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 honestwe 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 backgroundand 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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