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Select Committee on Standards and Privileges Fourth Report


Written evidence received by the Parliamentary Commissioner for Standards

1.  Letter to the Commissioner from Mr John Mann and Mr Kevan Jones, 24 April 2007

In the light of your Third Report of Session 2006-07 (HC431) we wish to make a specific an individual complaint about the misuse of House of Commons dining facilities by Mr Julian Brazier MP.

This event, on Wednesday 18 April 2007, in dining room A, was a Patrons Club dinner. According to the last two sets of accounts registered with the Electoral Commission by the Canterbusy Conservative Association, its Patrons Club is a net and significant contributor to its fundraising.

The Refreshment Department of the Commons gives precise advice that fundraising is not permissible in its dining rooms.

The net sum raised for Canterbury Conservatices should, we contend, be paid to charity forthwith and this breach requires a full investigation.

24 April 2007

2.  Section 5 of the Banqueting Regulatons

5.  Use of Private Dining Rooms

5.1.  Subject to the exclusions in 5.2, the private dining rooms are not to be used for direct financial or material gain by a Sponsor, political party, or any other person or outside organisation.

5.2  Use of the private dining rooms for direct financial or material gain by all-party Parliamentary groups or by registered charities is acceptable.

5.3  The private dining rooms may not be used as an inducement to recruit new members of outside organisations or non-parliamentary associations.

5.4  No commercial presentation, promotion or demonstration is permitted.

5.5  Subject to the rules on the declaration of interest and 5.1 above, it is appropriate for the private dining rooms to be used for political functions or for "lobbying purposes".

5.6  All functions must be brought to a close by 10.30pm and guests should leave the Parliamentary Estate by 11.00pm. The Refreshment Department reserves the right to recover additional costs incurred in the event of a late vacation of the premises.

5.7  With the exception of Wedding/Special Event cakes, no food or drink, other than that supplied by the House of Commons Refreshment Department, may be consumed on the premises.

5.8  No betting or gaming may be carried out on the premises.

5.9  Concerts, loud music or other activities likely to cause a noise nuisance are NOT permitted. Background music may be permitted by prior agreement at times when neither House is sitting and adjacent rooms are not in use for other events. The Sponsor should apply in writing to the Chairman of the Administration Committee who will advise the Speaker.

3.  Letter to Mr Julian Brazier from the Commissioner, 26 April 2007-06-07

I see that Mr Mann and Mr Jones copied to you the letter they sent me on 24 April complaining about a dinner held by your Conservative Association's Patrons' Club at the House of Commons on 18 April.

The essence of their complaint is that the Club is a fundraising organisation for the Conservative Party and that the dinner was a fundraising event.

Whilst paragraph 5.5 of the Banqueting Regulations (a copy of which I enclose) provides that "it is appropriate for the private dining rooms to be used for political functions …", paragraph 5.1 says that "the private dining rooms are not to be used for direct financial or material gain by a Sponsor, political party, or any other person or outside organisation". Paragraph 5.3 adds that the rooms "may not be used as an inducement to recruit new members of outside organisations or non-parliamentary associations."

Paragraph 14 of the Code of Conduct for Members provides that:

"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."

In their letter, Mr Mann and Mr Jones refer to the recent Third Report of the Committee on Standards and Privileges for the current session (HC 431). In that report, published on 29 March, the Committee said:

"We believe that political clubs that are engaged in fund-raising for a political party should in future not be allowed the use of House facilities." (paragraph 9)

The Committee went on to recommend to the Administration Committee and Mr Speaker the amendment of paragraph 5.1 of the Banqueting Regulations to add after the word "direct" the words "or indirect". (see paragraphs 12-13 of the report)

That proposal will be considered by the Administration Committee. Behind the proposal, however, lay the view of the Committee on Standards and Privileges that:

"… the current distinction inherent in the Banqueting Regulations between direct fund-raising by political parties, which is specifically prohibited, and indirect fund-raising, which by implication is acceptable, is unsustainable." (paragraph 11 of the report)

It is this view which now sets a key part of the context in which the complaint by Mr Mann and Mr Jones falls to be considered.

In order for me to reach a view on the complaint—and in line with the procedures for considering complaints set out in the enclosed note—I should be grateful if you will let me have your response to the complaint. It will be helpful if this covers, among any other points you wish to make:

1.  The nature of your association's Patrons' Club—its aims, membership, and how members are recruited (including a copy of any relevant recruitment literature).

