20. Letter to Director of Operations,
Department of Resources, from the Commissioner, 10 March 2010
I would welcome your advice and comments on a complaint
I have received against the Rt Hon Andrew Mackay MP in respect
of the identification of his main home for the purpose of his
claims against his Additional Costs Allowance.
I attach a copy of the relevant parts of the letters
of 23 and 30 October from the complainant, together with the relevant
press cuttings which he included. I enclose also a copy of the
Registrar's letter of 28 October to which the complainant refers.
I attach a copy of Mr Mackay's response of 21 January (which was
delayed after Mr Mackay had raised with me his concerns about
double jeopardy with Sir Thomas Legg's audit) my response of 26
January; his reply of 12 February; my letter to Mr Mackay of 15
February; and his response of 8 March.
In essence, the complaint is that Mr Mackay wrongly
identified his main home for the purposes of claims against his
Additional Costs Allowance, contrary to the rules of the House.
I have taken the period of the complaint to cover the financial
years from 2004-05 to 2008-09 inclusive.
I would welcome your comments and advice on this
matter. In particular, it would be helpful if you could advise
me on the discussion which Mr Mackay reports he had with the then
Head of the Fees Office in September 1997: it would be helpful
to have any written records relating to Mr Mackay's discussions
of his and his wife's circumstances at that time. It would also
be helpful to know whether the Department at any other time gave
any consideration to the arrangements under which Mr Mackay claimed
for his second home in London, taking account of the claims which
Ms Julie Kirkbride MP was making for her second home in her constituency.
Finally, I would welcome your views on whether, in
all the circumstances, you consider that Mr Mackay was within
the rules in claiming second home allowance for his London home.
Any other points you may wish to make to help me with this inquiry
would, of course, be very welcome.
I would be very grateful if it were possible to let
me have a response to this letter within the next three weeks.
Thank you for your help.
10 March 2010
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