Nadine Dorries - Standards and Privileges Committee Contents


Appendix 1: Memorandum from the Parliamentary Commissioner for Standards


Complaint against Ms Nadine Dorries MP


Introduction

1.  This memorandum reports on my inquiries into a complaint that Ms Nadine Dorries, the Member for Mid Bedfordshire, claimed expenses against her Additional Costs Allowance for a property in her constituency which was in fact her main home.

The Complaint

2.  On 26 June 2009 Mr Michael Barnbrook wrote to me saying that he wished to register a formal complaint against Ms Dorries.[49] The complaint related to an article of the same date in the Daily Telegraph. Mr Barnbrook enclosed a copy of the article,[50] which stated that Ms Dorries had admitted that she only spent spare weekends and holidays away from her designated "second home", a flat in her constituency on which she had claimed £18,000 in rent. It also said that Ms Dorries had stated that her youngest daughter and her pet dogs lived at that property. Mr Barnbrook said that, if this were correct, Ms Dorries was in clear breach of parliamentary rules relating to the Additional Costs Allowance, "which state that the main residence is the property where a Member spends more nights a week than any other".

3.  Mr Barnbrook said that this raised the question whether Ms Dorries' designated "second home" was her main residence, "in which case she should not be able to use the second home allowance for its upkeep." He said that he had not submitted evidence "because I am not aware that Miss Dorries has repudiated the comments attributed to her."

4.  The Daily Telegraph article said that Ms Dorries had "initially refused to state where her other house was, but later said it was another rented property near her former marital home in the Cotswolds. There is no reference to such an address in any of her expenses files."

5.  I replied to Mr Barnbrook on 30 June 2009.[51] I noted that he had told me that he had not submitted evidence since he was not aware that Ms Dorries had repudiated the comments attributed to her. I pointed out, however, that I was required to consider whether the complainant had provided me with sufficient evidence to justify at least a preliminary inquiry into whether the Member had breached the rules. I told Mr Barnbrook that, to meet that requirement, he needed to submit the evidence which supported his complaint, along with an explanation of how he believed Ms Dorries had breached the rules of the House.

6.  Mr Barnbrook wrote to me on 2 July 2009.[52] He said that in his letter of 26 June[53] he should have said was that there was no need for further evidence, as he considered that Ms Dorries was admitting to breaching the rules in relation to the second homes allowance. Mr Barnbrook said that Ms Dorries was quoted in the Daily Telegraph as saying that she only spent spare weekends and holidays away from her designated second home. He said that the rules stated that the principal home was where a Member spent "more nights a week than any other". He continued, "By her own statement [Ms Dorries] is suggesting that she spends most of her time at her designated second home, which under the Commons rules would make it her principal home."

7.  Mr Barnbrook recalled my comments in the report relating to my investigation of Ed Balls MP and Yvette Cooper MP, where I had said, "If a Member has his or her family living permanently in their constituency home then it would clearly seem to be a matter of fact that the Member's main home is in the constituency." [54] Mr Barnbrook said that Ms Dorries was quoted in the Daily Telegraph as saying that her youngest daughter and pet dogs lived at her second home. "By your own submission that would make it her principal home. Taking into account the above comments, together with the admissions made by Ms Dorries, I would suggest that there is sufficient evidence to instigate at least a preliminary investigation into my complaint."

8.  I wrote to Mr Barnbrook on 7 July to let him know that I had accepted his complaint.[55] I pointed out that the full paragraph in my report to which he had referred was as follows:

"I do not believe that, given the particular circumstances of these two Members, the identification of their main home is a simple matter of fact. It is possible to imagine circumstances when that part of the rule clearly applies. If a Member has his or her family living permanently in their constituency home and has modest accommodation in London big enough only for themselves, and which they use only when Parliament is in session, then it would clearly seem to be a matter of fact that that Member's main home is in the constituency."

I said that, as the paragraph made clear, that statement was of course based on the particular circumstances of the Members whom I had investigated.

Relevant Rules of the House

9.  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."

10.  The rules in relation to parliamentary allowances were set out in successive editions of the Green Book. The versions relevant to this inquiry are the July 2006 and March 2009 editions.

11.  In his introduction to the July 2006 edition, the then Speaker wrote:

"Members themselves are responsible for ensuring that their use of allowances is above reproach. They should seek advice in cases of doubt and read the Green Book with care. In cases of doubt or difficulty about any aspect of the allowances or how they can be used, please contact the Department of Finance and Administration. The Members Estimate Committee, which I chair, has recently restated the Department's authority to interpret and enforce these rules."

12.  The scope of the Additional Costs Allowance, the allowance relevant to my inquiry for the period up to 31 March 2009, is set out in paragraph 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."

13.  The eligibility criteria are set out in paragraph 3.2.1 as follows:

  "You can claim ACA if:

a You have stayed overnight in the UK away from your only or main home, and

b This was for the purpose of performing your Parliamentary duties, and

c You have necessarily incurred additional costs in so doing, and

d You represent a constituency in outer London or outside London."

14.  Some general principles applying to the Additional Costs Allowance are set out in paragraph 3.3.1 as follows:

"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 funded from the allowances."

15.  The rules relating to the location of overnight stays are set out in paragraph 3.4.1 as follows:

"If your main home is in the constituency, you can claim ACA for overnight stays in London—or in another part of the constituency if reasonably necessary in view of the distance from your only or main home. Please contact the Department of Finance and Administration for information on such arrangements.

"If your main home is in London you can claim for overnight stays in the constituency.

"If your main home is neither in London nor the constituency you can choose in which of these areas to claim ACA."

16.  The definition of a "main home" for the purpose of the Additional Costs Allowance is set out in paragraph 3.11.1 as follows:

"When you enter Parliament we will ask you to give the address of your main UK home on form ACA1 for the purposes of ACA and travel entitlements. Members are expected to locate their main homes in the UK. It is your responsibility to tell us if your main home changes. This will remain your main home unless you tell us otherwise.

"The location of your main home will normally be a matter of fact. If you have more than one home, your main home will normally be the one where you spend more nights than any other. If there is any doubt about which is your main home, please consult the Department of Finance and Administration."

17.  The requirement for Members to report changes in the location of their main or second homes is set out in paragraph 3.12.1 as follows:

"If you change the location of your main or second home please let us know promptly, as it may affect your ACA claim. For example, if your constituency is outside London and you move your main home from the constituency to London, this will mean that you can no longer claim ACA in London."

18.  From April 2009, the House replaced the Additional Costs Allowance with Personal Additional Accommodation Expenditure (PAAE). The relevant rules for PAAE were set out in the March 2009 edition of the Green Book.

19.  Section 1.3 of this Green Book sets out a number of fundamental principles applicable to all claims against parliamentary allowances. They included the following:

"Claims should be above reproach and must reflect actual usage of the resources being claimed.

"Claims must only be made for expenditure that it was necessary for a Member to incur to ensure that he or she could properly perform his or her parliamentary duties.

...

"Members must ensure that claims do not give rise to, or give the appearance of giving rise to, an improper personal financial benefit to themselves or anyone else.

"Members are committed to openness about what expenditure has been incurred and for what purposes.

...

"The requirement of ensuring value for money is central in claiming for accommodation, goods or services—Members should avoid purchases which could be seen as extravagant or luxurious."

20.  The purpose of PAAE is set out in paragraph 2.1.1 as follows:

"PAAE is available to reimburse Members for the additional expenses necessarily incurred in staying overnight away from their main home for the purpose of performing their parliamentary duties..."

21.  Eligibility for PAAE is set out in paragraph 2.1.2 as follows:

"PAAE can be claimed if the principles set out in Part 1 have been complied with, and

— If your main home is in the constituency, for overnight stays in London

— If your main home is in London, for overnight stays in the constituency

— If your main home is neither in London nor the constituency, you can choose in respect of which of these areas to claim PAAE"

22.  Paragraph 2.1.3 gives examples of expenditure appropriate to be claimed as PAAE. Paragraph 2.1.3.1 sets out what is appropriate in respect of rent or mortgage interest as follows:

"In respect of one additional home in either London or the constituency:

Either

— Rent

— The cost of a deposit (although this must be repaid when the deposit, or a proportion thereof, is returned)

Or

— Mortgage interest

— Increase to mortgage costs (interest only) to pay for refurbishments; to extend the lease; or to purchase the freehold

And

Legal and other costs associated with obtaining (and selling) (for example, stamp duty, removal expenses, valuation fees)"

23.  The documentation required for PAAE claims is set out in paragraph 2.1.5 as follows:

"Members are required to provide the Department with the address of their main home when they enter Parliament by completing form PAAE1. Members must inform the Department if the address of either home changes. This information is essential to ensure the proper assessment of a Member's PAAE and travel entitlements. Save in exceptional circumstances ... Members may only change the respective designations of main home and additional home once in any year."

24.  Section 4 of the Green Book (Definitions) define the expressions "main home" and "additional home" in the following terms:

"'Main home' is the term used in the Green Book for the term 'only or main residence' as used in the applicable Resolutions of the House and the relevant legal provisions. It is for a Member to determine where his or her main home is based on his or her circumstances. It must be in the UK."

"'Additional home' means the home, not being the Member's main home, in respect of which a Member is entitled to claim PAAE. It must be in the UK."

My Inquiries

25.  I wrote to Ms Dorries on 7 July 2009.[56] I asked her in particular to identify, with dates, the location of her main home, and her second home for ACA purposes, including any changes to their locations, since her election to the House in 2005. I also asked Ms Dorries to set out her reasons for identifying those properties as her main and second homes, and the reasons for any changes she had made to these identifications, and to set out what advice, if any, she had taken from the House authorities before or after she had determined the location of her main and second homes.

26.  I asked Ms Dorries to estimate, drawing on her diaries and other information as necessary, the number of nights she had spent in her main home, in her second home and in other locations in each financial year or part year since her election in 2005. I also asked her to let me know the basis of these statistics and, recognising the passage of time, how reliable she considered them to be. I asked Ms Dorries to confirm whether she had been accurately quoted in the Daily Telegraph of 26 June when she was reported to have "admitted that she only spends spare weekends and holidays away from her designated second home".[57] Finally I asked Ms Dorries to set out the claims she had made against the Additional Costs Allowance for her second home in each financial year or part year since she was elected, together with copies of her claim forms and supporting documentation if available.

27.  Ms Dorries replied to me on 27 July.[58] On my questions about the Additional Costs Allowance, Ms Dorries said she had forwarded to me her expenses "up to the date they are available in order to assist with your inquiry."[59] She said that when she became an MP in 2005 she had initially rented a room at a central London club on sitting nights and then rented a flat in Westminster. She had "then transferred the allowance to a rented property in [her] constituency", the address of which she gave. She told me, "I spend approximately 150 nights per year in my constituency home." Ms Dorries said that her main home had been a property in Gloucestershire, the address of which she gave, from 2005 to 2007, and "to date" was a property in Stratford-upon-Avon, the address of which she also gave.[60] In response to my question as to whether she had been accurately quoted in the Daily Telegraph article, Ms Dorries commented, "By free weekends, I of course mean weekends when I do not have surgeries and official duties."

28.  On 30 July I wrote again to Ms Dorries.[61] I said that in my letter of 7 July[62] I had set out five other areas on which I needed information from her besides details of her ACA claims. I also said that the information Ms Dorries had given me in her letter of 27 July was not sufficient for me to decide how best to take this matter forward. I therefore asked Ms Dorries in particular for more precise information on the dates (as opposed to the year) between which she had her room in the central London club and her flat in Westminster, the date when she had taken over the rented property in her constituency, and the date when she had moved from her first home to her current one. I also asked why she had identified her first and second main home as her main homes and the reason why she had initially identified her second home as being in London and subsequently changed her designation to her rented constituency home. I also asked whether she had rented that home before she had started claiming for it, and what advice, if any, she had taken from the House authorities about these arrangements.

29.  I told Ms Dorries that the number of nights she had spent in her main home would, under the rules of the Green Book, be an important factor in helping to resolve this complaint. I also told her that the estimate she had given me of nights in her constituency home was too broad and did not account for nights she had spent in her main home. I asked her, therefore, to let me have her estimate of how many nights she had spent in her constituency home in each financial year since she had been elected in 2005; the number of nights she had spent in her main home for the same periods; and the number of nights she had spent elsewhere. I also asked Ms Dorries to tell me the basis on which she had made these estimates, with any documentary evidence she had to help substantiate it. I said I assumed that she had diaries which showed her appointments, which might be helpful in substantiating her estimates. However, I also said I readily recognised that any documentary evidence she might have was unlikely to be conclusive and that her response would be her best estimates for each year, based on what she knew of her normal pattern, diary information and her own recollection.

30.  Finally, I said to Ms Dorries that I took it from what she had said that the Daily Telegraph quotation was accurate, subject to the clarification she had given me, and that the implication of the quotation was that she stayed overnight in her constituency home unless she was on holiday or did not have a weekend surgery. I told her that once I had her estimates of her overnight stays, I might need to ask her to explain how that statement was consistent with the normal expectation of the Green Book rules that Members should spend more nights in their main home than anywhere else.

31.  Ms Dorries replied to me by e-mail on 4 August.[63] She said that the ACA claims she had previously sent me would "quite clearly show both the dates and the fact that only one property was claimed for using my ACA at any time."[64] She said that she had only ever rented using the ACA, and had not bought, "and therefore the reasons for changing address do not apply in terms of 'flipping'." She said that the address of her main home had changed because of her marriage breakdown and the requirement for the family home to be sold. The central London club, the Westminster flat and then the constituency home had all been paid for using the ACA, one after the other. She "obviously had no accommodation when I first arrived in London as an MP and had no choice but to use an hotel."

32.  Ms Dorries said that she had not rented the constituency home before she rented it using the ACA and previously had "no property whatsoever" in the constituency. She commented, "I would have no reason to have had any property in my constituency before becoming an MP as I had lived in Gloucestershire for the previous 20 years." Ms Dorries said she had changed her ACA address from London to her constituency, as she "had promised my Association during my selection that I would make a home base in the constituency, and made the same pledge to my constituents during the general election campaign." She said that she now resided at the constituency address "in tandem with the parliamentary cycle, this is how I broadly estimate my nights." She continued, "However, I do not spend every parliamentary sitting night in the constituency. I spend an occasional Monday and /or Tuesday evening in London, depending upon the votes during the weeks Parliament sits. This arrangement is private and does not involve any claim to the Fees Office." In response to my request for more specific information than she had given in her letter of 27 July about the number of nights she had spent in her respective homes, Ms Dorries said that "in 2007 and 2008 I spent many fewer nights in the constituency home and many more nights in my main home than my estimate" as her daughter then attended a school in Gloucestershire. She estimated that "this year I will spend approximately 200+ nights per year in my main home." Ms Dorries said that she had sought advice from the Fees Office "every step of the way ... I have always sought advice and always remained within the guidance laid out in the Green Book, whilst at the same time exercising my own judgment, ie, I chose to rent and not buy in the constituency as I felt this was easier to explain to my Association and electorate."

