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Mr Steve Mccabe MP: Resolution Letter

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Mr Steve Mccabe MP: Resolution Letter 1 Complaints rectified 2009-10 Mr Steve McCabe MP: Resolution Letter Letter to Councillor Nigel Dawkins from the Commissioner, 5 January 2010 I have now concluded my consideration of the complaint you sent me on 15 May about the circulation by Mr Steve McCabe MP of his Parliamentary Report for 2009. In essence, the complaint which I accepted from you was that Mr McCabe circulated his Parliamentary Report funded from the Communications Allowance to people outside his current constituency, contrary to the rules of the House. I did not accept for inquiry your complaint about Mr McCabe’s freepost address. I have consulted Mr McCabe and the House authorities about your complaint and, as you know, requested, but did not receive, further evidence from you about the distribution of Mr McCabe's report. I have established that Mr McCabe prepared a Parliamentary Report for the spring of 2009 for distribution to his constituents. The content of the report was agreed in advance by the House authorities as suitable for Parliamentary funding. Mr McCabe’s Parliamentary Report was distributed across his constituency. It was prepared by Mr McCabe himself. The cost of printing the report was met from Mr McCabe’s Communications Allowance. It was delivered by volunteers. There is no evidence that Mr McCabe’s Parliamentary Report was distributed outside his current constituency. Mr McCabe also produced an Annual Report in terms similar to his Parliamentary Report, which he distributed to the wards of Bournville and Selly Oak, which are not part of his present constituency. This report gave different contact details for Mr McCabe, and made no reference to the surgeries which he held within his constituency and which were included in his parliamentary report. In the course of my inquiries, I have identified that a mistake was made in the funding of this annual report. Mr McCabe intended that the printing costs would be met by the Labour Party and accordingly the Labour Party paid for the cost of printing that report. However, the invoice from the printers which, contrary to what Mr McCabe had expected, covered the cost of printing both reports, was submitted also to the House Authorities who therefore paid the costs of printing both, with the effect that the printers were paid twice. Mr McCabe was not aware of this until it was identified by the House Authorities during the course of this inquiry. Mr McCabe immediately secured a refund from the printers which they sent to the House Authorities. Neither Mr McCabe nor the Labour Party benefited financially from this error. Whilst this was not part of your complaint, my conclusion therefore is that Mr McCabe was in breach of the rules of the House in that parliamentary funds were used, albeit unintentionally, for non‐parliamentary purposes, namely the printing of a report intended for distribution outside Mr McCabe's constituency. Were it not for that mistake, I do not consider that there would have been a breach of the rules. It is open to a Member of Parliament to campaign outside their current constituency by circulating communications to people living in those areas, as long as parliamentary resources are not used for this purpose. I do not consider that it is outside the rules of the House for a Member of Parliament to identify him or herself as such in campaigning communications, or to identify in such communications the work they are currently doing as a Member of Parliament. Mr McCabe has readily accepted that he was inadvertently in breach of the rules of the House in initially claiming from parliamentary resources for the printing of his Annual Report, for which the Labour Party had separately paid. The overpayment to the printers has been paid back to the authorities.1 Mr McCabe has apologised for the error. While this was not part of your complaint, which I have not upheld, I consider Mr McCabe’s response to have satisfactorily resolved this issue and I now the regard the matter as closed. I will report the outcome briefly to the Committee on Standards and Privileges. I am copying this letter to Mr Steve McCabe MP. 1 £829 2 Complaints rectified 2009-10 5 January 2010 3 Complaints rectified 2009-10 Mr Steve McCabe MP: Written evidence 1. Letter to the Commissioner from Councillor Nigel Dawkins, 15 May 2009 I would be grateful if you could investigate the following issue. Steve McCabe is the MP for Hall Green in Birmingham. He is also the Labour candidate for Birmingham Selly Oak at the next election. Birmingham Selly Oak only contains 2 wards from