United Kingdom Parliament
Publications & records
Advanced search
 HansardArchivesResearchHOC PublicationsHOL PublicationsCommittees
Select Committee on Standards and Privileges Seventh Report


Appendix 1: Memorandum from the Parliamentary Commissioner for Standards


Complaint against Mr Gregory Campbell

The Complaint

1. On 17 April 2007 I received a letter from Mr Noel Adams about Mr Gregory Campbell, the Member for East Londonderry.[3] Mr Adams complained that:

a)  Mr Campbell had been elected a Member in 2001 but had not recorded his remunerated positions as a Member of the Northern Ireland Assembly and as a member of Derry City Council in the Register of Members' Interests until 13 March 2007.

b)  Mr Campbell had failed to declare his relevant interest as a Councillor at the meetings of the Northern Ireland Affairs Committee held on 29 November and 7 December 2005, at which the Review of Public Administration in Northern Ireland had been considered.[4]

2. Mr Adams suggested that, in and of itself, Mr Campbell's failure to register his interests might be regarded as a minor matter, now put right. However, Mr Campbell had also, he said, breached a clear rule that a Member should not take part in any proceeding of the House or of one of its committees if a relevant interest had not been declared. The Review of Public Administration in Northern Ireland involved potential changes in local government that, Mr Adams alleged, had direct implications for Mr Campbell's paid position as a City Councillor.

Relevant Provisions of the Code of Conduct and Guide to the Rules

3. As regards the registration and declaration of interests, paragraph 16 of the Code provides:

4. Paragraph 11 of the Guide to the Rules requires Members to submit a form notifying me of their registrable interests within 3 months of each occasion on which they are elected to the House.

5. Paragraph 65 of the Guide to the Rules contains a number of provisions relating to the declaration of interests in select committees. These reflect a Resolution of the House of 13 July 1992 which approved certain paragraphs of a Report by the Select Committee on Members' Interests relating to the financial interests of Chairmen and members of Select Committees. The thrust of these provisions is that Members should declare any pecuniary or personal interest they have which is relevant to the work of any Select Committee of which they are a member, both when the Committee first meets and on any relevant subsequent occasions, especially when witnesses are present.[6]

My Inquiries

6. In the light of the complaint I have:

a)  Checked the record of Mr Campbell's Register entries.

b)  Checked with the Clerk of the Northern Ireland Affairs Committee the record of Mr Campbell's declarations of interest in the Committee.

c)  Sought Mr Campbell's own response to the complaint.

1.  Registration

7. During the suspension of the Northern Ireland Assembly its Members (MLAs) received a salary of £31,817, although for MLAs who were also Members of the House this was abated by two thirds. Allowances for staffing and office costs amounted to £48,000 a year. As a member of Derry City Council, Mr Campbell has since April 2007 been entitled to a basic allowance of £9,500 a year, plus other expenses as appropriate. According to his letter of 3 July,[7] in the year prior to that he and other councillors were paid a fixed amount of some £4,000 p.a., plus an attendance allowance of £22 for any approved duty or meetings in any 24 hour period. Mr Campbell estimates that his average earnings as a councillor in the years between 2001 and 2006 were about £6,000 p.a.. Both his remunerated interest as an MLA and as a Derry City Councillor are registrable matters, and they are also declarable in relevant proceedings in the House or in Committee.

8. Mr Campbell entered the House at the 2001 General Election. In the first Register of Members' Interests of that Parliament, published in November 2001, he did register his membership of the City Council of Londonderry, of which he had been a member since 1981. The Register published a year later also contained an entry relating to Mr Campbell's membership of the Northern Ireland Assembly (of which Mr Campbell had notified my office on 9 July 2002). Mr Campbell had originally been a Member of the Assembly between 1982 and 1986, and had then been re-elected to it in 1998. Entries relating to Mr Campbell's role as a City Councillor and as an Assembly member continued to appear in the Register to the end of the 2001-05 Parliament.

9. Following Mr Campbell's re-election to the House in 2005, however, he submitted a 'nil return' prior to the publication of the first Register of the current Parliament. That 'nil return' continued in the Register up to and including the edition published on the internet on 6 February 2007. On 10 March 2007, Mr Campbell wrote to me requesting that reference to his membership of the City Council and the Assembly be reinstated. This was effected in the internet edition of the Register published on 13 March 2007.

2.  Declaration

10. Mr Campbell has been a member of the Northern Ireland Affairs Committee since 4 May 2004. I am reliably informed that Mr Campbell has always been open with the Committee about his work as a member of Derry City Council, and his membership of the Assembly, and both of these are of course matters of wider public record. However, there appears to be no formal record of Mr Campbell having formally declared these interests, as he was required to do,[8] either on nomination to the Committee in 2004 or when it met for the first time following its nomination in the current Parliament.

