House of Commons Committee on Standards and Privileges Mr Harry Cohen Seventh Report of Session 2009–10 HC 310 House of Commons Committee on Standards and Privileges Mr Harry Cohen Seventh Report of Session 2009–10 Report and Appendices, together with formal minutes Ordered by The House of Commons to be printed 19 January 2009 HC 310 Published on 22 January 2009 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Committee on Standards and Privileges The Committee on Standards and Privileges is appointed by the House of Commons to oversee the work of the Parliamentary Commissioner for Standards; to examine the arrangements proposed by the Commissioner for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interest established by the House; to review from time to time the form and content of those registers; to consider any specific complaints made in relation to the registering or declaring of interests referred to it by the Commissioner; to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in the Code of Conduct which have been drawn to the Committee’s attention by the Commissioner; and to recommend any modifications to the Code of Conduct as may from time to time appear to be necessary. Current membership Rt hon Sir Malcolm Rifkind MP (Conservative, Kensington & Chelsea) (Chairman) Rt hon Kevin Barron MP (Labour, Rother Valley) Mr Andrew Dismore MP (Labour, Hendon) Nick Harvey MP (Liberal Democrat, North Devon) Rt hon Greg Knight MP (Conservative, East Yorkshire) Mr Elfyn Llwyd MP (Plaid Cymru, Meirionnydd Nant Conwy) Mr Chris Mullin MP (Labour, Sunderland South) The hon Nicholas Soames MP (Conservative, Mid Sussex) Mr Paddy Tipping MP (Labour, Sherwood) Dr Alan Whitehead MP (Labour, Southampton Test) Powers The constitution and powers of the Committee are set out in Standing Order No. 149. In particular, the Committee has power to order the attendance of any Member of Parliament before the committee and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of the Commissioner, be laid before the Committee. The Committee has power to refuse to allow its public proceedings to be broadcast. The Law Officers, if they are Members of Parliament, may attend and take part in the Committee’s proceedings, but may not vote. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at: www.parliament.uk/sandp. Committee staff The current staff of the Committee are Mr Steve Priestley (Clerk), Miss Rhiannon Hollis (Second Clerk) and Ms Jane Cooper (Committee Assistant). Contacts All correspondence should be addressed to The Clerk of the Committee on Standards and Privileges, Journal Office, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 6615. Mr Harry Cohen 1 Contents Report Page Harry Cohen 3 Introduction 3 The Commissioner’s findings 3 Mr Cohen’s evidence 7 Conclusions 7 Recommendation 8 Appendix 1: Memorandum from the Parliamentary Commissioner for Standards 10 Complaints against Mr Harry Cohen MP 12 Written evidence received by the Parliamentary Commissioner for Standards 58 Appendix 2: Statement to the Standards and Privileges Committee Members by Harry Cohen MP 114 Formal Minutes 118 Mr Harry Cohen 3 Harry Cohen Introduction 1. In March 2009, a national newspaper reported that over a five-year period the Member for Leyton and Wanstead, Harry Cohen, had claimed more than £100,000 against the Additional Costs Allowance (ACA) for his designated second home in his constituency, having identified as his main home a house in Colchester, Essex.1 A complaint was made by Mr Michael Barnbrook, based on the newspaper story but also pointing out entries by Mr Cohen in the Register of Members’ Financial Interests to the effect that he owned and in one year received rental income from a property in Colchester.2 2. The Parliamentary Commissioner for Standards carried out an investigation into this complaint and has sent us a memorandum, reporting his findings.3 In the usual way, we provided a copy of this memorandum to Mr Cohen, who has submitted his own evidence.4 Both the Commissioner’s memorandum and Mr Cohen’s written evidence are appended to this Report. The Commissioner’s findings 3. The Commissioner has set out his basic findings of fact, as follows: Mr Cohen has a property in Colchester which he purchased jointly with his wife in 1998. Mr Cohen has consistently designated this property as his main home throughout the period of this inquiry, covering the financial years 2002–03 to 2008–09 inclusive. Mr Cohen