33.  I replied to Ms Dorries on the same day, 4 August.[65] I told her that she had not yet provided me with all the information I had sought in my letter of 30 July,[66] drawn from my letter of 7 July,[67] as I was sure she would recognise. I pointed out to her that I needed as full an answer as possible in order to take forward my inquiries.

34.  On 8 October Ms Dorries e-mailed to me an analysis which she said had been based on her office diary, her personal diary and her daughter's diary, of where she had spent her nights from her election to the House in May 2005 to the end of 2008-09.[68] She did not claim it to be "absolutely 100% accurate", but said that it was "as accurate as is possible." The information she gave is summarised in the table below:
Financial year Nights at main home Nights in constituency Nights in London Nights elsewhere Total
2005-06186 31 16233
2006-07208 111 45364
2007-08222 98 45365
2008-09199 121 45365

In addition to the night count, Ms Dorries emphasised that "to my family and I, the Cotswolds is our home".

35.  Ms Dorries responded formally to my letter of 4 August[69] on 11 November, following reminders from and discussion with my office.[70] She apologised for the delay in responding, which she said had been because "it took longer than anticipated to retrieve some of the information required". Ms Dorries enclosed "as much of my diary as Outlook would allow".[71] For the first few pages she had highlighted her journeys to and from home, her appointments in Gloucestershire and the nights she had slept in the constituency home. She said that her constituency home was "there as a means of maintaining a base in my constituency in order to assist with my duties as an MP both in Parliament and the constituency." She continued, "If I had intended to move my family permanently into Bedfordshire, I would have used the ACA to buy a more comfortable house than the sparsely furnished rented house I use at present..." Ms Dorries also said that she had "used none of the ACA to buy furniture for my rented constituency home other than a very basic cooker and a kettle."

36.  Ms Dorries said that the pattern of properties in respect of which she had claimed against the Additional Costs Allowance since she had entered the House in 2005 was as shown in the table below:
PeriodLocation of property
May 2005-June 2005 Carlton Club
June 2005-December 2006 [Westminster flat]
October 2006-January 2007
Carlton Club (including two nights in [named hotel])
January 2007-Present [First constituency address] (rented)

Ms Dorries commented that "The frequency of nights I spent in the Carlton Club, when using it before renting the constituency home, is, interestingly, consistent with the nights I spend in the constituency house." She also said that, as a result of a security issue with the Westminster flat, with the knowledge and agreement of the Fees Office, she had transferred to staying once again at the Carlton Club from October 2006 "until I rented the constituency house from 31 January 2007".

37.  Ms Dorries said that her main homes since she had entered the House had been as shown in the table below:
Period Location of property
May 2005-January 2007 [Gloucestershire, Address 1]
January  2007-January 2008 [Stratford-upon-Avon, Address 1]
January  2008-January 2009 [Stratford-upon-Avon, Address 2]
January 2009-December 2009 [Stratford-upon-Avon, Address 3]
September 2009-Present

(Permanent address)

[Gloucestershire, Address 2]

38.  Ms Dorries said that she had viewed on the Fees Office computer the record of the conversations she had had with the Fees Office. She commented, "I must have spoken to [a named official] and others at least 20-25 times over the last four years, however, there are only five records of conversations logged". Summing up, she commented, "With regard to the Telegraph article, I am constantly between a rock and a hard place. With political opponents baying at my heels telling my constituents I care nothing for Bedfordshire and spend all of my time in Gloucestershire, and the Daily Telegraph attempting to portray that I spend none of my time in Gloucestershire and all of my time in Bedfordshire. The truth is that as a mother who has three daughters still living full time with me at home, I spend my time where my children are. To my children, their home ... is based around [first Gloucestershire village], and will continue to be the case. Where they are, I am."

39.  Having considered all the information which Ms Dorries had provided about her overnight stays, including making a detailed study of the information she had provided in her Outlook diary for 2008-09 and the eight months from April to November 2009 which she had sent with her letter of 11 November,[72] I wrote to her again on 15 December to seek further information on the pattern of those stays.[73] I told her that the diary entries were not such as to allow me to identify with any reliability where she was likely to have spent her overnights. I noted that there were just 11 occasions in 2008-09 and 6 occasions in 2009-10 where she had recorded constituency appointments either in the evening or in the morning or (on 1 occasion in each year) both. I also noted that the markings made by her in her diary to show her estimate of her constituency nights and journeys to and from her main home gave the following estimated pattern of nights:
Financial year Nights in main home Nights in constituency
2008-0962 81
2009-10*No clear number 33

* To November 2009

I commented that, even for 2008-09, the figures only added to 143 nights overall—just over a third of the nights that year—although they did suggest that she was spending more nights in her constituency home than in her main home. I also noted that there was, of course, no diary information for any of the previous years.

40.  I told Ms Dorries that I therefore concluded that her diaries did not provide a reliable guide to the number of overnight stays in her main home and in her constituency home. I noted, though, that in her e-mail of 8 October,[74] Ms Dorries had provided the following estimates:
Financial year Nights at main home Nights in constituency Nights in London Nights elsewhere Total
2005-06186 31 16233
2006-07208 111 45364
2007-08222 98 45365
2008-09199 121 45365

41.  As Ms Dorries' diaries did not help in corroborating or complementing these detailed estimates, I asked her how she had come to establish them. I also asked her a number of specific questions about each of the years. In respect of 2005-06, I noted that there were 98 nights missing (taking account of the General Election, there were 331 nights to be accounted for that year[75]) and asked Ms Dorries if she could complete the estimates so that they totalled 331 nights. I also asked her, in doing so, to confirm her initial estimate[76] that she had spent no overnights in her constituency. In respect of 2006-07, I asked her whether she had spent any nights in her London home that year as until January 2007 that had been her second home—and the one on which she had made claims against the Additional Costs Allowance. I also told Ms Dorries that, if she had spent nights in her London home, she would need to adjust her estimates for nights in her main home and in her constituency. Finally, I asked her to reconsider her estimate of the number of nights she had spent in her constituency home in that year, as it was not clear to me how she could have spent 111 nights there when she had only begun to rent it in January 2007.

42.  In respect of 2007-08, I asked Ms Dorries whether she had spent any nights in London. I pointed out that the estimates suggested that she had spent no nights in London. I noted, however, that she had said in her blog of 16 May 2009[77] that "Sometimes, on the very late week nights I stay in London…" and had said in her e-mail to me of 4 August[78] that she spent "an occasional Monday and/or Tuesday evening in London". I said that if she had in fact done so, she would need to adjust her estimates of the number of nights spent in her main home and in her constituency. In respect of 2008-09, I asked Ms Dorries whether she had also spent no nights in London in this year, despite what she had said in her blog and e-mail referred to above, and that if she had indeed done so, she would again need to revise her estimates of the number of nights she had spent in her main home and in her constituency. In respect of 2009-10, I asked Ms Dorries for her estimate of the number of nights she had spent in her main home, in her constituency home and elsewhere (including any nights in London) as she had not so far provided me with such estimates and it was not possible to take this information from the Outlook diary which she had sent me.

43.  I also told Ms Dorries that, while I did not propose to publish the detail in her diaries, I might need to publish her estimates of the total number of nights she had spent in London, the constituency, her main home and elsewhere in each of the years in question. I said that the reason I was asking for this information was that before I came to a view on the complainant's allegation that she had spent "only spare weekends and holidays" away from her second home I needed to arrive at a reasonable estimate of the number of nights she had spent in her main and second homes.

44.  Ms Dorries replied on 25 January 2010.[79] She sent with her letter a further print-out of her diaries which she said she had made easier to understand "by removing my travel arrangements and simply highlighting the nights I believe I have slept at my main home". She also said that it had come to her attention that "a Daily Telegraph journalist has been telephoning people who live in proximity to my constituency house ... They have also had someone knocking on doors in [the constituency, in Gloucestershire and in Stratford-upon-Avon]. I am aware that they may have persuaded a neighbour who lives in France and only stays in [the constituency] for a short period of time, to make a submission to you." She continued, "The last time I saw this neighbour was in June last year and the time before that during the snow last February...[80] I would like to clarify that this neighbour does not have a front door on the same road as my house, even though they are [a near neighbour]. Their property is at the rear, which is where the front door is positioned and is entirely occluded by large plants and conifers... They have no view of my front door and cannot see me when I enter or leave the property. They could not honestly say that they have seen me more than a handful of times over the last two years." Ms Dorries went on to say, "I would also like to question whether or not their submission to you, which is also in the hands of the Telegraph, perhaps motivated by the Telegraph, can be considered as evidence to your inquiry when it has been published and is in the public domain before the inquiry has been concluded ... Can you accept a letter of evidence from someone who has apparently spent the last six months living in France and has only seen me on two occasions in twelve months?"

45.  Ms Dorries also said that she had "asked for and given permission to" her general practitioner to write to me in support of her submission.[81]

46.  In response to my question as to how she had come to establish the detailed estimates of where she had spent her nights given that her work diary did not provide the necessary information, Ms Dorries commented, "I am now a single parent who works long and complicated hours with personal commitments which are absolutely rigid. My diary planning on a week by week basis, the organisation of my [family commitments] means that almost every aspect of my life is planned down to the last second. As a backbench opposition MP, my diaries are not as specific as they would be if I were a Government Minister. I am afraid that I have no option other than to provide you with verifiable evidence which is personal in nature in order to make my case."

47.  Ms Dorries said that, when she did not have a rented property in the constituency and used the ACA to pay for hotel accommodation in London, "the number of nights I spent in hotels were also very few with the majority of my nights being spent at home." She also said that, when she entered the House in 2005, she had two daughters attending school in Gloucestershire. She commented, "It was necessary given my domestic situation ... for me to travel home as much as possible ... It was not unusual for me to leave Westminster at 10.30 pm and arrive home at 12.15 in order to be at home for the next morning."

48.  Ms Dorries went on to say that her youngest daughter "now attends [a school] in the constituency two and a half days a week during term time." She commented, "I am at home every Friday, Saturday and Sunday night as I have [family commitments] on a Saturday and sometimes Sunday morning and during the holiday/recess period ..." Ms Dorries also said that she "was absent with permission from the Whips from late night voting completely throughout October, November and December [2009] ... I managed to maintain my normal constituency and non-voting parliamentary duties from my main home."

49.  Ms Dorries said that, following her separation from her husband, the family home (which was also her main home for parliamentary allowance purposes), had been placed on the market. Ms Dorries commented, "Whilst this process took place, with the initial thought in mind that it would only take a matter of months, my husband rented a house for the girls and I ..."[82] She continued, "Due to the process taking much longer than expected, we had to rent for longer than we initially thought. This was necessary as my daughter attended the local school and both of my other daughters who still live with me had commitments in the area—we maintained our normal day to day lives and routine in exactly the same way we had been doing so in the marital home. Our local commitments remained the same and we continued with our usual family routine." Ms Dorries continued, "The rented homes were substantial houses.[83] Other family members have relocated their lives in order to live near to us, hence my inability to move everyone and relocate to Bedfordshire. Recently, my personal caring commitments and responsibilities have extended beyond my children. We rented within a 12 minute drive from my daughter's school."

50.  Ms Dorries told me that "Throughout this process the Fees Office were fully aware of the situation and I explained what was happening every single step of the way". She continued, "It was upon advice from the Fees Office that [the first Gloucestershire address] remained listed as my main home until the legal situation had sorted itself out. Indeed, I informed them of the change of my main home address in 2007 and 2008. The main home address has now been changed from [the first Gloucestershire address] to [the second Gloucestershire address]. It was upon their advice that I left the situation as it was until I knew where our new permanent main home address was going to be." She continued, "I have checked with the Fees Office and asked how many of our conversations were recorded—it appears hardly any and that the only recorded conversations were those relating to mislaid invoices etc. If all conversations had been recorded I would be able to provide the records as supplementary evidence to this letter."

51.  Ms Dorries said that the rented properties in Stratford-upon-Avon "were substantial, expensive properties with a garden." She commented that her situation was "quite clear. My constituency house was an extremely modest, rented, mostly un-furnished or carpeted mid terraced property ... on a main high street with no garden. Only one room contained any furniture and a requested interview with the Sunday Telegraph meant transporting in boxes of books and ornaments and a couple of pictures to make the place look lived in. The Sunday Telegraph journalist saw through this and commented on the sparsity and dustiness of the house and the fact that the post hadn't been picked up from the mat for two weeks." Ms Dorries said that she had "then described it as my 'post divorce bolt hole' even though I wasn't yet divorced in order to give the impression to my constituents that I did in fact live there and to convince the journalist that I did." Ms Dorries added that the property "didn't have any curtains downstairs and I did not claim any expenses to provide any or any furniture as I used the house only as an office and to sleep in."

52.  Ms Dorries said that she "often posted comments on my blog relating to [name of town] in my constituency." She continued, "Since I first rented in the constituency, I made a song and dance about being at the property. I have mentioned it on my blog a number of times." Ms Dorries commented, "This was done to comfort my Association. The previous MP only visited the constituency occasionally—sometimes only as often as once every six weeks—and they were keen that I reversed that impression ... The fact that it took me two years to move was becoming an issue which I had to address." Ms Dorries added that she "did consider buying using the allowance, but took the decision that it just didn't 'feel' right—as [the landlord] has properties available for long term rent this appeared to be an ideal solution and one which was hassle free for me. I was selected for my constituency the weekend the election was called in 2005 and my opponents make much of the fact that I was 'parachuted in' ... Communicating the fact that I was around [town in constituency] and had made the effort to move my second home from London to the patch and to take the commute in with my constituents was an important process in letting my constituents know I am totally committed to Mid Bedfordshire. Whenever I have been at church, the local pub, or interviewed in the patch I have mentioned it on my blog."

53.  In concluding her general comments, Ms Dorries commented that "the fact remains that I have never at any time assumed my situation of renting whilst in between selling and buying main homes was acceptable until I had checked it with the Fees Office and received assurance that the situation was perfectly acceptable and within the rules". She said that she "had absolutely no idea how to navigate around [the] expense/allowances process and sought advice every step of the way ... I have never acted upon my own instinct but on the basis of very clear instructions provided to me by the Fees Office on a very regular basis."

54.  Turning to the specific questions I had asked in my letter of 15 December,[84] Ms Dorries said that she had not spent any nights in her constituency in either 2005-2006 or 2006-2007. As regards my question as to how Ms Dorries could have spent 111 nights in the constituency home in 2006-07 when she had only begun to rent it in January 2007, she commented, "My PA completed the box and I think she may have misunderstood what I said." In response to my question about the number of nights Ms Dorries had spent in London in 2006-07, 2007-08, 2008-09 and 2009-10, Ms Dorries commented, "If I have attended a dinner and have had an alcoholic drink and someone is with my youngest daughter at home, I very occasionally stay in London. This never happens on more than 6-8 nights in a whole year and is very ad hoc. I will adjust all years to reflect."[85]

55.  Ms Dorries reiterated that she had provided a diary print out for 2008-2009, in which she had clearly marked "the nights I know I definitely slept at my main home". In respect of 2005-2006, Ms Dorries said that she had entered Parliament for her first day on 10 May 2005 and, according to her expenses, had spent 31 nights in London that year. She also said that "The remainder of the time I slept at my main home apart from 16 days elsewhere. I spent 0 nights in the constituency."