2.  How it funds its activities—including details of any subscription charged and what this covers.

3.  Its involvement in fundraising—including details of any amounts donated to the Conservative Party nationally or locally over the last 5 years.

4.  The event on 18 April—who sponsored it (I assume you did), how many were present, how it was funded, whether any 'profit' or surplus was made on the event and how that was disposed of.

I look forward to hearing from you. If you would, at any point, like a word about this matter, please do not hesitate to get in touch.

26 April 2007

4.  Letter to the Commissioner from Mr Julian Brazier (without enclosures), 8 May 2007

Thank you for your letter of 6th April with regard to the complaint by John Mann MP and Kevan Jones MP. Let me say immediately that my Patrons Club does raise funds for the party, although it is also a social organisation and provides me with contacts useful for my constituency work. It has no written aims and, although it has a bank account, publishes no separate formal accounts. Its members, of whom there approximately twenty at any one time, are recruited at my personal invitation—there is no recruitment literature. I attach a copy of a typical letter inviting individuals to join.

Members pay an annual fee of £250 for which they receive invitations to two engagements a year, one a dinner in the House of Commons and the other a cocktail party, usually at my home, together with a personal and exclusive quarterly newsletter—I enclose the latest copy.

The surplus which the Patrons Club makes each year, typically £2-3,000 is simply transferred into the Association accounts each year.

I did, indeed, sponsor the event on 18th April. My understanding has been that the distinction between a direct and indirect fundraising event is that the former involves a specific charge for the event, whereas the latter does not. (Indeed it is hard to think what else the distinction could mean.) We have never charged any separate fee for the annual dinner, other than cost price for additional (i.e. second and subsequent) guests.

On the Monday before the event, I received advice via Party channels that the use of the House of Commons Dining Rooms would no longer be suitable for Patrons Clubs because a tightening in interpretation was occurring. It being too late to cancel or move the event, I notified members that evening that this was likely to be the last occasion that we could meet in the House of Commons, something we all felt was rather sad.

On a separate point, I would be most grateful for your ruling on a second body for which I book rooms twice a year, the Canterbury Industrial Consultative Council. This is a freestanding body which has existed for at least 30 years although the staff in my Association office until a few months ago provided its secretariat. I attach a copy of its articles, aims and objects, document and recent accounts.

Unlike the Patrons Club, members of the CICC do not have to be members of the Conservative party and none of the CICC officers hold office in my Conservative Association. The organisation has never been primarily a fund-raising one. Over the years its distance from the Association has increased. Originally, it simply transferred any surpluses to the Association in lieu of an administration fee.

Over the last few years, the CICC has instead paid a small administrative fee split between the Association Agent and his secretary for administering it. Following the departure of his secretary, Councillor Ann Taylor, from the Association office last year, it was decided that she would take charge of this and such payments in future will be made direct to her alone.

From time to time the CICC has continued to make donations, usually in the form of equipment to my Association. I see that in the past five years there have been two such donations, one for £2,720 in August 2004 and one for £917 in February of this year. I understand that the CICC has also taken at an advertisement in our Association Ball programme during the last two years. I do not think any member would see it as a fund-raising body for the Conservatives.

I hope that this is helpful. As the CICC are here early next month, they would be grateful for an early indication from yourself on their use of Dining Room A.

8 May 2007

5.  Sample letter of invitation to join Mr Brazier's Patrons' Club (without attachment)

I am writing to ask whether you might be interested in joining the Canterbury Conservatice Patrons Club.

The Club provides its members and their guests with an enjoyable focus for political interest. Membership is limited and by my personal invitation and the annual cost is £250 per annum—or a greater sum, at the discretion of the member.

The Club meets twice a year—once in the spring with a dinner for members and their spouses in Parliament and once in the summer or autumn for a cocktail party in the constituency, usually at my home. At previous dinners in the House we have been privileged to have senior figures from the Shadow Cabinet as well as more general speakers such as the late Alan Clark and the redoubtable Daphne Park (one of MI6's top agents). Our next meeting will be a dinner in the House of Commons on 9th March 2005.

I write personally to Club members four times a year and attach a copy of my most recent letter.




 
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Prepared 13 June 2007