Mr Simon Danczuk 1
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Mr Simon Danczuk 1 Contents 1. Letter from Mr Paul Turner-Mitchell, 23 October 2014 2 2. Letter from the Commissioner to Mr Paul Turner-Mitchell, 30 October 2014 4 3. Letter from the Commissioner to Mr Simon Danczuk MP, 30 October 2014 4 4. Letter from Mr Simon Danczuk MP to the Commissioner, 18 November 2014 7 5. Letter from the Commissioner to the Registrar, 24 November 2014 8 6. Letter from the Commissioner to Mr Simon Danczuk MP, 24 November 2014 9 7. Letter from the Registrar to the Commissioner, 26 November 2014 9 8. Enclosures to letter of 26 Nov ember 2014 10 9. Letter from the Commissioner to Mr Simon Danczuk MP, 16 December 2014 13 10. Letter from the Commissioner to Mr Simon Danczuk MP, 12 January 2015 14 11. Email from Mr Danczuk MP to the Commissioner, 14 January 2015 16 12. Email from the Commissioner’s office to Mr Danczuk MP, 14 January 2015 17 13. Email from Mr Danczuk MP’s office to the Commissioner’s office, 26 January 201517 14. Email from the Commissioner’s office to Mr Danczuk’s office, 26 January 2015 17 15. Telephone call from the Commissioner’s office to Mr Danczuk’s office, 29 January 2015 18 16. Email from Mr Danczuk MP to the Commissioner, 29 January 2015 18 17. Letter from the Commissioner to Mr Danczuk MP, 2 February 2015 20 18. Extract from the Register of Members’ Financial Interests as of 6 January 2015 20 19. Email from the Commissioner’s office to Mr Danczuk MP, 16 February 2015 22 20. Email from Mr Danczuk MP to the Assistant Registrar, 20 February 2015 22 21. Transcript of oral evidence: 10 February 2015 23 Mr Simon Danczuk 2 1. Letter from Mr Paul Turner-Mitchell, 23 October 2014 I wish to make a formal complaint that the above named Member has failed to comply with the Code of Conduct and its associated rules. On or around 16 April 2014 the above named Member and his Senior Parliamentary Aide , Matthew Baker, had published a book ‘Smile for the Camera: The Double Life of Cyril Smith’ by Biteback Publishing. However, prior thereto, the Daily Mail serialised the said book with a number of consecutive front page stories. I was told by Mr Baker when he was writing the book that he co-authored that the revenue derived from both the serialisation and the royalties from publication would be split equally between himself and the Member. Upon commencement of the serialisation by the Daily Mail, Mr Baker who was a former close friend, advised me personally that the rights had been sold for substantial and significant sum of money which would be paid under contract 3 months later. In July 2014, I personally spoke with Mr Baker who advised me that they have at that juncture received collectively between them the sum of £30,000.00. The Member has, so far, refused to answer constituents regarding the said payment. Paragraph 13 of the Code of Conduct expressly provides “Members of Parliament are required to complete a registration form and submit it to the Commissioner within one month of their election to the House….After the initial publication of the Register… it is the responsibility of Members to notify changes in their registrable interests within four weeks of each change occurring.” The Member therefore in compliance with the Code, had 4 weeks to declare the payment. Having perused and considered the latest online update, to date, the Members has so far failed, refused and/or neglected to make disclosure in breach of the Code of Conduct. This Member has worked tirelessly exposing sexual abuse and pursuing the case of justice for Mr Simon Danczuk 3 the victims. He should be commended for that. However, in terms of independent enquiries and the like, he has been explicit in his views for the need for openness and transparency. Such openness and transparency must, given the Code of Conduct, apply to declarations but in this particular case, the Member must show the same openness and transparency that he is campaigning for to the actual victims himself which he has failed to do. In an interview with the online press locally at the book launch, the following question and answer was asked/given: RO “What do you intend to do with the financial proceeds from the book?” SD/MB “Some it will go to children’s charities.” http://www.rochdaleonline.co.uk/news-features/2/news-headlines/86655/cyril-smith- book-an-interview-with-authors-simon-danczuk-and-matt-baker The non-declaration of the proceeds from serialisation is a serious concern given the pledge made within the constituency that some of it would go to children’s charities. I hope the Commissioner will also be able to establish over and above the non-declaration, how much exactly of the £30,000.00 has/will be given to children’s charities, the name of the said charity or charities and the date of any payments. Victims of child abuse deserve the same openness and transparency from Mr Danczuk over his financial affairs that, for example, he is demanding of Fiona Woolf of the Chair of the Government’s independent inquiry. 