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Select Committee on Standards and Privileges Eighth Report


8.  Letter to Mr Martin Salter from the Commissioner, 10 April 2007

I enclose a copy of a letter (and enclosures) I have received from Mr Wilson, dated 28 March, in which he complains about a letter, copy of your "Parliamentary News" and 2007 calendar which you distributed to constituents in December 2006. You will see that Mr Wilson complains that this material breached the rules of the House in that:

i.  it was distributed in pre-paid, House of Commons, first class envelopes rather than the postage being funded from your Incidental Expenses Provision (IEP).

ii.  the newsletter did not carry the required imprint saying that it had been funded by your IEP.

iii.  by identifying on its front page a Labour councillor who is seeking re-election this May, (and naming the ward he represents), it promoted the councillor's candidacy in the forthcoming local elections.

In connection with this complaint, Mr Wilson also draws my attention to your statement during the debate on the new Communications Allowance on 28 March:

"We have all been breaking the rules. Let us be honest—we have all been at it, and I more than most, probably because it is common sense to do so." (Official Report, 28 March 2007, cols. 1532-33.)

As you will know, paragraph 14 of the Code of Conduct approved by the House provides:

"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."

I enclose a copy of the Rules on the use of House of Commons stationery and post-paid envelopes which were in force in December 2006. These provided that original House stationery should not be used for circulars of any description (paragraph 4), unless it had been purchased by a Member or reproduced at his or her own expense (paragraph 5). Pre-paid envelopes should not be used for circulars of any description (paragraph 8).

I also enclose a copy of the guidelines relating to publications funded from the Parliamentary allowances, promulgated by the Department of Finance and Administration (DFA), which were in force in December 2006. You will see that paragraph 9 of this guidance says that pre-paid envelopes must not be used for distributing Parliamentary newsletters or other publications. Paragraph 7 says that such newsletters or publications must be sent or made available to all constituents or to all constituents within a locality. Paragraph 12 refers to the form of notice to be included in a publication giving the source(s) of its funding.

Against this background—and in accordance with the procedures for considering complaints set out in the enclosed note [PN3]—I should be grateful if you will let me have your response to Mr Wilson's complaint. It would be helpful if this could include information on:

i.  whether you sought any advice from the DFA or anyone else on the text of, and distribution arrangements for, your December newsletter.

ii.  to how many people your newsletter was distributed, by pre-paid envelope and by other means respectively.

iii.  how these people were selected

as well as any other comments you wish to make.

I am copying this letter and enclosures to the Serjeant at Arms and the Director of Operations in the DFA, whose advice I will be seeking in the light of your reply.

If you want a word about this matter, please do not hesitate to get in touch.

10 April 2007


 
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Prepared 17 October 2007