56.  Ms Dorries said that "on closer examination" of her 2008-09 diary she had "also revised my estimates for this year". She continued, "I have revised other years to include the nights I stay in London." The detailed table provided by Ms Dorries in respect of the years 2006-07 to 2009-10 and reflecting all her revisions is reproduced below:
Financial year HomeLondon Constituency Elsewhere
2006-07208 1120 45
2007-08223 1089 44
2008-09235 997 24
2009-10218 337 42

In respect of 2009-10, Ms Dorries commented, "I have provided a number of nights. My time at the constituency house was focused in May and June as I had a large number of AGM etc to attend and my daughter had exams."

57.  Ms Dorries went on to say that "The truth is that I don't keep a record of where I sleep and when. I have a pattern. My travel arrangements are complicated as I often travel to the house after I have dropped my daughter off, work from the constituency office and then leave for London. Although I sometimes spend the day in the constituency house/office, I don't actually sleep there. As mentioned above, I know I am always at home on a Friday, Saturday and Sunday. If I have anything to attend in the constituency I always drive home afterwards."

58.  Ms Dorries also told me that "a few weeks ago" she had moved her constituency home to a different property.

59.  I replied to Ms Dorries on 2 February.[86] I told her that I would be working through her revised diary entries and the supporting information she had given, and would be back in touch with my conclusions. I also sought to clarify the apparent discrepancy in respect of her pattern of nights in 2006-07 between information she had given on 8 October 2009[87] and that given in her letter of 25 January.[88] I asked her for more information as to how such an error had occurred and how she had failed to notice it before submitting the information.

60.  I wrote to Ms Dorries again on 9 February, having analysed the further information she had supplied in her letter of 25 January, including the diary evidence. [89] I told her that I needed to ensure that I had reliable information on which to base my decision about the complaint, and therefore asked her some further questions, particularly in relation to the areas where her latest evidence had differed from earlier submissions. I therefore enclosed with my letter a table[90] which identified the estimates of her overnight stays as given in her e-mail of 8 October,[91] in her letter of 25 January[92] and in the highlighted days in the diary extracts she had sent me with that letter. I asked her for the reasons for the variations in her estimates. In particular, I reiterated the request I had made on 2 February in respect of 2006-07 for more information about how the error had occurred in identifying on 8 October that she had spent 111 nights in the constituency when her letter of 25 January had identified these as, in effect, London nights. In respect of 2007-08, I asked Ms Dorries why she had omitted the 10 London nights from her e-mail of 8 October, and whether these nights accounted for the 9 night reduction in the constituency figure provided with her letter of 25 January.

61.  In respect of 2008-09, I asked Ms Dorries why the estimates in her letter of 25 January differed so apparently markedly from those in her e-mail of 8 October—namely, 36 more nights in her main home, 24 fewer nights in her constituency home, 9 nights in London where there were none before and 21 fewer nights elsewhere. I also asked Ms Dorries how the overnight stays highlighted in her diary could be reconciled with her own estimates in her letter of 25 January. I noted that the diary evidence showed 214 nights in her main home, 21 fewer nights than her estimate, and that it was unclear what 23 of the highlighted entries for August 2008 and February 2009 signified in terms of the location of Ms Dorries' overnight stays.

62.  As to Ms Dorries' pattern of overnight stays in her main home in 2008-09, I noted that her letter of 25 January said that she had spent Friday, Saturday and Sunday nights in her main home and that she had highlighted these in her diary. However, I also noted that there were an additional 76 main home nights on other days of the week highlighted in her diary, on average between one and two further nights each week, and asked if there was any pattern to these additional weekday nights. I also asked Ms Dorries if she could explain how, according to her diary highlights, she had spent each night in September 2008 in her main home when, according to her blog entry of 15 May 2009,[93] her daughter had attended school in her constituency from September that year. In respect of 2009-10, I asked Ms Dorries also to provide me with diary highlights for the remaining months beyond April 2009,[94] to set against the estimates she had provided in her letter of 25 January.[95]

63.  I also asked Ms Dorries, in the light of the evidence she had now given me, about statements that had been attributed to her in a Daily Telegraph article of 18 May 2010,[96] and in particular about the following excerpts:

"But when questioned by the Daily Telegraph about her second home, she posted a message on the Internet in which she admitted her daughter goes to school in the area, she keeps her pet dogs there and she spends many of her weekends working there.

"[Ms Dorries] wrote, 'My children stay with me when I am in the constituency. I keep the dogs at the constituency address as I am often there on my own and it confuses them being moved around.'"

I asked Ms Dorries to assist me in reconciling these statements—if accurately quoted— with her letter of 25 January, in which she had said, "I know I am always at home on a Friday, Saturday and Sunday. If I have anything to attend to in the constituency I always drive home afterwards."[97] I also asked her whether some or all of her children and her dogs travelled with her between homes on each occasion and, if not, who looked after them when they were in her constituency home without her.

64.  One of Ms Dorries' constituency neighbours, referred to in this memorandum as neighbour 1, had written to me on 22 January 2010.[98] He said that "further to a recent meeting with [name of reporter][99] of the Daily Telegraph", he had "been asked to write and confirm" three points they had discussed. The first was that Ms Dorries had been their next door neighbour for two and a half years "until she recently moved to another property in [town in constituency]". The second was that he believed that Ms Dorries' original constituency home "was very much the 'family' home where [Ms Dorries] lived with her daughter/daughters and her family pets". The neighbour commented, "She spent most of her time here with various members of the family." The third was to quantify the amount of time Ms Dorries and her family resided at the property. The neighbour commented that he believed this to be "approximately 80%. This included weekdays, weekends, school and university breaks, with the exception of four to six weeks during the summer recess when some or all of them went abroad."

65.  I replied to this neighbour on 2 February 2010.[100] I asked whether he could confirm whether the estimate of 80% of Ms Dorries' time in her constituency property was an estimate of the proportion of the nights she had spent there each year or whether this estimate also covered her daytime use of the property. I also asked for confirmation that, if the estimate was of the proportion of nights which Ms Dorries had spent in the property, he believed that, with the exception of her six-week break in the summer recess, Ms Dorries had spent every night of the last two and a half years in her constituency property. I also asked, if the estimate was of Ms Dorries' daytime use of the property, for his further estimate, if he could reliably provide it, of the proportion of her nights which he believed Ms Dorries had spent at the property, if possible in each relevant financial year. I also asked him to confirm the basis on which he had formed his conclusions, including how frequently he had been in his own property at the relevant times, together with any supporting evidence he might be able to provide. In this latter context, I told this neighbour that other witnesses had suggested that he also had a home in France and was away from the area most of the time.[101] Finally, I asked him to confirm the start and end dates for the 2½ year period to which he was referring.

66.  The neighbour replied on 18 February.[102] He said that statements that he and his wife spent most of their time in France were "untrue". The neighbour commented, "We did not in fact purchase our holiday cottage in France until the end of 2008 by which time [Ms Dorries] had already been our neighbour for just over 18 months". He said that in 2009 he had spent three weeks there in February/March, the first visit following its purchase, five weeks in May/June "during which I returned home twice each time for five days", two and a half weeks in August "which coincided with the Dorries household summer holiday", and two weeks at Christmas. The neighbour also set out the observations he had made when approached by the Daily Telegraph. These were that it was "quite obvious" that Ms Dorries and her family used their constituency home "as the main family home". The neighbour commented, "The dogs lived there permanently and her daughters came home regularly from university and school frequently ... Her youngest daughter lived there in 2009 as she attended school locally." The neighbour also said that he was unable to quantify the exact number of days or nights Ms Dorries had spent at the house "since this would be impossible to do in the absence of a private investigator or a surveillance camera". He added, "Our house and my studio adjoins what was her property on two sides and consequently we were acutely aware of her and her family's presence whenever they were there. If [Ms Dorries] is supposed to have her main home elsewhere, she most certainly did not spend much, if any, time there!"

67.  The neighbour concluded his letter by saying, "Whilst the above is background information for your enquiry, I do not wish to be a witness. I have only passed these comments as an adjoining neighbour and a taxpayer deeply concerned about the misuse of parliamentary expenses. I merely wish to be a responsible citizen without being dragged into this government expenses inquiry."

68.  I replied to the neighbour on 22 February.[103] In response to his statement that he did not wish to be a witness to this inquiry, I said that I could only take account of his information if it was given to me by him as a witness. This was because it would not be fair for me to take into account information which I could not disclose to the Member of Parliament and the Committee on Standards and Privileges, or if necessary subsequently publish after the conclusion of my inquiry. I also said that I considered the information he had given me was relevant to my inquiry as it addressed the question of how many nights Ms Dorries had spent in her constituency property, which was material to the outcome of my inquiry. I also noted that information which he had subsequently sent me in evidence in his letter of 22 January[104] had already been published. I told the neighbour that I would, therefore, be showing the correspondence to Ms Dorries for any comments she might wish to make and, subject to any further representations he might wish to make about confidentiality, that I would expect his letters to be published along with the other evidence I received in the course of my inquiry.

69.  A second constituency neighbour, referred to in this memorandum as neighbour 2, had written to me on 23 January.[105] She said that she lived across the road from Ms Dorries "and only occasionally see the car parked outside or the MP going in or out of the house. Myself and my husband walk our dog and drive our car past our MP's house every day." She continued, "Only one of her neighbours is permanently in residence. The others have a house in France where they spend most of their time. I would like to state that the comment 'she spends 80% of her time' at the house is 'entirely untrue'. If this was the case, I would certainly know."

70.  I replied to neighbour 2 on 2 February.[106] I asked her if she could reliably provide me with an alternative estimate of the number of nights which she believed Ms Dorries had spent at this property, ideally by financial year, together with any information about the basis of that estimate. Neighbour 2 replied on 9 February.[107] She explained that she walked her dog every morning between 6 and 8.30 am, and the same times in the evening. She said that Ms Dorries had to park her car on the road, and "my husband and I constantly comment on her car not being there, because we had assumed she lived there all the time". She added, "So as a percentage of a year, I would say 10%, and of a week, 15%. We see her car most often on a Friday morning and occasionally the odd day in the week".

71.  I had also received a letter from a third constituency neighbour, referred to in this memorandum as neighbour 3, on 25 January.[108] He said that he lived in a terraced row of houses, in the property directly adjoining Ms Dorries' house. He commented that it was "the only property which has a front door next to hers ... Her kitchen and our living room are next to each other". He added, "Ms Dorries has no carpets and so not only do we see her car pull up when she arrives and leaves, we can hear her. We can hear the sound of the water running, the kettle filling and the switch being switched on and off. We can hear almost every word if she has her daughter with her as the walls are so thin. We can also hear her walking up and down the stairs." He added, "When she does arrive at the house it is often very late at night ... When she leaves it is usually very early, well before our children leave for school. Sometimes I see her arriving early in the morning and then she leaves later in the day but she doesn't return."

72.  Neighbour 3 went on to say that it "would be absolutely true for me to say that [Ms Dorries] is hardly ever here and I hardly ever see her. If I had to put a number on it I would say I have seen her about twenty times over the last year. When she isn't going to be at the house for long periods of time she lets us know so that we can keep an eye out. She was away from the house from the beginning of July until October right the way through but we did see her during the day sometimes. She said she was coming to collect post and work in the office which she has in the house." He also said that "She often brings her dog with her and sometimes her daughter. When she comes back late at night she always gets out of the car alone." He added, "There are neighbours on the other side but they have a house in France and are away most of the time. They have only been here for about three weeks out of the last six months that I can recall."

73.  I replied to neighbour 3 on 2 February 2010.[109] I asked if he could provide me with a little more information about Ms Dorries' pattern of stays, and, if he could reliably provide it, an estimate of the number of nights which Ms Dorries had spent at the property, ideally by financial year. He replied on 17 February.[110] He said that he was the only person who could identify a pattern "as I am the only person who could see her going in and out of her front door". He said that Ms Dorries was "never here at weekends but is often there during the day on a Friday. She tends to be here mid week, often coming back late at night. She often arrives on a Monday morning with a bag but not always, sometimes it's on a Tuesday." He went on to say, "From July to October she isn't here at all at night but sometimes she is during the day. I haven't really seen her that often but when I do it is usually on a Monday morning, Friday day time or late on a weeknight."

74.  Ms Dorries had told me in her letter of 25 January[111] that her general practitioner would write to me, which he did on 26 January 2010.[112] He said that he had been the family doctor to Ms Dorries and her family since he had taken up practice in 1996 in the village where she originally had her Gloucestershire home, and that they had remained as patients of his practice there despite Ms Dorries winning her parliamentary seat in 2005. He commented, "I am of the opinion that Ms Dorries spends most of her time in this area as she simply does not want to be away ... for longer than is absolutely necessary ... I see Ms Dorries ... either in my practice or out and about on a regular basis. I can say with certainty that [the family's] lives are very much based in and around this area ..." He continued, "I cannot truthfully provide you with numbers. What I can say is that knowing what I do, it would seem very unlikely that Ms Dorries has spent the majority of her time anywhere other than in this area since 2005, as much as her job permits."

75.  I wrote to Ms Dorries on 23 February, and sent her copies of the witness evidence I had received from her neighbours, and from her GP.[113]

76.  Ms Dorries replied to my letters on 1 March.[114] As regards the evidence of neighbour 1, Ms Dorries said that she refuted all the claims that he had made in his letter. She commented, "The last time I saw [neighbour 1] was at least a year or so ago and before that I have probably seen them a handful of times over a period of two years. They fail to mention the most important fact that their house did not have any view of mine and that they could not see whether I was in or not. Neither could they hear, as the house is actually on [name of road]. With regard to the other neighbours, particularly my next door neighbour who has a clear open view of my property and sees my every move in and out, I assume he has not spoken to [name of reporter][115] and therefore his evidence can be considered as untainted, credible and honest." She said, "I have been informed that the Daily Telegraph have approached residents and 'aggressively' sought poor opinion of myself."

77.  Turning to the specific points I had raised in my letter of 9 February,[116] Ms Dorries said that the original figure she had given for constituency nights in 2006-07 had been given because she had asked her PA "to make and complete the table. She simply put the 111 nights in the wrong box." She continued, "As you can see from the earlier estimate she has slipped over the box. She completed the table from a hand-written note I gave her with the figures written in columns." Ms Dorries commented, "It was obviously an error as I did not have or claim for a house in the constituency until some way into 2007 and therefore could not possibly have claimed for 111 nights for 2006-07 as there was no constituency property to claim against." As to the figures for the number of nights she spent in London after she had acquired her constituency property, Ms Dorries commented, "I have no idea how many nights I spend in London as they are so few and far between. I mentioned 10 as a generous estimate. They may or may not be on nights I would normally stay in the constituency, I have no idea."

