Appendix II
TERMS OF REFERENCE FOR THE REVIEW OF THE SEVENTH
REPORT, 2009-10
A. Pursuant to House of Commons Standing Order
No 149(5) you are invited to conduct an independent review of
the conclusion of the Seventh Report (Mr Harry Cohen) of the House
of Commons Standards and Privileges Committee for Session 2009-10
to the effect that his breach, in treating his Colchester home
as his main home, of the rules for claiming Parliamentary allowances
was a particularly serious one.
B. The reason why the review is commissioned is
that the Committee considers there is a real possibility that
it would have come to a different conclusion about the seriousness
of the breach in the light of new information now available.
C. The review shall be conducted in private.
D. Mr Cohen, if he so requests, may make written
representations to the review, and produce any documents and witness
statements which he considers to be relevant. He will be given
an opportunity to comment upon any written material which is placed
before the review from any other source, other than material which
he has already seen. It is not anticipated that any evidence will
be given or representations will be made orally unless the reviewer
is persuaded that oral evidence or oral representations would
assist.
E. The review should reach findings of fact on
the balance of probabilities.
F. Otherwise it will be for you to determine the
procedures of the review.
G. You are requested to provide advice as soon
as possible to the Committee—
- As to the appropriateness of its recommendations
that—
- Mr Cohen should be required to apologise by
means of a personal statement on the floor of the house, and
- the full amount of the resettlement grant
otherwise repayable to him be withheld, and
- in so far as any inappropriateness is found,
as to the action (if any) that the Committee might be invited
to recommend the House to take.
H. Your review and the evidence on which it is
based, subject to any advice you provide to the contrary, will
be included in a report made by the Committee.
I. The review is to be conducted in the parliamentary
estate, and your costs (and a secretariat) will be provided by
the House of Commons, and you will have access to any House of
Commons papers and staff members that you consider relevant.
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