23 October 2014 Mr Simon Danczuk 4 2. Letter from the Commissioner to Mr Paul Turner-Mitchell, 30 October 2014 Thank you for your letter of 23 October 2014 with your complaint concerning Mr Danczuk in respect of the registration and declaration of his financial interests. I have decided to begin an inquiry into your allegation. In essence, the allegation I have accepted for investigation is that Mr Danczuk has failed to register in the Register of Members’ Financial Interests, within the 28 days determined by the House, receipt of remuneration in connection with the publication and serialisation of a book ‘Smile for the Camera’. I enclose a note which sets out the procedure I follow. I have written to the Member, enclosing a copy of your letter, to invite his comments. When I have his response, I will decide how best to proceed. Your letter of 23 October is now part of the evidence for this inquiry. While my inquiry is ongoing the information used in the inquiry has parliamentary privilege. This means it should not be disclosed, in any form, to third parties. That bar on disclosure will lapse only after the House has had the opportunity to consider it. You should not circulate the contents of our correspondence (including any emails exchanged with my office) more widely. Although I will, in the next few days, include on my parliamentary web pages the fact that I am conducting an inquiry into allegations against Mr Danczuk, I will not give progress reports during the course of my inquiry. I will be in touch again when my inquiry is complete. 30 October 2014 3. Letter from the Commissioner to Mr Simon Danczuk MP, 30 October 2014 I would welcome your help on a complaint which I have received from Mr Turner-Mitchell in respect of the registration of your financial interests. Mr Simon Danczuk 5 I enclose a copy of Mr Turner-Mitchell’s letter of 23 October 2014. In essence, the allegation I have accepted for investigation is that you have failed to register in the Register of Members’ Financial Interests, within the 28 days determined by the House, receipt of remuneration in connection with the publication and serialisation of a book ‘Smile for the Camera’. The Code of Conduct for Members of Parliament approved by the House on 12 March 2012 provides in paragraph 13 as follows: “Members shall fulfil conscientiously the requirements of the House in respect of the registration of interests in the Register of Members' Financial Interests. They shall always be open and frank in drawing attention to any relevant interest in any proceeding of the House or its Committees, and in any communications with Ministers, Members, public officials or public office holders.” The rules relating to the registration of Members’ interests are set out in chapter 1 of the Guide to the Rules relating to the conduct of Members. Chapter 1 of the Guide identifies the categories of registrable interest. In the 2009 Guide, which is still current, Category 2 defines Remunerated employment, office, profession, etc. as follows: “Employment, office, trade, profession or vocation (apart from membership of the House or ministerial office) which is remunerated or in which the Member has any financial interest….” Paragraph 24 says: “All employment outside the House and any sources of remuneration which do not fall clearly within any other Category should be registered here. Members must register under this category the precise amount of each individual payment made, the nature of the work carried on in return for that payment, the number of hours worked during the period to which that payment relates and (except where disclosure of the information would be contrary to any legal or established professional duty of privacy or confidentiality) the name and address of the person, organization or company making that payment.” Mr Simon Danczuk 6 Category 3 defines Clients: “In respect of any paid employment registered in Category 1 (Directorships) and Category 2 (Remunerated employment, office, profession, etc.), any provision to clients of services should be registered under this Category. All clients to which personal services are provided should be listed together with the nature of the client’s business in each case….” Paragraph 28 says: “Members must register under this category the precise amount of each individual payment made, the nature of the work carried on in return for that payment, the number of hours worked during the period to which that payment relates and (except where disclosure of the information would be contrary to any legal or established professional duty of privacy or confidentiality) the name and address of the person, organization or company making that payment.” Mr Turner-Mitchell alleges that you and the co-author of ‘Smile for the Camera’ received approximately £30,000 in connection with the publication and serialisation rights in July 2014.