78.  With regard to my questions as to why her successive estimates of her pattern of nights in 2008-09 had varied so markedly, and about the apparent discrepancies in respect of the same year between her estimates and the diary evidence, Ms Dorries commented, "I have explained before that as a backbench opposition MP it is absolutely impossible for me to provide you with accurate assessment of where I stay and when using my diaries and my work commitments; however, I can provide you with a pattern which I did with the recent diary print out I sent you. Any variation in numbers which has arisen has done so via my attempt to be overly specific, which as I have said is impossible and gives rise to unnecessary confusion." She continued, "I know I always sleep at home on a Friday, Saturday and Sunday—almost always on a Thursday and often on a Monday. If it is a one line whip I will work from home, or drive to the constituency during the day, especially during term time over the last year or so to drop and collect [my daughter]."

79.  In response to my inquiry about an apparent discrepancy between Ms Dorries' diary highlights, which indicated that she had spent each night in her home in the Cotswolds in September 2008 and her blog entry of 15 May 2009 which said her daughter attended a school in her constituency from September 2008, she commented, "The journey to [name of school] from my main home was one hour and 30 minutes ... However, due to [family circumstances], [my daughter] rarely attends school more than two days per week and when she did do she would travel from the constituency house."

80.  As to my enquiry about Ms Dorries' diary highlights, she commented that these "are the nights I spent on holiday away from both my main and constituency home. I can be certain about this and therefore felt confident in identifying those nights."

81.  Ms Dorries also commented on her weblog. She said, "My blog is 70% fiction and 30% fact. It is written as a tool to enable my constituents to know me better and to reassure them of my commitment to Mid Bedfordshire. I rely heavily on poetic licence and frequently replace one place name/event/fact with another. In the light of the bullying onslaught of the Daily Telegraph I used my blog to its best effect in reassuring my constituents of my commitment to Mid Beds. My commitment is absolute and is always my first consideration regardless of where I sleep at night. However, I have always been aware that should my personal domestic arrangements become the knowledge of my political opponents, they would be able to exaggerate that to good effect. Hence the reason for my blog and my need to reassure my constituents."

82.  In response to my enquiry about whether some or all of her children and her dogs travelled with her between homes on each occasion and, if not, who looked after them when they were in her constituency home without her, Ms Dorries commented, "My dogs are looked after by myself and various family members." Finally, Ms Dorries enclosed a picture which she said was of her constituency property "as you will have seen the picture taken of the constituency home in the Daily Telegraph".[117]

83.  I replied to Ms Dorries on 3 March 2010.[118] I included with my letter a table, reproduced below, which I believed set out the best evidence that she could give me about her overnight stays, and summarised the basis on which I had compiled it.

Nadine Dorries MP: analysis of overnight stays
YearA. Nights at main home B. Nights in constituency C. Nights in London C. Nights elsewhere Totals
2005-06 (from 10 May)
279
0
31
16
326*
2006-07
208
0
112
45
365
2007-08
223
89
10
44
366
2008-09
235
97
9
24
365
2009-10 (to 25 January)
218
37
3
42
300

Note: 2005-06 figures are taken from Ms Dorries' e-mail of 8 October, modified by her letter of 25 January 2010. All other information is taken from her letter of 25 January 2010.

*Calculated from 10 May 2005, Ms Dorries' first day in Parliament (see paragraph 55 above).

I asked Ms Dorries to confirm that she was content with this. I said that I assumed that Ms Dorries' diary highlights had been mistaken in showing her spending every night in September 2008 in her main home when she had said in her letter of 1 March[119] that she had taken her daughter to school from her constituency home on two days a week. I also noted that, while Ms Dorries had identified in her letter of 1 March who looked after her dogs she had not answered my question about whether all of her children and her pets travelled with her between her two homes. In view of the allegation made against her, I asked whether her children and the dogs normally stayed at one or other home, or normally travelled with her between the two.

84.  Ms Dorries replied on 15 March.[120] She first commented again on the evidence of Neighbour 1, which she continued to refute, saying that his comments were "very untrue". She commented, "I have learnt since I wrote my last letter that there has been a period of time when [neighbour 1 and his wife] have sold and re-bought in France and that they may be stretching the facts, possibly with encouragement from [name of reporter]. They also, apparently, spent a long period of time in Portugal between October and December last year when I had assumed they must be at the house in France."

85.  In response to my specific enquiries, Ms Dorries said that she "was not mistaken" in showing that she had spent every night in her main home in September 2008. She commented, "If I am not in Parliament, I drop my daughter at school, work in the constituency house/office or the Shefford office and then collect her and go home. On the odd occasion we sleep at the constituency house in September, if I have a dinner or evening function to attend." She said that, for her daughter, staying in the constituency home "is not a comfortable experience. She would much rather we spent the hour+ driving home ... School finishes at 3.20 we are usually well home for 5."

86.  In response to my enquiry as to whether all her children and her pets travelled with her between her two homes, Ms Dorries said that her eldest daughter lived in a flat elsewhere but often travelled home to help. She said that her second daughter "has lived between home and [name of town] where she attended university since 2006 ... She is now also living in the flat at [address]." Ms Dorries added, "Neither of the older girls ... have ever 'lived' in my constituency house." Ms Dorries also said that "the dogs are usually, but not always, wherever [the youngest daughter], I, or both of us are".

87.  A fourth constituency neighbour of Ms Dorries, referred to in this memorandum as neighbour 4, wrote to me on 15 March.[121] He said that he had "a direct and clear view from my kitchen window into the kitchen window and rear access of the Member's house." He commented, "I have personally seen Nadine Dorries on a maximum of 20 occasions over the last two years. I am aware that she spends the weekends and holidays elsewhere." I replied on 16 March,[122] and asked this neighbour how reliable he considered his estimate to be; whether he considered that all or some of those occasions involved overnight stays by Ms Dorries and, if so, the basis of that conclusion; and whether he considered it possible that Ms Dorries would have been able to use the property, and stay overnight in it, without him having observed her presence there. The neighbour replied on 19 March.[123] He commented in response to my questions, "I provide this information in good faith. I am happy to confirm that my estimate of 20 days is reliable, but I am unable to specify in any great detail the length of time spent by Ms Dorries on each occasion. It could have been possible for Ms Dorries to stay at the property and for me to have not been aware, but unlikely."

88.  A fifth constituency neighbour of Ms Dorries, referred to in this memorandum as neighbour 5, wrote to me on 18 March.[124] He believed that Mrs Dorries did stay in the constituency house "on some weekday nights". He commented, "There was a change in the pattern of her being in [the town], as she was not around for long periods of time including weekends, which I think may be as a result of what I understand to be parliamentary recess." He was "confident" of the accuracy of his statement.

89.  Ms Dorries e-mailed me on 22 March with details of her new constituency home.[125] She commented that she had rented this house from 31 December 2009 because it was £2,000 per annum less expensive than her previous constituency home. She commented, "Given the attention to expenses I thought that would be a wise move." She commented that the property was "in the middle of a woodcutting yard". She also told me that she had spent "between 15-20 nights at the property since December", and that the Fees Office held a copy of the lease. Ms Dorries also said that the picture she had previously sent me with her letter of 1 March was of her current Gloucestershire home.[126] She commented that "The house sleeps six comfortably. Why anyone would think I would want to spend the majority of my nights in a house located in a woodcutters' yard and not in the Cotswolds defeats me."

90.  I wrote again to Ms Dorries on 25 March.[127] I sent her copies of the evidence submitted by neighbours 4 and 5, and told her that, in the light of what she had said in her letter of 15 March[128] about the evidence of neighbour 1, I would shortly be putting that allegation to him. Turning to the pattern of Ms Dorries' overnight stays, I told her that I would need to come to a view on the weight I could attach to the estimates she had given me. I therefore asked her about an apparent conflict between her letters of 1 March[129] and 15 March[130] in respect of her overnight stays in her constituency house in September 2008, and to explain what the actual position was in respect of the location of her overnight stays in that month. I also asked Ms Dorries about her response to me in her e-mail of 22 March[131] to the Daily Telegraph article of 19 March.[132] This article had alleged that her "main home" was a "one-bedroomed lodge-keeper's cottage in a small Cotswold village", but she had said in her e-mail that it "sleeps six comfortably". I therefore asked Ms Dorries to confirm that the photograph in the Daily Telegraph article was indeed of her Cotswold home, as the picture she had described as showing her constituency home, and which she had enclosed with her letter to me of 1 March,[133] appeared to show the same cottage. I also asked her, in view of the allegations in the Daily Telegraph to which she had referred, about the number of bedrooms, reception rooms and other facilities provided by her Cotswold property. I further asked Ms Dorries for the names and addresses of neighbours to her Cotswold home whom I could invite to give me evidence about her pattern of use of the property. Finally, I told her that, in view of the fact that I needed to resolve discrepancies in the evidence I had been given before I could complete my work on this inquiry, I would need to resume it once the new Parliament had assembled.

91.  Meanwhile, I had written on 3 March to the Department of Resources.[134] I asked the Department in particular whether it held any correspondence or records of other contacts with Ms Dorries which might be relevant to identifying the pattern of her overnight stays in her main home and elsewhere, and the decisions she had made about the designation of her main and second homes. I also asked if the Department could confirm the dates of the various designations Ms Dorries had made over this period, and let me have any supporting documentation. Finally, I asked the Department, on the basis of the evidence collected, for its view on the propriety of Ms Dorries' decision to designate her constituency properties as her second home. I also wrote again to the Department on 25 March,[135] enclosing extracts from Ms Dorries' letter of 15 March[136] and my reply,[137] and copies of the evidence of neighbour 4 and neighbour 5.[138]

92.  The Director of Strategic Projects replied to my letters of 3 and 25 March on 11 May.[139] He said that the Department had on file two nomination forms (ACA1) both signed on 30 June 2005. Both nominated a property in Gloucestershire as Ms Dorries' main home and a Westminster flat as her second home. On one form, an official had marked "8 May to 8 June" and on the other "June until further notice". The Director commented, "In fact, Ms Dorries claimed for overnight stays in hotels in London from her election until 8th June. (There were also two claims thereafter for cancelled hotel charges.) Rent and related costs on the [Westminster] property were then incurred, and were the subject of claims, from June 2005 until December 2006." The Director continued, "It is not entirely clear when Ms Dorries moved out of her Westminster property. The Department paid £9,775 rent in respect of rental for the flat from 20th June 2006 until 19th December 2006. However, we received a final electricity bill for £326, dated 22nd August 2006, which suggests that Ms Dorries moved out of the property around this time. The Department sought recovery of the cost of rental in letters to Ms Dorries of 30th January and 1st February 2007. The amount sought (£4,877) was in respect of the last three months of 2006. This amount was subsequently recalculated as £3,731 to represent the cost of rental up until the day before the first day on which she occupied hotel accommodation. An ACA payment to her in March 2007 was reduced to take account of this recalculated amount."

93.  The Director noted that Ms Dorries had referred to security issues in relation to the Westminster flat in a letter to me of 11 November 2009.[140] He commented, "We have no record of this being raised with the Department at the time, but there was no reason why a Member needed to inform the Department of the reasons for a change of address." He continued, "Ms Dorries started claiming for temporary accommodation (in the Carlton Club) and, initially, at [a hotel in central London] on 11th October 2006. (The House returned after the summer adjournment on 9th October.) On her claim form of 19th October 2006, Ms Dorries stated that her second home was now 'hotels' and the Department acknowledged this arrangement in a letter dated 26th October 2006. A nomination form signed on 7th November 2006 identified as her second home '? hotel until new flat'. Her main home remained [the first Gloucestershire address]."

94.  The Director said that a new nomination form had been submitted by Ms Dorries on 25 January 2007, changing the location of her second home to a residence in her constituency. Her main home had again remained in the first village in Gloucestershire. Ms Dorries had submitted a claim on 25 January 2007 for the first set of costs in respect of the constituency property. The Director commented, "This claim (as well as the lease) shows that she occupied the property from 1st February 2007." The Director noted that, in her letter to me of 11 November 2009,[141] Ms Dorries had said that she had occupied three different main homes in Stratford-upon-Avon (from January 2007 until January 2008; from January 2008 to January 2009; and from January 2009 to December 2009 respectively). He continued, "She also tells you in her letter of 25th January 2010[142] that the Department was fully aware of these rental properties; that she was advised that [her first address in Gloucestershire] should remain her main home until the legal situation in respect of her separation from her husband had sorted itself out; and that she informed the Department of changes of main home address in 2007 and 2008." The Director commented that the Department "did receive formal notification by a form signed on 22nd October 2007 when Ms Dorries nominated her main home as [Stratford-upon-Avon, address 2]. A handwritten note on the form stated that this was a temporary arrangement and in an e-mail to the Department of the same day she said that she was in the process of purchasing a property in [second village in Gloucestershire]. In the e-mail she also asked for correspondence to be sent to her constituency (ie second) home: the form again identified [first constituency address] as the second home." The Director continued, "We have no record of having received any formal notification in respect either of [Stratford-upon-Avon, address 1] or [Stratford-upon-Avon, address 3]."

95.  The Director said that it was "entirely possible" that Ms Dorries was advised soon after her separation from her husband that she did not need to change the designation of her main home until the situation had sorted itself out. However, he commented, "This does mean that there may have been a period when [her first address in Gloucestershire] was her formally designated main home but she was not, as a matter of fact, living there. The Department always tried to show some flexibility when Members encountered personal difficulties, especially when (as in this case) the issue in question was the designation of a main home, in respect of which no claim could be made under ACA. However, this would have only been regarded as a strictly temporary measure, and, as I explain later, the Department was concerned to regularise matters by October 2007 at the latest." The Director added that it was "entirely acceptable" for a main home to be rented.

96.  The Director said that a further nomination form had been submitted by Ms Dorries on 29 December 2009. He said that this confirmed that her second address in Gloucestershire had become her main home, and also identified a new additional home in her constituency. He also said that Ms Dorries had asked that "all written correspondence should be addressed to her constituency home as her personal office was situated there". The Director said that one PAAE claim had been submitted by Ms Dorries in respect of her new additional home in her constituency, on 6 April 2010. The Director said that this was for six months rental for the property from 1 April to 30 September 2010. He added that rental on the previous additional home had been paid by the Department up to 31 March 2010.

97.  The Director said that the Department also had information about Ms Dorries' travel claims. He commented that the information in respect of rail journeys "should be treated as less certain than that in respect of motor mileage: we cannot say with absolute certainty what each journey was, but we can deduce this information from the price of the journey, the location of purchase and the rail company used." He said that Ms Dorries was entitled to claim for journeys between Westminster and her constituency, between Westminster and her main home, and between her main home and her constituency. He continued, "Between May 2005 and January 2007, Ms Dorries appears frequently to have used her travel allowances for journeys between Westminster and her main home, and between her main home and her constituency. From April 2006 to February 2007, she made no claims for journeys between Westminster and her constituency. No claim in respect of a journey to her main home [either in the first village in Gloucestershire or in Stratford-upon-Avon or in the second village in Gloucestershire] has been made since 7th February 2007. After this date, all journeys claimed by Ms Dorries (by both rail and car) appear to have been from Westminster to her constituency. Ms Dorries indicated to the Department that she would drive to Parliament and return to [her constituency address] during parliamentary sittings."

