Appendix 2: Memorandum from Mr Stephen
Byers to the Committee, 30 November
2009
I do not wish to repeat the points I have already
made to the Commissioner during the course of his inquiry. In
particular, my views about the three articles under consideration
are clearly set out.
There are two matters that I wish to draw to the
Committee's attention. First, in what circumstances, if any, can
the Commissioner widen his Inquiry beyond those specific issues
that have been complained of?
My understanding is that the House has given the
Commissioner the authority to investigate those matters about
which a complaint has been received. In this case he has chosen
to go beyond this and investigate articles about which no complaint
has been made.
The danger and unfairness of this approach are clear
in this case. The original complaint concerned the article on
housing; the Commissioner raised questions about the NHS article
and then six months after the Inquiry began the Director of Operations
raised issues concerning a third article.
I do think it would be helpful if the Committee would
clarify the exact powers the Commissioner has.
I feel I must also draw the Committee's attention
to the conduct of the complainant. Procedural Note 2 on "Complaining
Against an MP" makes it clear at paragraph 16 that the Committee,
"deprecates the making of statements to the press by complainants
while an inquiry is in progress. Publication or disclosure of
evidence or correspondence to anyone other than the Commissioner
or Committee without the Committee's agreement would be a contempt
of the House."
In fact the complainant did disclose evidence and
correspondence. As a consequence the press were contacted (see
Newcastle Journal 5 May 2009 page 7).
This is a clear contempt of the House which was compounded
by the complainant's failure to respond to the Commissioner's
letter to him of 9 July.
I hope the Committee will consider looking into this
matter.
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