has made claims against parliamentary allowances for his second or additional home, which has been a succession of properties in his constituency. Mr Cohen has never made any claim against parliamentary allowances in respect of his Colchester home. During the period Mr and Mrs Cohen also owned two seaside caravans and a beach hut. He has never made any claim against the allowances in respect of these.5 Mr Cohen claimed the maximum amount of Additional Costs Allowance in respect of his constituency home in each year of this period.6 4. The Commissioner’s memorandum sets out the series of debilitating health-related incidents that befell Mrs Cohen at frequent intervals from 2003, including a stroke in March 2004.7 Mr and Mrs Cohen felt that they had to spend more time at their constituency home from 2003, in order that Mr Cohen could care for his wife while 1 Appendix 1, WE1 2 Appendix 1, WE2 3 Appendix 1 4 Appendix 2 5 Appendix 1, paragraph 123 6 Appendix 1, paragraph 124 7 Appendix 1, paragraph 128 4 Mr Harry Cohen continuing to carry out his Parliamentary duties and to make it easier for Mrs Cohen to receive necessary medical treatment at a specialist hospital in North London. 5. Before June 2003, Members were given no guidance on the designation of their main home for allowance purposes. From June 2003 until 2009, the guidance stated that the identification of a main home would normally be a matter of fact. Where a Member had more than one home, the main home was normally where a Member spent most nights. The Commissioner notes—as Mr Cohen has pointed out and as this Committee has previously accepted—that the term “normally” implies that there may be exceptions.8 Mr Cohen suggested to the Commissioner that his wife’s medical condition and his own need to combine caring for her with his work as a busy Member of Parliament created just such an exception.9 6. In 2002–03, Mr Cohen spent more nights at his Colchester house than at his constituency property and, although there was no overnight test at the time, the Commissioner accepts that this helps to substantiate Mr Cohen’s designation of the house in Colchester as his main home.10 Towards the end of 2003–04, by when the effects of Mrs Cohen’s series of poor health episodes had become particularly severe, the property had been let, but it appears there was no expectation that this was to turn into a long-term arrangement. The Commissioner has concluded that, in all the circumstances … it was acceptable for Mr Cohen not to change the identification of his main home in 2003–04 and to keep it as his house in Colchester.11 7. Unfortunately, Mrs Cohen’s health did not fully recover and the Cohens therefore continued to live mostly in the constituency, letting the Colchester house for periods but always hoping to return there. From early 2004 until August 2008, Mr Cohen periodically let the Colchester house on 6-month leases. The property was let for all of 2005–06 and for the majority of 2004–05 and 2007–08. It was let for parts of 2003–04, 2006–07 and 2008– 09.12 Mr Cohen told the Commissioner that the net receipts from this arrangement were £2,837 over the period 2004 to 2008.13 8. In 2001, Mr Cohen registered the fact that he owned, and had received rental income from the Colchester property. He did not subsequently declare any further income, as he should have done. It was Mr Cohen himself who drew this omission to the Commissioner’s attention; non-registration did not form part of the original complaint.14 The Commissioner concludes: 8 Appendix 1, paragraph 154 9 Appendix 1, paragraphs 37, 72, 73, 110, 133 et al 10 Appendix 1, paragraph 155 11 Appendix 1, paragraph 156 12 Appendix 1, paragraph 127 13 Appendix 1, paragraph 17 and WE9 14 Appendix 1, paragraph 129 Mr Harry Cohen 5 Mr Cohen was in breach of the rules in relation to the registration of Members’ financial interests in not registering his Colchester house and the fact that he received substantial rental income from it in each year from 2004 to 2008 inclusive.15 Mr Cohen has apologised for this breach and has now made an appropriate entry in the Register of Members’ Financial Interests.16 9. According to the best estimate that it has been possible for Mr Cohen to make in the absence of proper records, in 2002–03 he spent 55% of nights in his designated main home—in Colchester—and in 2003–04 he spent 45% of nights there. In 2005–06, Mr Cohen did not stay in his designated main home at all.