98.  Turning to my specific questions, the Director said that the Department had "some evidence" in respect of Ms Dorries' communications with the Department. He continued, "We have on file a letter from her, dated 28th February 2007, in which she stated that [her first address in Gloucestershire] would continue to be her main residence and that she would 'continue to commute by train from [name of station] to London, should I return to my main home during mid week'. In addition to this letter, the Department has copies of e-mails and other notes from October 2007. From these it appears that the Department pressed Ms Dorries to submit ACA1 forms on 16th, 22nd and 24th October 2007. Ms Dorries was also told on 22nd October of the Department's concern that mail sent to her main home was being returned marked 'addressee unknown'. This resulted in the submission of a new designation form that day. The file note records surprise that the main home designation on the form was marked as 'temporary'. A conversation from 25th October is recorded in which Ms Dorries confirmed that the temporary main home was her former husband and daughters' family home until a new property was finalised." The Director said that the activity in October 2007 "seems to have been caused by a dispute between Ms Dorries and the Department about the refund of a deposit Ms Dorries had paid in respect of [first constituency address], as well as the return of a deposit in respect of the [Westminster] property."

99.  The Director continued, "I have no reason to doubt that Ms Dorries had a number of other conversations with departmental staff which have not been recorded. There is, however, nothing on file to suggest that any specific correspondence or discussion was entered into regarding Ms Dorries's various designations, or that there was any doubt about where the main and additional homes were located." He noted that Ms Dorries had e-mailed the Department on 18th October 2007 to express her concern that the Department "appears continually to misplace my forms". The Director pointed out that the Department "holds no records on, and sought no information about, where Members spent their time". He continued, "Up until January 2007, Ms Dorries was claiming regularly for travel to [her first Gloucestershire address], and we can therefore say from the evidence which we have that there is corroboration that this was her main home. From February 2007, we do not have travel claims which would provide this corroboration. However, she may well have chosen not to claim for travel to her main home after this date. The Department would not therefore have questioned the main home designation because travel claims to it had ceased."

100.  The Director said that the information which Ms Dorries had given me about her pattern of overnight stays (as set out in the Table which I had sent him[143]) gave him "no reason" to query her designations of main and additional homes, other than the points made below. The Director's first point was that "Ms Dorries's estimate that she spent only 31 nights in London during 2005-06—a period when the House sat on 133 days—may seem surprising. Since 11 of these nights were spent in hotels, then, if Ms Dorries' estimate is correct, there could be a question about the value for money of the rental of a flat for around £12,000 for 20 nights' usage." The Director commented, "However, Ms Dorries has pointed out in her letter to you of 25th January that she had caring responsibilities which often led to her making late journeys from Westminster to her main home.[144] There are sometimes extenuating circumstances which mean that second home accommodation cannot be occupied for periods when the Member remains obliged to continue rental or mortgage payments. This would apply to circumstances in the Member's personal life (such as the chronic illness of a close relative) which mean that it is not practical or opportune to occupy the accommodation for a period." The Director's second point was that he was "not entirely clear about the 112 nights in London in 2006-07 identified in the table which you sent to Ms Dorries and referred to your letter to her of 9th February and her reply of lst March (in these, referred to as 111 nights)". The Director commented, "I assume from her letter that these are the nights in respect of which claims were made (ie those spent either at the [Westminster] flat, or at hotels or the Carlton Club, or in the constituency property after it had been acquired). If this is not the case, then Ms Dorries would have been claiming for a constituency property for two months (February and March 2007) without occupying it."

101.  The Director said that he offered no comment on the evidence which I had received from third parties about Ms Dorries' patterns of residence. He attached to his letter a spreadsheet[145] which gave a summary of the designations of Ms Dorries' main and additional homes as well as a full breakdown of her ACA/PAAE costs; and a monthly summary of travel claims. The Director commented, "We are not able to break down the figures before March 2006 by month. Please note my caveat about rail journeys above." He also offered me copies of Ms Dorries' signed ACA1 nomination forms.

102.  I replied to the Director on 13 May.[146] I sent him a schedule[147] I had prepared on the basis of his letter showing Ms Dorries' formal designation of her homes from May 2005 onwards, and asked him to confirm that the summary of the evidence from the ACA1 nomination forms was accurate. I also asked him for copies of the Department's records of Ms Dorries' communications with it in 2007, as referred to in his letter, and of Ms Dorries' ACA1 nomination forms from January 2007 onwards.

103.  The Director replied on 17 May.[148] He confirmed the accuracy of my schedule, whilst noting that the Department was unable to say whether or not Ms Dorries' use of her Westminster flat in 2006 overlapped with her hotel use. He commented, "What we know is that rental for the flat was claimed for the second six months of 2006; that she used hotels from 11th October that year; and that she repaid the rental from the time she occupied hotels. We do not know whether she still used the flat after she began to stay in hotels." He also enclosed the documents I had requested.[149] These confirmed what the Director had said in his letters.

104.  The documents supplied by the Director included copies of ACA1 and PAAE1 forms, which confirmed the various designations Ms Dorries had made in respect of her main and second homes. They also included copies of correspondence about ACA claims which pre-dated Ms Dorries' first constituency property rental, the submission of the rental agreement for that property, difficulties over reimbursement for the initial rent and deposit, and Ms Dorries' main home designation. They also included a record of fourteen contacts in October 2007 in respect of ACA matters between the Department and Ms Dorries or someone acting on her behalf.

105.  Ms Dorries replied to my letter of 25 March[150] on 16 May, after the new Parliament had assembled.[151] In response to my enquiry about where she spent her nights in September 2008, Ms Dorries said that her daughter returned to school in September and then left for a school trip. She commented, "In September, Parliament is in recess, I do not work any late nights and so I travel from home to school and back again ... The fact is that I cannot be absolutely 100% accurate about any night, only my pattern of nights. We may have spent the odd night in September [in the constituency] over the last few years, however, I raise that as a possibility because I cannot be specific." She continued, "We spend weekends, usually from Thursday night and parliamentary recess at home and sleep in the constituency house when Parliament sits. Sometimes, [my youngest daughter] isn't with me at all when I am working and staying in the constituency. I usually arrive back on a Monday and Tuesday after midnight and leave very early the following morning."

106.  In respect of my request for the addresses of neighbours in the second Gloucestershire village, Ms Dorries commented, "As you are aware, I moved into [the second Gloucestershire address] well after the submission of this complaint." She described her neighbours' use of their properties.

107.  As to Ms Dorries' accommodation in the constituency, she said that her current accommodation was "temporary until I take possession of a flat in order to comply with the new IPSA guidelines. When the appointment of IPSA was announced, I asked the landlord for a less expensive property than the mid terrace I rented [at the first constituency address]. The farmhouse is £2,000 less p.a. than [the first constituency address] for a number of reasons, not least because it is in the middle of a working woodcutting yard." Ms Dorries said that a fire door had been fitted "to block off part of the internal accommodation to cut down on the heating cost". She said that her current Gloucestershire home was built on a hill and was on three levels. She provided details of her use of the accommodation. Finally, she commented, "I have emphasised a number of times the pattern of how I divide my time between home and the constituency. I have tried to be as honest as possible which has sometimes tied me in knots as I have also attempted to answer specific questions, which is almost impossible."

108.  I replied to Ms Dorries on 18 May.[152] First, I asked her to confirm my assumption, based on what she had told me, that she had spent almost all her nights in September 2008 in her main home in Stratford-upon-Avon, although she might have spent the "odd night" in her constituency home. Second, I said that I took it that the property shown in the Daily Telegraph photograph of 19 March was in fact of her current home in Gloucestershire, and assumed that her estimate that it "sleeps six comfortably" was achieved by using various rooms currently used for other purposes. However, I added that, as she had said, I understood that she had moved into this property in September 2009, after the period covered by my inquiry, and that I would not, therefore, be pursuing further her use of this property. I also asked Ms Dorries for details of neighbours or others who could provide me with witness evidence of her pattern of overnight stays in her previous Cotswold homes, namely, on the basis of her letter to me of 11 November 2009[153] the three properties she had successively occupied in Stratford-upon-Avon from January 2007 until she had moved to her second Gloucestershire home.[154]

109.  I wrote again to Ms Dorries on 19 May, in the light of the comments and other material provided by the Department of Resources.[155] I also attached a schedule in which I summarised the information the Director of Strategic Projects had provided about Ms Dorries' main and second homes.[156] I set out in the letter some conclusions that might be drawn from this information, and some points on which I would need to come to a view, namely whether Ms Dorries should have notified the Department of the changes in each of her successive main homes when she moved from one to the other, and the timing of the designations. I asked Ms Dorries whether she accepted my summary of the evidence set out in the schedule and to let me know why (despite receiving reminders in October 2007 that she had to lodge forms with the Department) she had not ensured that the Department had fresh and up-to-date ACA1 designation forms each time she had moved her main home between January 2007 and December 2009.

110.  I asked Ms Dorries if she accepted the suggestion of the Director of Strategic Resources that she might not have spent any nights in 2006-07 in the constituency property on which she had claimed rent from 1 February 2007. I also asked her, if so, why she had considered that it was acceptable to claim from February 2007 for a property which she was not to use overnight until two months later. I also asked Ms Dorries, on the basis of the pattern of her travel claims as set out in the Director's letter, why since February 2007 she had apparently claimed for journeys to her constituency but not to and from her successive main homes, given her evidence that she had spent over 200 nights in her successive main homes in each financial year since April 2007. Finally, I told Ms Dorries that I did not propose to ask her specifically about the rental of her Westminster flat in 2005-06 or about her travel claims between April 2006 and January 2007, since these did not relate to the period covered by the complaint I was inquiring into.

111.  Ms Dorries replied to my letters of 18 and 19 May by e-mail on 25 May.[157] As to neighbours in proximity to the Stratford-upon-Avon properties, Ms Dorries said that, because she only expected to be in each property for a short period of time, she "didn't particularly get to know the neighbours and besides, most of our family infrastructure remained in [the first Gloucestershire village]." However, she told me that, when in Westminster, she did use "the services of a neighbour who I got to know through church to help transport the girls backwards and forwards to [the first Gloucestershire village] if they were stuck when I was away." Ms Dorries gave me contact details for this person in Stratford-upon-Avon, referred to in this memorandum as her Cotswold neighbour.

112.  With regard to the other points I had raised in my letter of 19 May,[158] Ms Dorries said that the same answer applied to each point. She said that, when she left the marital home, she believed "it would be a very temporary arrangement" and they "would move back in". However, she said that this did not happen, and she had explained this to an official in the Fees Office. She commented, "Each week we thought we would be moving back to our own home. When it became apparent that this was not going to happen, we planned to move into [her second Gloucestershire address]. Unfortunately ... our situation in rented homes lasted much, much, longer than we had anticipated. At the time I was dealing with the ... massive upheaval to our lives. ... I was also having to cope with the demands of becoming a new MP and working 90 hours per week in Westminster and Bedfordshire ... In addition to this I had to cope with the demands and needs of 80,000 constituents—700 local party members—54 local councillors and local party executive and officers who all wanted time with their new MP." She continued, "I launched a two and a half year campaign to lower the upper limit at which abortion takes place which took over almost every single day of my life. I was one of the four MPs mentioned in the No 10 Smeargate e-mails ... which resulted in an extraordinary amount of invasive media attention, adding more stress to what was already a very tense and difficult situation."

113.  Ms Dorries commented, "I am afraid that the administrative requirement of providing the right details on the right day pre expenses fiasco may have become a bit lost in all of this and in terms of priorities, was very definitely not on the top of the list. This is hardly surprising ... The fact remains however, that although I may have provided anticipatory answers given with the knowledge of what I thought/hoped was about to happen at the time, I did maintain a main home for my daughters at the addresses given until the point whereby my ... situation ... allowed us to move to a permanent address in [second Gloucestershire village]."

114.  As to my enquiry about the use she had made of her constituency house immediately after renting it, Ms Dorries said, "I did not think it was 'acceptable' to rent a constituency house for two months and not use it. I also did not think it was acceptable to sleep on the floor." She continued, "The constituency house was completely unfurnished and without carpets or curtains. It had no cooker or fire. I am afraid that ... finding the money to provide a bed, curtains, bedding, kettle, cooker etc took some time. I arranged for some things to arrive from home, chest of drawers, desk, dishes etc but that took organising and time. I was working flat out. Unlike most MPs, I do not have a wife to organise things for me, I have to do it myself. I had also paid for the deposit on the house with my own money ... I did not furnish the house from the 'John Lewis list' for the same reason I did not buy a house using the ACA. The same principle applied. How could I give a bed back to the taxpayer?" Ms Dorries went on, "Once I had a bed, desk, curtains etc I was able to sleep over. Given all that was happening at the time, I think I did amazingly well to have got it organised in the time I did. I think two months is a reasonable amount of time, given my workload and financial circumstances to have furnished a house to a standard comfortable enough to sleep in."

115.  Ms Dorries said that the travel arrangements from home to constituency and Westminster "provided me with a problem". She commented, "I was presented with a difficult tax bill which I could not pay as a result of having claimed travel from home to the constituency. However, I was advised that once I rented a house in the constituency, as opposed to Westminster, that I was no longer entitled to claim for travel from my main home."[159] She continued, "This suited me at the time because I did not want political opponents to be able to use my travel pattern against me. Establishing a house in the constituency and regularising my travel from Mid Beds to London seemed an acceptable measure to put in place."

116.  I replied to Ms Dorries on 27 May.[160] I told her that I assumed from the fact that she had not commented on the two matters I had raised in my letter of 18 May[161] that the assumptions I made, about where she had spent her nights in September 2008 and the accommodation in her current home in Gloucestershire, were accurate. I also said that I assumed that she had annual rental agreements for each of the three properties she had occupied in Stratford-upon Avon, and asked her to let me know if she did not.

117.  On 27 May, I also wrote to Ms Dorries' Cotswold neighbour.[162] I outlined the evidence Ms Dorries had given me about where she had lived from January 2007 in Stratford-upon-Avon, her normal pattern of occupation of these homes, and the arrangements she had made for her children and family pets, and the assistance she had received from him. I asked him to confirm as far as he was able the description Ms Dorries had given me of her homes in Stratford-upon-Avon and, in particular, her general pattern of overnight stays there; the use of the property by her daughters and the help he had been able to give her in terms of transport for her children where necessary.

118.  The Cotswold neighbour replied on 11 June.[163] He confirmed that he used to help Ms Dorries when she was away. He said that he "ran the girls about and if she left the dogs behind I would walk them during the day. I would put the bins back on Tuesday and I helped her move each time until she got into the house in [second village in Gloucestershire]." He also said that Ms Dorries "used to ring me when she was moving, usually on a Monday morning but sometimes on a Tuesday. She would ring me when she got back, usually on a Thursday night but sometimes on a Wednesday. I never did anything over the weekend or during school holidays. In the summer she did not need me until October." He added, "All the girls had things in the house but I know that the two older girls have lived in a flat in [city] for a few years now. [The youngest daughter] ... would stay behind as often as possible."

