for
paid items for films on your television account.
I attach a copy of the complainant's letter of 30
March. The complaint is one of a number I have received to the
same effect. I also attach a copy of the on-line article in the
Daily Mail of 30 March to which he refers. In essence,
the complaint is that you claimed against the Additional Costs
Allowance for films, the cost of which was not permitted under
the rules of the House.
I have not accepted the complainant's suggestion
that I undertake examination of all your claims, since as you
know, my role in this respect is confined to consideration of
complaints based on evidence of a breach provided by the complainant.
The Code of Conduct for Members of Parliament provides
in paragraph 14 as follows:
"Members shall at all times ensure that their
use of expenses, allowances, facilities and services provided
from the public purse is strictly in accordance with the rules
laid down on these matters, and that they observe any limits placed
by the House on the use of such expenses, allowances, facilities
and services."
The rules for the Additional Costs Allowance published
in July 2006 provides in Section 3.1.1 as follows:
"The Additional Costs Allowance (ACA) reimburses
Members of Parliament for expenses wholly, exclusively and necessarily
incurred when staying overnight away from their main UK residence
(referred to below as their main home) for the purpose of performing
Parliamentary duties. This excludes expenses that have been incurred
for purely personal or political purposes."
Paragraph Section 3.2.1 provides as follows:
— "YOU
CAN CLAIM
ACA IF:
…
- You have necessarily incurred additional costs
in so doing, and
- You represent a constituency in outer London
or outside London."
Paragraph 3.3.1 provides:
"You must ensure that arrangements for your
ACA claims are above reproach and that there can be no grounds
for a suggestion of misuse of public money. Members should bear
in mind the need to obtain value for money from accommodation,
goods or services from the allowances."
Section 3.13.1 gives examples of expenditure allowed
under the Additional Costs Allowance including:
"…
- TELECOMMUNICATIONS
CHARGES
- FURNISHINGS
…
— electrical
equipment
— TV
licence ..."
Paragraph 3.14.1 sets out expenditure which is not
allowable, including:
"…
Living costs for anyone other than yourself
…"
I am aware, of course, of the comments which you
made to the press and of your husband's statement. It would be
helpful for the purpose of this inquiry, however, if you could:
- let me know the circumstances
in which you came to include the film items in the claim which
has been publicized in the media:
- whether there are similar claims which you have
made for paid films against the allowance.
- the actions you have taken to rectify the position.
Any other points you wish to make to help me with
this inquiry would, of course, be most welcome.
I attach a note which sets out the procedures I follow.
I am writing to the complainant to let him know that I have accepted
his complaint and am writing to you about it. It would be very
helpful if you could let me have a response to this letter by
the end of April.
Thank you for your help on this matter.
3 April 2009
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