11. Nor, according to the Committee records, did Mr Campbell declare his interest as a City Councillor at the meetings of the Select Committee held on 29 November and 7 December 2005. The meeting on 29 November took place on the second day of a two-day visit by the Committee to Northern Ireland and involved the taking of formal evidence in the Guildhall in Londonderry from the team which had undertaken the Review of Public Administration in the Province. This evidence has been reported to the House and published on the Committee's website as House of Commons Paper No.732-i. The recommendations of the Review, if accepted, would significantly reduce both the number and size of membership of local councils in Northern Ireland. In the process, the likely political composition of the councils would also be affected. However there is no evidence from the verbatim record that Mr Campbell declared his particular interest as a City Councillor to the witnesses who appeared before the Committee, as the fourth bullet point in paragraph 65 of the Guide to the Rules suggests he should have done.[9]

12. The Committee's formal minutes record that it considered the Review again at its meeting on 7 December 2005. Mr Campbell is recorded in the minutes as having been present at this meeting. Again there appears to be no formal record that he declared a relevant interest to his fellow Committee members.

3.  Mr Campbell's Response to the Complaint

13. I wrote to Mr Campbell on 18 April alerting him to Mr Adams's complaint and inviting his response.[10] Mr Campbell replied on 22 May. I have appended his written response to this report.[11]

14. In his response Mr Campbell first refers to Mr Adams's allegation that Mr Campbell only registered his income from the City Council, and the Assembly on 13 March 2007. He suggests that it is his membership of the two bodies, rather than the income he derived from the membership, which he is under an obligation to disclose in the Register. He goes on to point out that Mr Adams's allegation is factually incorrect, as the Register published in 2002 carried information about both memberships. He concludes that Mr Adams's complaint that he had only registered them in March 2007 "is therefore without foundation".

15. On the subject of declaration, Mr Campbell says that the meetings of the Northern Ireland Affairs Committee which considered the Review of Public Administration in the Province "did not constitute an Investigation". The report of the Review had just been published when the Committee visited the Province and the Committee "took the opportunity to get a briefing on the concluded report". The minutes of the two meetings, he suggests, bear this out.

16. Mr Campbell concludes:

    "I find it somewhat odd that Mr Adams wrote to you on 11 April 2007 about a Committee hearing that took place 17 months before, of which Mr Adams as a member of the Campaign for Labour to organise in Northern Ireland was fully aware."

Further Comments by Mr Campbell

17. I wrote to Mr Campbell on 8 June to say that, while I accepted his argument that Mr Adams was wrong on the facts to claim that Mr Campbell had not registered his memberships of the Assembly and the City Council before March this year, I was not convinced that his other arguments disposed of the complaint against him. It was clear from the evidence that:

As regards the question of declaration of his interest at the meetings of the Select Committee referred to by the complainant, neither the relevant Resolution of the House nor the Guide to the Rules distinguished between Committee meetings held for the purposes of an investigation and those held for other purposes. Nor was I convinced that Mr Campbell was right in saying that the Northern Ireland Affairs Committee had simply been receiving a briefing rather than conducting an investigation. I was therefore minded to report formally to the Committee on Standards and Privileges on the complaint.

18. Mr Campbell replied on 19 June.[12] He continued to argue that the complaint as made by Mr Adams was factually incorrect, and suggested that on this ground it was 'bizarre' for me to proceed any further. On a factual point, he had only received income of £9,500 from Derry City Council from April 2007 on. I subsequently asked Mr Campbell to clarify what sums, if any, he had received from the Council between the date he entered the House and 2007, and have summarised his response in paragraph 7 above.[13]

Findings of Fact

19. When Mr Campbell first entered the House in 2001, he registered his membership of Derry City Council. A year later he also registered his membership of the Northern Ireland Assembly. Both memberships pre-dated his entry to the House. Those entries remained in the Register until the end of that Parliament.

20. After his re-election in 2005, Mr Campbell failed to re-register either membership until he wrote to me on 10 March 2007 asking for both entries to be reinstated.

21. Although his membership of both bodies is well known in Northern Ireland and I am reliably informed that he has been open about them with other members of the Northern Ireland Affairs Committee, Mr Campbell failed to declare either membership to the Committee when nominated to it in 2004 or when it was nominated at the beginning of the current Parliament. The Committee's formal minutes do not record any formal declaration of his interest as a City Councillor at its meetings held on 29 November and 7 December 2005, at which the Review of Public Administration in the Province was considered. Mr Campbell argues that he was not obliged to make such a declaration as the two meetings "did not constitute an Investigation".