119.  I wrote to Ms Dorries on 14 June, enclosing a copy of the evidence given by her Cotswold neighbour.[164] I asked her, in the light of this evidence and her own, to confirm the normal pattern of her overnight stays in her Stratford-upon-Avon homes between 2007 and 2009 and, in particular whether, as her neighbour's evidence suggested, she usually left earlier after the weekend than she had suggested, but had returned earlier in the week.

120.  Ms Dorries replied on 15 June.[165] She said that this neighbour had worked for her for three days per week "sometimes Monday to Wednesday and at other times Tuesday to Thursday." As to her pattern of nights, Ms Dorries commented, "My work in Parliament is from Monday until the last vote on a Thursday night at 6.30pm. If I do come home on a Thursday night, I am still back in the constituency on a Friday morning for my surgeries etc. I also use the constituency house as an office. My pattern has been and still is the same. I spend my weekends and recess at home and I spend the nights Parliament sits in my constituency, although not every night Parliament sits, as I have previously explained. There has been the odd occasion on a one line whip Monday when I have worked from home and travelled down on a Tuesday morning, however, I usually travel down on a Monday." Ms Dorries also commented further about neighbour 1 in her constituency. She said that "they have hardly been at the house since January. As I have previously stated, they live in France for half of the year." I replied to Ms Dorries on 16 June,[166] and said that I had noted that she believed that she had spent slightly fewer nights in her Stratford-upon-Avon home when Parliament was sitting than her Cotswold neighbour had suggested.

121.  Meanwhile, on 18 May after the new Parliament had assembled and I had resumed my inquiries, I also wrote once again to neighbour 1 in the constituency, in the light of Ms Dorries' comments on his evidence,[167] to show him those comments.[168] He replied on 9 June.[169] He said that he was "amazed and astonished" by what he described as the "alarming inaccuracies" of the comments made by Ms Dorries. He said that the "reference to not seeing us more than a handful of times during the course of a two year period is totally incorrect. She may not have actually engaged in conversation more than a handful of times but she most certainly saw us and we saw her on numerous occasions either outside her front door, by her car or in her courtyard which adjoined ours." He described her comment about his house not having any view of hers as "unbelievable". He commented, "As you will see from the enclosed plan and photos,[170] the properties are terraced Georgian houses. Her front door was immediately next to our kitchen window and therefore we could not only see her coming and going but, because of the nature in which she and her family noisily closed the front door at all times of the day and night we could also hear them in both our kitchen and our bedroom which is above the kitchen." He continued, "[Ms Dorries'] bedroom at the rear of her property directly overlooked our front door and courtyard and therefore we were always aware when she was in residence ... From our courtyard we could also see into her dining room. [Address] is in fact our studio with a guest bedroom and bathroom above. [Ms Dorries'] master bedroom and bathroom adjoined this and in fact her en suite bathroom was above the studio and due to very poor sound proofing, we could hear whenever she or her family used the bathroom." The neighbour also said that Ms Dorries' comments regarding their French home were "totally incorrect. We have only ever owned the one small property which, as stated in our previous letter, we purchased at the end of 2008." He also said that she was incorrect in having stated[171] that they had spent a long period of time in Portugal between October and December 2009. He commented, "We did in fact go to Portugal for one week from 1 to 8 October for our honeymoon! From 8 October to just before Christmas (11 weeks to be precise) we were in constant residence in [name of town in constituency]."

122.  I replied to neighbour 1 on 15 June.[172] In view of the comments previously made by Ms Dorries,[173] one of which was a suggestion that he was "stretching the facts" possibly with the encouragement of a journalist from the Daily Telegraph, I asked him specifically whether the terms of his evidence in relation to his French home, or in relation to the main evidence he had sent me on 22 January,[174] had been influenced or otherwise affected by anyone else. The neighbour replied on 24 June.[175] He said he could "quite categorically" assure me that none of his comments had been influenced by any other person. He commented, "The information I have given you is most certainly not 'stretching the facts' as suggested by Ms Dorries! The information I have given you with regard to our French property and the time spent there is totally accurate."

123.  In view of the evidence given by neighbour 1, I wrote again to Ms Dorries on 1 July.[176] I said that he had taken issue with a number of points she had made about him and his evidence, and invited her to let me have any comments she might want to make on his response. I added that, subject to her response, I would then need to decide, in fairness, whether I needed to show him her comments.

124.  Meanwhile, having reviewed all the evidence which she and other witnesses had given me during my inquiries into this complaint, I had written to Ms Dorries once again on 28 June.[177] I told her that the purpose of my letter was to ensure that I had consistent evidence in relation to the identification of her main home, and in particular to her overnight stays, and to ask for her help in reconciling the evidence I had received. To help achieve this, I enclosed with my letter a paper[178] which included the successive estimates she had given me as to her overnight stays for 2006-07, 2007-08, 2008-09 and the 2009-10 financial year to 25 January 2010,[179] and the successive patterns she had also given for these.[180] It also included a table setting out, in the light of the pattern of sittings of the House, an approximate number of nights that Ms Dorries might as a result have been expected to have spent in her constituency home.[181] The paper also compared the evidence she had given with that of other witnesses.

125.  I asked Ms Dorries to let me have a response to each of the four specific matters I had identified at the end of the paper. These were whether the Daily Telegraph report of 26 June 2009[182] was an accurate report of statements she had made and, if so, why she had spoken as she did; why her estimates of her overnight stays had changed from July 2009 to January 2010; whether she considered that the pattern of her overnight stays which she had given me on 25 January 2010, 1 March 2010 and 15 June 2010 was sufficiently consistent with the statistics she had given me in her letter of 25 January 2010 that, subject to her answer to the following point and to confirming that her constituency home was not available to her in 2006-07 because she could not find the time to furnish it immediately, those figures should be accepted as the best assessments she could make of her overnight stays in each of the relevant years; and why the number of nights she had said on 25 January 2010 that she had spent in her constituency home in 2009-10 was much smaller than the number predicted from her pattern of use of that home and the sittings pattern of the House.

126.  I wrote again to Ms Dorries on 7 July[183] to send her a revised version of the paper I had sent her on 28 June. This revised version corrected the omission in the original version of a reference to the evidence of one of her constituency neighbours,[184] and also updated the evidence in the summary in a number of respects.

127.  Ms Dorries replied to my letters of 28 June[185] and 1 July[186] on 6 July.[187] Dealing first with the four specific questions I had asked in my letter of 28 June, Ms Dorries said that she did admit to the Daily Telegraph that she spent spare weekends and holidays away from her second home. She commented, "All of my weekends are 'spare' as Parliament does not sit at weekends. Therefore the statement concurs with the evidence I have given you which states that I spend week nights when Parliament is sitting at my constituency home and weekends and recess at my main home." As to why her estimates changed from July 2009 to January 2010, Ms Dorries commented that this was "because you were asking me to be specific and I could not be so. I realised it was more accurate to provide you with my pattern than attempt to identify individual nights and then discover that I had got one wrong. I was an opposition backbencher, not a minister. I depended on and was hostage to the diaries of other family members to provide you with the specifics you required which I realised was not absolute, or appropriate." Ms Dorries reiterated her statement that she did not have a constituency home in 2006. She continued, "From recollection, I believe I rented the house in April 2007 and then moved in a few months later once I had furniture, cooker etc as I am sure my expenses show". She added, "You have my statement and my pattern of nights. You have evidence from I believe a fair number of neighbours in addition to my own. I have nothing else to add other than on occasion, I randomly needed to go back home for domestic reasons, however, I cannot accurately say when or how often that was."

128.  Turning to the evidence given by neighbour 1 in her constituency, Ms Dorries pointed out that he had clearly stated in his letter of 22 January[188] that he had met a named Daily Telegraph journalist and in his letter of 18 February[189] that he had been approached by the Daily Telegraph. She questioned whether, if he had not been approached, the neighbour would have written to me. Ms Dorries commented, "He clearly states that he was approached by the Telegraph, not the other way around. So how do we know he wasn't paid by the Telegraph? Therefore, I believe the evidence of [neighbour 1] to have been interfered with and influenced". She added, "Frankly, given the Daily Telegraph reporting of the expenses issue, it is impossible for him not to have been, payment, direct influence, or not". Ms Dorries also said, "[Neighbour 1] also states ... that he does not want to be a witness. No other witness states this. I believe that is because [neighbour 1] is comfortable with telling [untruths] to you in a letter, but is afraid that he may formally have to give such evidence and be challenged."

129.  Ms Dorries went on to say, "I am not going to respond in detail to his points raised not least because [neighbour 1] had a row of trees in front of the window to my house in order to deliberately obstruct the view from his property into mine ... In addition to this, I never used the dining room other than very early in the morning, long before my neighbours were up, or late at night when most are in bed. The window he points to on the main road and describes as [his] kitchen window has a large table in front of it, they can only see who walks past their window as they can't stand up to it." She also doubted that the neighbour could know where in the house she slept, as the curtains were almost always drawn and she usually left before it was light. Ms Dorries also maintained that this neighbour "did buy a house in France in 2008. To replace the house he sold in 2007."

130.  Ms Dorries continued, "I am strongly opposed to the evidence of someone who states that they do not want to be a witness and admits to having been visited and approached by the Daily Telegraph being considered. I am aware that it is impossible for you to reasonably believe [neighbour 1] and disregard the consistent information provided by others and you may think I am over reacting to the evidence sent by [neighbour 1], however, that is not the point. I strongly object to lies being given any consideration whatsoever. As an MP, all I have to offer my constituents on whose behalf I work tirelessly when they come to see me about serious issues is my reputation. It is everything. Nothing else is as important."

131.  I replied to Ms Dorries on 8 July.[190] On Ms Dorries' first point in respect of where she spent her weekends, I drew her attention to some statements from her blog, in which she said that she spent the majority of weekends in the constituency as her job tended to be seven days a week, and to her maiden speech in May 2005, where she had referred to her constituency as her home.[191] I invited her to add or clarify anything in relation to these or any other statements on her blog. I also reminded her that she had not confirmed for me whether the figures she had given me in her letter of 25 January should be accepted as the best numerical assessments she could make of her overnight stays in each of the relevant years. In relation to her statement that she had rented the house in her constituency in April 2007, I pointed to the discrepancy with the evidence of the Department of Resources on this point, which suggested that Ms Dorries rented the property from 1 February 2007 but did not occupy it until April 2007.[192] As it was important for me to get these dates right, I asked Ms Dorries either to confirm the timings she had given or provide evidence to suggest they needed revising. I also noted that Ms Dorries had not offered me an answer to my final question as to why the estimate she had given me on 25 January 2010 of the number of nights she had spent in her constituency home in 2009-10 was much smaller than the number which might be predicted from her pattern of use of that home and the sitting patterns of the House. I also said that, in view of her comments about the evidence from neighbour 1 in her constituency, I would need to put her response to him.

132.  Ms Dorries replied on 12 July.[193] With regard to her maiden speech, she commented, "My maiden speech was made in June 2005. I took a constituency house in 2007. However, as I stated on another occasion, my second home may only be a second home, however, it is a home. It would be pretty odd to describe somewhere as 'a place I now call my second home' even if I had been living there at the time I made the speech. Mid Bedfordshire is, metaphorically speaking, one of my homes." With regard to her blog, Ms Dorries commented, "I often made comments on my blog in order to deliberately give the impression that I lived in the constituency. Because I didn't in fact live in the constituency, I probably went over the top. I was always very worried about people finding out that I lived in the Cotswolds and deliberately put up smoke and mirrors to prevent this happening ... I also mention in the blog that I was not going to disclose where I lived. This was also part of my intention to conceal my main home." Ms Dorries continued, "In the blog, I state I am in the constituency at weekends. I often am. That does not mean I sleep there." She added, "My predecessor visited Mid Bedfordshire about once every two months, it was an issue of much consternation with many members of my association. My comments were to reassure them of my personal commitment to Mid Beds. It was my attempt to retain some degree of a private life."

133.  Turning to the evidence of her Cotswold neighbour,[194] and the difference between her Cotswold neighbour's view of her movements and her own to which I had drawn her attention, Ms Dorries commented that he "worked for me for three days a week. I doubt he kept a diary. I think that both his and my estimates are more or less accurate, I was away most week nights when Parliament sat. Neither of us can be specific."

134.  Ms Dorries accepted that the quote I had taken from her blog[195] "was the most accurate and substantiates my position". She objected to my further consultation of neighbour 1 in the constituency. She reiterated her view that, having been approached by a Daily Telegraph journalist to write to me, the neighbour's evidence must have been influenced. She commented, "it could not [but] have been". She also reiterated that, to her knowledge, no evidence from any other neighbour concurred with it, that he did not wish to be a witness, and that he "lives in France for most of the year". She commented, "I feel very strongly about this. The question, with regard to whether he was paid is also relevant, a point [neighbour 1] is unlikely to confirm. The Daily Telegraph would not have had a story if they hadn't persuaded him to write you. I understand the principle in law that if a journalist is in pursuit of the truth then exceptions apply; however, I do not believe that this applies if the story is printed in advance of a case being heard."

135.  Ms Dorries said that she had checked her dates and claims and "it was April 2007 when I began to use the constituency house, or thereabouts. I can't remember exactly to the day how long it took me to get a bed, cooker etc in, however, it was around eight weeks." Finally, with regard to the 2009-10 estimate she had sent me on 25 January,[196] Ms Dorries commented that "the normal approximate pattern would apply. However, later in 2009, I had an additional problem with regard to my [family circumstances] and had to travel back home ... The autumn of 2009 was unusual."

136.  I replied to Ms Dorries on 13 July.[197] I reminded her that she had not yet confirmed that the figures she had given me in her letter of 25 January[198] were the best numerical assessment she could make of the figures for her overnight stays. Finally, I said that I would need to form my own view as to the weight to be attached to the evidence given by neighbour 1, taking into account that evidence, her comments on it, and any other relevant evidence.

137.  I had written again to neighbour 1 on 8 July.[199] I enclosed a summary of Ms Dorries' comments on his evidence, which had been set out in her letter to me of 6 July.[200] I said that, in the light of Ms Dorries' comments, I thought that in fairness I should show these to him in case he wished to comment further. I sent him on 13 July an extract from Ms Dorries' comments in her letter of the same date.[201]

138.  The neighbour replied on 20 July.[202] He said that, following the articles in the Daily Telegraph concerning Ms Dorries' claims regarding her constituency home, he had telephoned the newspaper and spoke to the Political Editorial Department. He commented, "This initial contact was purely to ascertain who we should write to within the Government to express our deep concerns. This telephone call prompted a request from the Daily Telegraph to meet with [name of reporter],[203] as a result of which he recommended that we write to yourself." He continued, "I can categorically claim that at no point were we 'influenced' by the Daily Telegraph nor has any of our evidence been 'interfered' with as suggested by Nadine Dorries. Furthermore, there was and never has been any suggestion of payment of any kind."

