11. Letter to Mr Rob Wilson from the
Commissioner, 16 April 2007
I have received a complaint from Councillor Sutton
about your "Parliamentary Report" recently circulated
to your constituents. I enclose a copy of Councillor Sutton's
letter of 11 April setting out his complaint and of the enclosures
to which it refers.
You will see that the complaint concerns three things:
1. the timing of the Report's release, said to
be hard up against the start of the local election campaign. It
is alleged that some of the leaflets were actually delivered during
the election period;
2. the promotion of Mr
, who I understand
is the Conservative candidate in a highly marginal ward in the
local election, through his appearance alongside you in a photograph
on page 1 of the Report.
3. the inclusion within the Report of a separate
Conservative Party survey of Katesgrove Ward when the Report was
delivered in that ward.
As you know, paragraph 14 of the Code of Conduct
for Members approved by the House says:
"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."
The imprint at the foot of the back page of your
Parliamentary Report indicates that it was financed using money
provided from your Incidental Expenses Provision (IEP). The guidelines
on publications funded from the Parliamentary Allowances published
by the House's Department of Finance and Administration which
were in force prior to this montha copy of which I enclosecontain
the following provisions which appear relevant to Councillor Sutton's
complaint:
a) Paragraph 5 provides that:
"No party political or campaigning material
is allowable in any part of a publication funded, in whole or
in part, from the allowances."
b) Paragraph 8 says that:
"Parliamentary newsletters and other publications
may be included in the same mail drop as any political material
but it must be placed in a separate envelope or cover. The IEP
should not be used to meet the cost of distributing the non parliamentary
material."
c) Paragraph 11 says that you must not use IEP
funded publications:
- "to promote, criticise
or campaign for or against anyone seeking election
- for the purpose of advancing perspectives or
arguments with the intention of promoting the interests of any
political party or organisation you support, or damaging the interests
of any other such party or organisation."
In addition to the three matters identified in Councillor
Sutton's complaint, I note that the header on page 1 of your newsletter
includes not only the Conservative Party logo but the attribution
"Reading East Conservatives". The logo is also reproduced
on pages 3 and 4 of the "Parliamentary Report".
I should be grateful for your comments on each of
the three points identified by Councillor Sutton and on the matters
mentioned in the previous paragraph. In giving your response to
the complaint, it would be helpful if you could also tell me:
i. How many copies of your "Parliamentary
Report" were distributed, to whom and how.
ii. Whether surveys like the Katesgrove Ward
example enclosed were distributed with every copy or only with
certain copies of the Report.
iii. Whether you sought advice from the House's
Department of Finance and Administration (DFA) before publishing
your Report.
I should add that the Member for Reading West, Mr
Martin Salter, has made similar criticisms of your Parliamentary
Report in responding to the complaint you made against him recently,
although he has said that he does not wish to pursue a formal
complaint. He has also said that you did not inform him of your
complaint about him, but that he only became aware of it following
a press release you issued on 28 March, the same day on which
you wrote to me about it.
Paragraph 85 of the "Guide to the Rules relating
to the Conduct of Members (HC 351, Session 2005-06) says:
"It is a basic courtesy that a Member making
a complaint to the Commissioner should at the same time send a
copy of the letter of complaint to the Member concerned."
The Committee on Standards and Privileges has emphasised
the importance it attaches to the observance of this courtesy
in a recent report (Third Report of Session 2006-07, HC 431, paragraph
15).
I should be grateful if you will let me have your
comments on this point also when replying to this letter.
I am enclosing with this letter a copy of a note,
which I send to all Members who are the subject of a complaint,
setting out the procedures I follow when handling a complaint.
I am also copying this letter and enclosures to Mr
, the
Director of Operations in the DFA, whose advice I shall seek following
your response to the complaint.
If, at anytime, you want a word about this matter,
please do not hesitate to get in touch.
16 April 2007
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