Conclusion

22. I examine in turn the two aspects of Mr Adams's complaint, as set out in paragraph 1. First, Mr Adams complained that Mr Campbell had not registered his interests as a Member of the Northern Ireland Assembly and of Derry City Council from the time he entered the House in 2001 until 13 March 2007. As my account of the position in paragraphs 7-9 (which has not been disputed by Mr Campbell) shows, both of these were registrable interests. In fact Mr Campbell did register his membership of the City Council in 2001 and his membership of the Assembly almost a year later. However the entries were not continued between his re-election in 2005 and March 2007.

23. I conclude that Mr Campbell is correct in saying that the complaint by Mr Adams cannot be upheld in the form in which Mr Adams made it. However, it is clear that Mr Campbell has failed to meet his obligations consistently in respect of registration under the Code. Specifically:

i)  He did not register his membership of the Northern Ireland Assembly on first entering the House in 2001, as he should have done. The interest was not registered until 9 July 2002, well past the three month deadline in paragraph 11 of the Guide to the Rules;

ii)  He failed to re-register both his Assembly and City Council memberships when re-elected in 2005 and did not notify my office of them until March of this year, a period of some 19 months after the relevant deadline.

24. Mr Campbell argues that because Mr Adams's complaint cannot be upheld in the terms in which Mr Adams has stated it, the matter should end there. I disagree. Mr Adams's complaint as such cannot be upheld on the facts, but my investigation of it has exposed a failure by Mr Campbell to comply with his obligations as regards registration of interests under the Code. I find that Mr Campbell has breached those obligations, in the two respects listed in the preceding paragraph.

25. The second part of Mr Adams's complaint alleges that Mr Campbell failed to declare his relevant interest as a councillor at the meetings of the Northern Ireland Affairs Committee on 29 November and 7 December 2005. As I have described in paragraphs 10-12, there is no formal record of Mr Campbell having declared his interest on these two occasions, or indeed when he first joined the Committee in 2004 or when he was re-appointed to it in 2005. Mr Campbell appears to argue in his letter of 22 May[14] that there was no need for him to declare his interest, as the meetings referred to by the complainant did not constitute an investigation. However, in relation to declaration, the Guide does not distinguish between different types of Committee activity. Nor does the fact that Mr Campbell's role as a councillor was well known excuse him from the obligation to declare it in relevant proceedings in the House, particularly on an occasion when witnesses were present.

26. I therefore recommend that the second part of Mr Adams's complaint be upheld. I also find that Mr Campbell breached his obligations under the Code to declare relevant interests when he became a member of the Northern Ireland Affairs Committee in 2004, and again in 2005.

27. Had Mr Campbell been willing to acknowledge and apologise for the several respects in which his conduct has fallen short of his obligations as a Member, I should have been prepared to consider dealing with the consequences under the 'rectification procedure'.[15] Since Mr Campbell has failed to do either, I make this formal report to the Committee, in order that it may take such action as it sees fit.

5 July  Sir Philip Mawer



3   WE 1, p.13. Back

4   Mr Adams's letter refers to a meeting of the Select Committee on 7 November 2005 but there was no meeting of the Committee on that day. However, copies of the formal minutes of the Committee which he enclosed with his letter referred to meetings on the two dates I have mentioned. Back

5   "The Code of Conduct together with the Guide to the Rules relating to the Conduct of Members", HC 351, Session 2005-06. A similar provision was contained in previous editions of the Code. Back

6   The text of Paragraph 65 of the Guide to the Rules is reproduced in full at WE 2, p. 13-14. Back

7   Reproduced at WE 8, p. 17. Back

8   See the third bullet point in paragraph 65 of the Guide to the Rules, WE 2, p. 13. Back

9   Ibid. Back

10   The text of my letter is at WE 3, p. 14. At WE 4, p. 15, is the text of a further letter I sent Mr Campbell on 16 May, correcting an error in my earlier letter in respect of one aspect of the complaint against him. Back

11   WE 5, p. 15. Back

12   The text of Mr Campbell's response is at WE 6, p. 16. Back

13   The text of my letter to Mr Campbell of 21 June and of his reply of 3 July is at WE 7, p. 16, and 8, p. 17 respectively. Back

14   WE 5, p. 15-16. Back

15   By exercising the discretion given me by the House under Standing Order No. 150(3)(a), Back


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2007
Prepared 26 July 2007