139.  In response to Ms Dorries' comments regarding whether or not he and his wife could either hear or see her when in residence, the neighbour said, "... I feel I have already made it quite clear in previous correspondence that we could very clearly see and most of all hear her, her family and her dogs." He also said that the reference to his house in France and the replacement of a house sold in 2007 was "incorrect and in my view totally irrelevant. The further reference to living in France is also irrelevant. Ms Dorries moved into [first constituency address] in February 2007—18 months before we purchased our house in France." The neighbour added, "I resent very strongly the continued accusations by Ms Dorries that I was encouraged or persuaded by the Daily Telegraph to write to you. To the best of my knowledge my comments to you have not been printed in the Daily Telegraph. The only reference to which I am aware was on 23 January which stated 'expenses for the second home that she was living in almost all the time according to evidence some of her neighbours are preparing to submit to a parliamentary investigation'."[204] Finally, the neighbour said that, contrary to the statement he had made in his letter of 18 February,[205] "as a direct result of the latest comments and reference to 'lies' by Ms Dorries" he was now prepared to be a witness in the inquiry.

140.  I wrote again to Ms Dorries on 22 July.[206] I enclosed the latest evidence from constituency neighbour 1 and invited her in the light of it to make any additional factual points she wished. I also reiterated that I would obviously need to weigh his evidence against her evidence and that of other witnesses when I came to prepare my conclusions to this inquiry.

141.  Ms Dorries replied on 27 July.[207] She commented, "The only response I can give you with regard to your question regarding my overnight stays is as I have maintained throughout. When Parliament is sitting I spend the weeknights in my constituency home. I spend weekends and recess at home ... My pattern is not absolute or always the same. I am not prepared to give you any absolute figure in terms of numbers regarding where I sleep as I cannot be 100% certain that it would be truthful to do so ... I think I have almost jumped through hoops in order to provide you with absolutes and I am afraid that I have to say given that you know and are aware of my pattern it is wrong of you to try and persuade me confirm a definite number. I do realise that it would make life much easier for me to do this, however, it is not right to do so unless I am completely sure."

142.  With regard to neighbour 1 in her constituency, Ms Dorries commented, "he states in his first letter that he could see me through the dining room window. When the large hedge is pointed out [he] changes this to the fact that he could hear me."

143.  I replied to Ms Dorries on 29 July.[208] I noted her comments about the pattern of her overnight stays, and her unwillingness to give me any absolute figure in terms of where she had spent her nights, but pointed out that I had not asked her for an absolute figure. I said that, since I had first written to her I had asked her on a number of occasions for an estimate—and no more than an estimate—of the number of nights she had spent in her main home, and had done so because the number of nights spent in the property was at the time the principal qualifying test for the definition of a main home. I told Ms Dorries that I would record the estimates for her overnight stays which she had given me in her letter of 27 July 2009,[209] in her e-mails of 4 August and 8 October 2009[210] and in her letter of 25 January 2010.[211] I also said that I would note that Ms Dorries could not give me an absolute figure and would prefer me to rely on how she had divided her time and on the pattern of her overnight stays. In that context, I said that, unless she told me otherwise, I would assume that this was the pattern which she had given me in her letter of 15 June 2010,[212] and would reflect this pattern in my report. I added that I would also note that she had given me an earlier version in her letter of 1 March 2010,[213] and would need to assume also that her pattern had remained largely unchanged throughout the period in question.

Findings of Fact

144.  Ms Dorries first rented a property in her constituency in 1 February 2007. She occupied it from April 2007, and continued to do so until December 2009, when she moved to another property in the constituency. Ms Dorries evidence is that she could not occupy the first property immediately because she needed to furnish it. Ms Dorries claimed against both the ACA and its successor, PAAE, in respect of these properties.

145.  Ms Dorries also had a property in Gloucestershire until January 2007, when she separated from her husband. Thereafter, her evidence is that she successively occupied three rented properties in Stratford-upon-Avon, each for a year at a time, from January 2007. She purchased a property in another village in Gloucestershire in September 2009. The first of the Stratford properties had been rented by her husband for her daughters and herself. Ms Dorries' evidence is that she regarded each of these properties in turn as her main home. Her evidence is that she informed the Department of Resources of changes to her main home in 2007 and 2008. And she notified the Department in December 2009 that the second Gloucestershire property had become her main home. Ms Dorries' evidence is that she acted throughout on very clear instructions from the Fees Office. In particular, she says that she was advised by the Department to maintain her nomination of her first Gloucestershire property as her main home until she knew where her new permanent main home was going to be, and that it had taken much longer than originally expected for her to make permanent arrangements. It was two years and nine months between her leaving her first Gloucestershire home and buying and moving into the second Gloucestershire home.

146.  According to the records of the Department of Resources, Ms Dorries had nominated the first Gloucestershire property as her main home in June 2005. In October 2007, she changed her nomination to a property in Stratford-upon-Avon (Stratford-upon-Avon, address 2) which, according to her own evidence, she did not in fact occupy until January 2008. This change of nomination followed pressure from the Department as mail addressed to her nominated main home (the first Gloucestershire property) was being returned marked "addressee unknown". The Department has no record of the preceding Stratford-upon-Avon property, or the successor property, ever being nominated by Ms Dorries as her main home. In December 2009, Ms Dorries changed her main home nomination to the property in Gloucestershire, three months after she had moved into it. The Department accepts that it is entirely possible that Ms Dorries was advised soon after her separation from her husband that she did not need to change the designation of her main home until her situation had sorted itself out. It also accepts that this means that there may have been a period when Ms Dorries was not, as a matter of fact, living at her designated main residence. But the Department's evidence is that it would have regarded this as a strictly temporary measure, and it was concerned to regularise matters by October 2007 at the latest.

147.  Ms Dorries is adamant that she cannot provide a precise breakdown of where she spends her nights, because she does not keep records of this. Her initial estimate, made in July 2009, was that she was spending 150 nights a year in her constituency home. On 4 August 2009 she told me that she would spend 200+ nights in her main home in 2009-10. My best estimate of her overnight stays, based on numerical estimates provided by Ms Dorries on 8 October 2009[214] and 25 January 2010[215] and examination of the diary material she supplied, is set out in the table below.
Year Nights at main home Nights in constituency Nights in London Nights elsewhere Totals
2005-06 (from 10 May)
279
0
31
16
326
2006-07
208
0
112
45
365
2007-08
223
89
10
44
366
2008-09
235
97
9
24
365
2009-10 (to 25 January)
218
37
3
42
300

148.  Ms Dorries would prefer me to rely on the information she has given me as to how she divides her time and on the general pattern of her overnight stays. Her evidence is that, throughout the period covered by the complaint (2007-2009) when the House was sitting she spent Friday, Saturday and Sunday nights in her main home in the Cotswolds, plus occasional Monday nights and some Thursday nights. The other weekday nights she spent in her constituency home. She spent the occasional night in London. Her evidence is that during the recesses, when not on holiday, she spent almost every night in her main home.

149.  Ms Dorries accepts that she told the Daily Telegraph that she only spent spare weekends and holidays away from her constituency home. Initially, she explained that what she described as spare (or free) weekends meant weekends when she did not have surgeries and official duties. Subsequently, she said that all her weekends were "spare" as Parliament did not sit at weekends, and the statement was therefore consistent with her evidence that she spent weekends at her main home.

150.  The evidence of the Cotswold neighbour, whom Ms Dorries employed in Stratford-upon-Avon to help her with family commitments, is broadly in line with Ms Dorries' own evidence about her overnight stays in her homes there. The evidence of Ms Dorries' family GP, who is based in the village where Ms Dorries had her first Gloucestershire home, is that he believed that her life was very much based in the area, and that it was very unlikely that Ms Dorries had spent the majority of her time anywhere other than in the area since 2005.

151.  The evidence from all but one of the five witnesses from Ms Dorries' constituency broadly confirms Ms Dorries' evidence: indeed, they suggest she spent fewer nights in her constituency home than she has suggested in her evidence. None of these four witnesses said that they saw Ms Dorries at weekends.

152.  Constituency neighbour 1 gives different evidence, suggesting Ms Dorries spent so much time there that it must be her main home. He believes, from personal observation over a period of some two and a half years, that Ms Dorries spent about 80% of her time there (including weekends) but with the exception of 4 to 6 weeks of the summer recess. He accepts, however, that he cannot quantify the exact number of days or nights spent by Ms Dorries in the property as he has no means of doing so.

153.  Ms Dorries strongly disputes this neighbour's evidence. She does not believe that he is in a position to form a reliable estimate of her use of the property. She says he has seen her only infrequently. She says he cannot from his property see into her property or hear her, and that he is there only infrequently as he spends half the year at his house in France and also spent a long period in Portugal between October and December 2009. Other neighbours[216] have also given evidence that this neighbour spends most of his time abroad.

154.  Ms Dorries also believes that the neighbour approached the Daily Telegraph and that the newspaper had influenced his evidence, for which it may have paid him. She believes he might not have given evidence without the encouragement of the newspaper.

155.  Neighbour 1 maintains that Ms Dorries' recollection of the number of times she had seen him and his wife is inaccurate and that they have seen each other on numerous occasions. He is certain that he was aware whenever Ms Dorries and her family were present. His French property had not been purchased until the end of 2008. He did not spend long periods there, and he had only spent the first week in Portugal, in October 2009, and had been in constant residence since then till just before Christmas. He had approached the Daily Telegraph to find out who in Government to write to about expenses, has not been influenced in his evidence, and has not been paid for it.

156.  The evidence of the Department of Resources is that all travel claims made by Ms Dorries since February 2007 appear to have been for travel between Westminster and her constituency. She has made no claim in respect of a journey to her main home since then. Ms Dorries' evidence is that she was advised that, once she rented a house in the constituency, as opposed to Westminster, she was no longer entitled to claim for travel from her main home.

157.  Some material on Ms Dorries' weblog appears to suggest a pattern of use of her constituency property in some respects at variance with the evidence she has given, in that it implies she has a more permanent presence in the constituency. Ms Dorries' evidence is that she gave prominence on the blog to her use of her constituency property both to comfort her constituency association and to demonstrate to her constituents the degree of her personal commitment to her Mid Bedfordshire constituency. Her evidence as to the reliance to be placed on material on her blog is that it is in fact 70% fiction and 30% fact, and relies heavily on poetic licence. She frequently replaces place-names, events and facts with others. She is conscious of the potential for political opponents to exploit her personal domestic circumstances. According to Ms Dorries, this, and the need to reassure her constituents of her commitment, was the reason behind the blog entries. It was also an attempt by her to retain some degree of a private life.

158.  Ms Dorries maintains that the pattern of where she spends her nights has been materially influenced by her family circumstances, which have led her to seek to spend as much time as possible in her family home rather than her constituency home, which she sees solely as a means of maintaining a base in her constituency to assist her in performing her duties as the Member of Parliament. She also wished to maintain a high degree of privacy about the location of her family home. She accepts that the administrative requirements of providing the right details on the right day in respect of the location of her main homes may have got lost in her other priorities. She also accepts that she may on occasion have provided anticipatory answers given with the knowledge of what she thought or hoped was about to happen at the time. Her situation in rented family homes had lasted much longer than she had anticipated, and she was also at the time under severe domestic pressures as well as handling a very demanding parliamentary and constituency workload. Ms Dorries likewise accepts that some of the comments she made on her blog exaggerated the extent to which she lived in the constituency, both for political reasons and to protect her privacy. Overall, Ms Dorries' strong historic and continuing family ties to the Cotswolds, the pattern of her overnight stays in her successive properties there, and the fact that everything she does away from her parliamentary duties is based there, leave her in no doubt that this is where her main home is and will continue to be.

Conclusions

159.  The question I am to resolve is whether, from February 2007 to June 2009, Ms Dorries was in breach of the rules of the House in identifying a property she rented in her constituency as her second home, and telling the House authorities that her main home was in the Cotswolds, when in fact her constituency property was her main home.

160.  There is an ancillary question about whether Ms Dorries was in breach of the rules in not notifying the House authorities of all the various changes to her Cotswold accommodation between 2007 and 2009.

THE LOCATION OF MS DORRIES' MAIN HOME

161.  The rules until 1 April 2009 stated that a Member's main home was normally a matter of fact. Where the Member had more than one home, their main home was normally where they spent more nights than any other.

162.  After an extensive inquiry, I consider that the weight of the evidence points to the clear conclusion that Ms Dorries' main home was indeed in the Cotswolds. Her main home was initially her family home, but, following the breakdown in her marriage, her main home then became each of the three properties she rented for a year at a time in Stratford-upon-Avon. I do not, therefore, uphold the complaint that her main home was in fact in her constituency. It was not. It was (and apparently still is) in the Cotswolds.

163.  I consider that Ms Dorries has established that she spent more nights in her Cotswold homes than anywhere else, including in her constituency home. This is borne out by the estimates she made of the number of nights she spent in each of the locations from 2005-06 to 2009-10, although she declined to confirm that she accepts these best estimates given by her during the course of this inquiry. These estimates are broadly reinforced by Ms Dorries' evidence on the general pattern of her overnight stays during this period. I am satisfied that, while the numerical estimates cannot be taken as 100% accurate, they provide a reasonable estimate of her overnight stays and they show a sufficiently substantial difference between nights spent in the constituency home and nights in the main home to provide a wide range for estimating error. Ms Dorries' evidence is also corroborated by her neighbour in Stratford-upon-Avon, who in my judgement is likely to have the most accurate understanding of her overnight stays, since he was responsible for supporting her family in the Cotswolds when Ms Dorries was staying in the constituency or elsewhere. Her evidence is also consistent with evidence from her GP in the Cotswolds. And it is consistent with the evidence given by all but one of the witnesses in Ms Dorries' constituency.

164.  The one witness in the constituency who has given markedly different evidence from the other witnesses, suggested that Ms Dorries spent 80% of her time in the constituency. While I do not question the good faith of that witness, or his account of his contacts with a newspaper and its reporter, evidence from witnesses about where someone spends their time, which relies only on personal observation, is bound to give no more than an impression: neighbours can give evidence about when and how often they see the person, but it would be most unusual for a neighbour to know how often a person stayed overnight in their neighbouring property, and none of the constituency witnesses has identified such circumstances. The constituency witness himself has recognised this in his evidence. As well as the weight of the other witnesses being against him, I think it highly improbable that Ms Dorries could have spent as much as 80% of her nights in her constituency home. I therefore accept in preference the evidence of all the other witnesses in her constituency and in the Cotswolds.

165.  I have considered whether there are any grounds for setting aside the objective test of where a Member spends their nights because of other exceptional circumstances affecting the Member's choice of their main home. In this case, there is none. The weight of Ms Dorries' evidence to me points to the Cotswold properties as her main homes: the Cotswolds are where she lived before becoming a Member, where her children have grown up, where she had a substantial property and where she has one now. She appears to use her rented constituency home principally to fulfil her parliamentary duties in her constituency. It is true that her daughter started to go to school in her constituency for some of the week, but Ms Dorries' evidence is that, on most of these occasions, she returned with her daughter after school to her Cotswold home. I conclude that the Cotswolds are where Ms Dorries had and has her main home. Her constituency home is her second home, whose costs were therefore eligible for claims against parliamentary resources.