the existing Hall Green because of boundary changes. Therefore in 2 wards in Birmingham Selly Oak Steve McCabe is the candidate but not the MP. Yet he is putting out a leaflet, distributed into the 2 wards that he is not an MP for; namely the Bournville and Selly Oak wards which gives the clear impression to the electorate in those 2 wards that he is their MP. It has also been paid for using his parliamentary communications allowance. The latest example is entitled STEVE MCCABE MP Parliamentary Report 2009. It also contains on the cover the parliamentary logo. The leaflet details the things he is up to. It is a 4 page 4 colour document. No mention of Labour and no mention that he is only a candidate. In my view he is misleading the electorate in the 2 wards where this leaflet is being distributed. My interest is not only as a voter in the Bournville Ward but I am also the parliamentary candidate for the Conservative Party in the Birmingham Selly Oak constituency. I would be grateful if this could be investigated as quickly as possible. 15 May 2009 4 Complaints rectified 2009-10 2. Mr Steve McCabe MP, Parliamentary Report 2009 5 Complaints rectified 2009-10 6 Complaints rectified 2009-10 7 Complaints rectified 2009-10 8 Complaints rectified 2009-10 3. Letter to Councillor Nigel Dawkins from the Commissioner, 20 May 2009 Thank you for your letter of 15 May with your complaint against Mr Steve McCabe MP about the circulation of his recent parliamentary report for 2009. In essence your complaint is that Mr McCabe circulated his parliamentary report funded from the Communications Allowance to people outside his current constituency, contrary to the rules of the House. I have not accepted your suggestion that Mr McCabe should have identified his political party or identified himself as a prospective candidate for the new constituency of Birmingham Selly Oak, since such material would not be acceptable in a parliamentary report or newsletter funded from the Communications Allowance. I enclose a note which sets out the procedures I follow. I am writing to the Member to let him know that I have accepted your complaint and inviting his comments on it. When I have received his response, I shall consider how best to proceed. 20 May 2009 4. Letter to Mr Steve McCabe MP from the Commissioner, 20 May 2009 I would welcome your help on a complaint I have received from Councillor Nigel Dawkins about the circulation of your Parliamentary report for the Spring of 2009. I enclose a copy of Mr Dawkins’ letter of 15 May. I have not enclosed a copy of the Parliamentary report which he attached in the letter since I presume you have it already. In essence, Mr Dawkins’ complaint is that you have circulated your Parliamentary report funded from the Communications Allowance to people outside your current constituency, contrary to the rules of the House. I have not accepted Mr Dawkins’ suggestion that you should have identified your political party or yourself as a prospective candidate for the new constituency of Birmingham Selly Oak, since such material would not be acceptable in a Parliamentary report or newsletter funded from the Communications Allowance. The Code of Conduct for Members of Parliament provides in paragraph 14 as follows: “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.” For the purposes of your Parliamentary report, and given its reference to the Communications Allowance, I am assuming that the Parliamentary report was funded from your Communications Allowance for 2008‐09. In that case the rules which apply are set out in the April 2007 booklet entitled “The Communications Allowance and the use of House Stationery”. If, however, you intend to fund or have funded this report from your Communications Expenditure for 2009‐10, then the new Green Book which came into effect on 1 April 2009 would apply. If that is the case, and you would like me to identify the relevant rules in the new Green Book. please let me know. The April 2007 rules set out in the booklet, “The Communications Allowance and the use of House Stationery” provided in Appendix 1 a new Section 6 to the Green Book for July 2006. Paragraph 6.1.1 sets out the scope and purpose of the Allowance as follows: “6.1.1. Scope and purpose of the allowance The Communications Allowance (CA) is available to meet the cost of Members engaging proactively with their constituents through a variety of media. It can be used for the production of unsolicited communications within the parameters set out in this Section. The CA may only be used to help Members inform their constituents about what they have been doing and to consult them on issues of importance to them locally.
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