166.  It has taken far too long to draw together the evidence which enables me to come to this clear conclusion. I note that, despite requests, Ms Dorries did not provide me with an estimate of the number of nights which she spent in each of her properties until 8 October 2009. This was some fourteen weeks after my initial request of her. Even then, the figures were internally inconsistent, and she did not produce consistent figures until 25 January 2010, some six months after my inquiry had started. It is disappointing that Ms Dorries was not in the end prepared to confirm that she had provided me with her best estimates—as she told me she had on 8 October last year—and that she did not recognise that estimates (not absolute figures) were necessary in order to check the application of her arrangements against the Green Book rules.

167.  Ms Dorries' evidence to me was also inconsistent with statements she had previously made on her weblog and in the press, where she seemed to go out of her way to emphasise that she lived in the constituency. I needed to resolve the apparent conflict between what she was telling me and what she had put on her weblog and had told the press. I accept her explanation that the weblog was not accurate but was intended to give her constituents the impression that she was living in the constituency. I therefore consider that Ms Dorries' evidence to me, reinforced by much of the other evidence I have received, is to be preferred over the impression given in her weblog references. But I note that the result of these references is that the weblog gave information to its readers, including Ms Dorries' constituents and party supporters, which provided a misleading impression of her arrangements as the Member of Parliament for the constituency.

168.  I note too that Ms Dorries gave at least a misleading impression in the information she gave to the Daily Telegraph, which initiated the complaint against her, where she said that she only spent "spare weekends and holidays" away from her constituency home. Her explanation to me that all weekends were spare because Parliament was not sitting was not convincing.

169.  I recognise Ms Dorries' wish for privacy, both in respect of her personal and private life, and because of the personal pressures she may come under on account of her views on social policy, in particular on abortion. She is fully entitled to maintain her privacy. She is fully entitled to her views on social policy and to express them as she sees fit. She should not have to fear harassment or intimidation because of these views. I appreciate that she feels under pressure from her critics and the media. But where a Member claims for their accommodation from parliamentary resources, as they are entitled to, then they should expect that the broad details of the arrangements for their accommodation will become public knowledge. It was unrealistic of Ms Dorries to expect to keep secret the general location of her main home. And it was unrealistic for Ms Dorries to expect me to conduct this inquiry with the sparse information she initially provided. I regret that it took some months before Ms Dorries decided to give me sufficient information about her circumstances for me to be able to take forward this inquiry. As provided in paragraph 18 of the Code of Conduct, Members do need to co-operate with me in my inquiries. I look to Members to provide promptly full and accurate information and explanations. Co-operation is necessary if I am to be able to resolve complaints in a timely way on the basis of convincing and consistent evidence. I am always careful about unnecessarily disclosing details of a Member's private life, or that of their family, in the evidence I publish, and am sympathetic to Members' requests that such information should be protected. I know that the Committee, too, would be sympathetic to such matters. But failure to provide the necessary details to the Commissioner when he requests them can only unnecessarily complicate my task and prolong my investigations.

170.  My inquiries were also complicated and extended by Ms Dorries' criticism of the one witness who gave evidence against her. There is no doubt that the witness's evidence was first reported in a national newspaper. And it was entirely open to Ms Dorries to question the evidence and whether the witness was acting at the prompting of that newspaper. But I regret the tone and intensity of some of Ms Dorries' comments on the witness (not all of which I have included in the published evidence) and her attempts to persuade me not to consider that evidence. I consider that the evidence was relevant to my inquiry, that I took all proper steps to ensure that Ms Dorries had a full opportunity to comment on it, and that that witness had the same opportunity to comment on her responses. It should then be for me to weigh that evidence and its credibility against all the other evidence I have received. I have sought to do that in this report. I do not believe it would have been just or fair to have taken the action suggested by Ms Dorries and refused to have accepted that neighbour's evidence on account of the fact that he had discussed it with a newspaper reporter.

MS DORRIES' DESIGNATION OF HER MAIN HOMES

171.  During the period covered by this complaint, Members were required to notify the Department whenever they changed their main or second home designation, by completing a form. Ms Dorries did not do so. She failed to notify the Department of Resources of some of the changes in the designation of her main home in the Cotswolds from 2007 to 2009. She did not provide a new designation form to the Department until October 2007, some nine months after she had left the family home, and then only in response to pressure from them. Even then, she made no reference to the property in which she had been living for nine months, and instead designated the rented home she was to move to in January the following year. Despite the Department's pressure in October 2007, she never told them of the move to her third rented property in Stratford-upon-Avon in January 2009. And it took three months before she notified them of her move to her current property. I agree with the Department that it would be unreasonable to expect Members to notify the Department of a change in the designation of their main home in the immediate aftermath of a domestic upheaval which required them to leave that home. Any person would understandably be concentrating on their domestic problems. Their options are likely to be muddled and uncertain. They may be hoping to return to the main home. The completion of a new designation form is understandably not going to be top of their agenda.

172.  The length of that initial period depends on personal circumstances. In Ms Dorries' case it seems to me that that initial period should have ended soon after the signing of the rental agreement for her first property in Stratford-upon-Avon in January 2007. The agreement was for her to take that property for a year. She then benefited from two successive rental agreements on different properties, each of them lasting a year, although she moved during the currency of the third period. I consider that it is reasonable to have expected Ms Dorries to have signed a new designation form identifying each new main home at the same time as the yearly rental agreement was made. In the event, she failed to identify the first and third of her annually rented homes in Stratford-upon-Avon. Of course, like any person, her personal circumstances could have changed during any of those years, as they did for the final rental. But the prospect of such a possible change should not absolve a Member from the responsibility of keeping up to date the formal notification to the Department of the location of their main home.

173.  I find therefore that Ms Dorries was in breach of the rules of the House in not notifying the Department of Resources of her move to her first rented main home in Stratford-upon-Avon in July 2007 or of her move to her third rented main home there in January 2009. I do not consider that she was in breach of the rules in the timing of the notification she gave the Department of her moves to her other main homes: her second home in Stratford-upon-Avon, which she moved to in January 2008, and her current main home which she moved to in September 2009. But the result of her failure to keep the Department up to date with her moves was that it held inaccurate information about the location of Ms Dorries' main home for two of the three years from 2007 to 2009 inclusive. That was not acceptable.

OVERALL CONCLUSION

174.  My overall conclusion is that Ms Dorries was not in breach of the rules of the House in claiming against parliamentary allowances for her constituency home, on the basis that her main home was in the Cotswolds. I do not, therefore, uphold this complaint.

175.  I have found, however, that Ms Dorries was in breach of the rules in not notifying the Department on the requisite designation form (ACA1) of the changes in the location of her main home in the Cotswolds in January 2007 and January 2009. I have no evidence that this had any effect on the claims which Ms Dorries made against parliamentary allowances. Overall, I do not regard this breach as serious.

176.  I am disappointed Ms Dorries took as long as she did in providing me with consistent evidence to enable me to resolve this complaint. While I respect her wish for privacy, I do not believe that that wish can extend to the information which a Member is reasonably asked to provide to the Commissioner to enable him to secure the evidence on which to base an authoritative conclusion. As a result, what should have been a relatively straightforward inquiry, stretched over much too long a period. I have submitted this memorandum to the Committee principally so as to reinforce the importance I attach to Members responding promptly, fully and openly to the questions which I necessarily ask of them so that I can judge a Member's conduct on the basis of the best evidence available.

14 October 2010John Lyon CB


49   WE 1 Back

50   WE 2 Back

51   WE 3 Back

52   WE 4 Back

53   WE 1 Back

54   Committee on Standards and Privileges, Fourteenth Report of Session 2007-08, Conduct of Ed Balls and Yvette Cooper, HC 1044, paragraph 78 Back

55   WE 5 Back

56   WE 6 Back

57   WE 2 Back

58   WE 7 Back

59   Not included in the written evidence. The information provided by Ms Dorries was a series of spreadsheets which summarised briefly her ACA claims for hotels, rent and premises costs from 2005-06 to 2007-08. Back

60   In later evidence, Ms Dorries said that she had also previously occupied two other properties in Stratford-upon-Avon. I refer to all three properties at paragraph 37 below. The property Ms Dorries referred to here is the property identified in that paragraph as Address 3 in Stratford-upon-Avon. Back

61   WE 8 Back

62   WE 6 Back

63   WE 9 Back

64   See also paragraph 37 and footnote 11 above for a summary of the material Ms Dorries sent.  Back

65   WE 10 Back

66   WE 8 Back

67   WE 6 Back

68   WE 11  Back

69   WE 10 Back

70   WE 12 Back

71   Not included in the written evidence Back

72   WE 12 Back

73   WE 13 Back

74   WE 11. See also paragraph 34 above. Back

75   Reckoned from Thursday 5 May 2005, the date of the General Election. Back

76   WE 11 Back

77   Not included in the written evidence. Ms Dorries' blog may be accessed at http://blog.dorries.org/  Back

78   WE 9 Back

79   WE 14 Back

80   I summarise the initial evidence given by this neighbour at paragraph 64 below. Back

81   See WE 28. This evidence is summarised at paragraph 74 below. Back

82   Ms Dorries said that she ceased to occupy the family home in Gloucestershire in January 2007-see paragraph 37 above. Back

83   These properties were in Stratford-upon-Avon-see paragraph 37 above for the details. Back

84   WE 13 Back

85   See also paragraph 56 below. Back

86   WE 15 Back

87   In the table which I sent Ms Dorries with my letter of 15 December 2009 (WE 13), I had identified from her e-mail of 8 October (WE 11) that she had in 2006-07 spent 111 nights in her constituency. The information given in the table in her letter of 25 January (WE 14) in effect transposed this to London. Ms Dorries had told me that her PA, who completed the box, may have misunderstood what she had said (see paragraph 54 above). Back

88   WE 14 Back

89   WE 16 Back

90   WE 17 Back

91   WE 11 Back

92   WE 14 Back

93   Ms Dorries' blog may be accessed at http://blog.dorries.org/ Back

94   Ms Dorries had included diary highlights for April 2009 in the marked print-out she had sent me. Back

95   WE 14 Back

96   Not included in the written evidence Back

97   WE 14 Back

98   WE 18 Back

99   This is the reporter Ms Dorries subsequently referred to by name in her letters to me of 1 March and 15 March. See WE 30 and WE 32 and paragraphs 76 and 84 below. Back

100   WE 19 Back

101   See the evidence of neighbour 2 (WE 22) and neighbour 3 (WE 25). The relevant evidence is summarised at paragraphs 69 and 71 below. Back

102   WE 20 Back

103   WE 21 Back

104   WE 18 Back

105   WE 22 Back

106   WE 23 Back

107   WE 24 Back

108   WE 25 Back

109   WE 26 Back

110   WE 27 Back

111   WE 14 Back

112   WE 28 Back

113   WE 29 Back

114   WE 30 Back

115   This is the reporter referred to in paragraph 64 above. Back

116   WE 16 Back

117   Not included in the written evidence. Ms Dorries said in her e-mail of 22 March (WE 37) that this was in fact a picture of her current property in Gloucestershire-see paragraph 89 below. Back

118   WE 31 Back

119   WE 30 Back

120   WE 32 Back

121   WE 33 Back

122   WE 34 Back

123   WE 35 Back

124   WE 36 Back

125   WE 37 Back

126   WE 30. In that letter, she had described it as a picture of her constituency home-see paragraph 82 above. Back

127   WE 38 Back

128   WE 32 Back

129   WE 30 Back

130   WE 32 Back

131   WE 37 Back

132   Not included in the written evidence Back

133   WE 30 Back

134   WE 39 Back

135   Not included in the written evidence Back

136   WE 32 Back

137   WE 38 Back

138   WE 33, 35 and 36 Back

139   WE 40 Back

140   WE 12 Back

141   WE 12 Back

142   WE 14 Back

143   This was a copy of the table I had sent to Ms Dorries on 3 March (see WE 31). It is also reproduced at paragraph 83 above. Back

144   WE 14 Back

145   Not included in the written evidence Back

146   WE 41 Back

147   Not included in the written evidence. For a revised version, see WE 46 below.  Back

148   WE 42 Back

149   Not included in the written evidence Back

150   WE 38 Back

151   WE 43 Back

152   WE 44 Back

153   WE 12 Back

154   In September 2009 Back

155   WE 45 Back

156   WE 46 Back

157   WE 47 Back

158   WE 45 Back

159   In fact, as the Director of Strategic Projects said in his letter of 11 May [WE 40], Ms Dorries was entitled to claim for journeys between Westminster and her constituency, between Westminster and her main home, and between her main home and her constituency. See paragraph 97 above. Back

160   WE 48 Back

161   WE 44 Back

162   WE 49 Back

163   WE 50 Back

164   WE 51 Back

165   WE 52 Back

166   WE 53 Back

167   These were set out in her letters to me of 1 March (WE 30) and 15 March (WE 32). Back

168   WE 54 Back

169   WE 55 Back

170   Not included in the written evidence Back

171   WE 32 Back

172   WE 56 Back

173   WE 32 Back

174   WE 18 Back

175   WE 57 Back

176   WE 59 Back

177   WE 58 Back

178   Not included in the written evidence. For a revised version, see WE 61 below. Back

179   These are set out in paragraphs 40 and 56 above. A consolidated version, reflecting what I take to be Ms Dorries' best estimates, is set out at paragraph 83 above. Back

180   See WE 9, WE 11 and WE 14 Back

181   See WE 61 Back

182   WE 2 Back

183   WE 60 Back

184   I was grateful to Ms Dorries for identifying this omission. Back

185   WE 58 Back

186   WE 59 Back

187   WE 62 Back

188   WE 18 Back

189   WE 20 Back

190   WE 63 Back

191   WE 64, WE 65 Back

192   Ms Dorries had said in her letter of 6 July (WE 62) that, from recollection, she believed she rented the house in April 2007 and moved in a few months later. Back

193   WE 67 Back

194   WE 50 Back

195   See paragraph 131 above and WE 64. Back

196   WE 14 Back

197   WE 68 Back

198   WE 14 Back

199   WE 66 Back

200   WE 62 Back

201   WE 69 Back

202   WE 70 Back

203   This is the same person as referred to at paragraphs 64, 76, and 84 above. Back

204   The Daily Telegraph article of 23 January 2010 included this quotation. It also included the following: "But some of her neighbours are set to allege to Mr Lyon that the MP spent almost all of her time there. They claimed in a written statement: 'We can confirm that she used her constituency house as her main residence, spending 80% plus of her time here ... We were aware of her presence at all times.'" Back

205   WE 20 Back

206   WE 71 Back

207   WE 72 Back

208   WE 73 Back

209   WE 7 Back

210   WE 9 and WE 11 respectively Back

211   WE 14 Back

212   WE 52 Back

213   WE 30 Back

214   See paragraph 40 above. Back

215   See paragraph 56 above. Back

216   Neighbours 2 and 3. Back


 
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