Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
Submission to Parliamentary Commissioner for Standards
By Patrick Mercer OBE MP
10th July 2013
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
Contents
1 Introduction
2 Note on responses to Parliamentary Commissioner’s questions
3 Background to Australasia, Fiji and outside interests
4 Fiji
5 Personal issues [redacted]
6 ‘Alistair Andrews Communications’, ‘Daniel Mann’ and the timeline
of events
7 BBC Panorama [redacted]
8 Summary
APPENDIX 1 – Biography of Mr Patrick Mercer OBE MP [redacted]
APPENDIX 2 – List of issues from Parliamentary Commissioner [redacted]
APPENDIX 3 – Statement by Mr Paul Marsden
APPENDIX 4 – CMAG Statement on Fiji dated 28 September 2012
APPENDIX 5 – Paul Marsden Briefing dated 17 February 2013 [redacted]
APPENDIX 6 – Statement by Mrs Cait Mercer [redacted]
APPENDIX 7 – Statement by Mr Mercer’s Parliamentary Assistant [redacted]
APPENDIX 8 – Paul Marsden Briefing dated 7 March 2013
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
APPENDIX 9 – Patrick Mercer memo to AAC dated 16 March 2013
APPENDIX 10 – Paul Marsden’s briefing on the inquiry report sent to AAC dated 15
April 2013
APPENDIX 11 – Correspondence between Snapper TV, Telegraph and Harbottle &
Lewis solicitors.
APPENDIX 12 – Transcript and commentary on BBC Panorama/Snapper TV broadcast
on 6 June 2013 [redacted]
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
1 Introduction
This submission follows my public self-referral to you and provides my evidence to the inquiry over allegations made by BBC Panorama, the Daily Telegraph and their associates including Snapper TV who were commissioned to make the programme.
I declare that to the best of my knowledge and belief, the information herein is true, correct and complete. I have attached a brief biography of me to give you an outline of my career, background and my interests (Appendix 1).
If you have any queries or require further information, please do not hesitate to contact me. I wish to make clear that I will fully co-operate with your inquiry and provide all the information you need to come to a conclusion. As you can imagine I have a full diary as a Member of Parliament and a high level of commitments and responsibilities to my family and constituents but I will endeavour to prioritise any requests to assist your inquiry.
It is also very important to make clear from the outset that I have acted in good faith to my conscience as a Member of Parliament and in the best interests of my constituents and specifically given the allegations, the people of Fiji. As someone who has taken an interest in the welfare of
Fijians dating back to 2000, I have a long track record of supporting a better quality of life for their soldiers who have a distinguished record in the British Army.
At no stage, have I undertaken “paid advocacy” nor carried out the whims and demands of a client. I have acted in accordance with the seven principles of conduct for Members of Parliament.
It is crucial to point out that the BBC Panorama programme that lasted 60 minutes only specifically covered me for around 40 minutes. The remaining 20 minutes referred to other individuals and other matters. Within the time frame of 40 minutes, footage showing me that was broadcast amounted to just 14 minutes 42 seconds. However, I held meetings and telephone conversations
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP with representatives purporting to be from ‘Alistair Andrews Communications’ (AAC), which lasted for over five hours. I note that BBC Panorama has refused to hand over copies to my solicitor of the four hours forty five minutes of video and audio tapes that was not broadcast, which would shed new and revealing light on the context and the specifics of what I discussed with AAC. I am very disappointed that the programme is withholding important evidence and has chosen to use selected highlights to broadcast that were fundamentally biased and unfair and do not square with the facts. I ask that I be judged on the facts of the case and not on the journalist’s approach to choosing a story line and then looking for quotes and information to support that story.
I also must point out that at no stage did I know the identity of the end client because the journalist,
Daniel Foggo purporting to be ‘Daniel Mann’, would not tell me. I repeatedly asked who were the individuals within the ‘Society of Friends of Fiji’ and any hints that there were connections with the
Government of Fiji were opaque. I asked Mr Foggo to tell me the names of his client(s) and he obfuscated and misled me. There were vague references to business interests but nothing more. The programme does not show me being exasperated that he would not tell me and I believed that he represented clients with various interests including business, defence and security interests.
The programme and subsequent coverage in the Telegraph suggests a simple case of a false consultancy being set up ostensibly working for the military junta in Fiji to approach a Member of
Parliament to do their bidding. The programme then suggests that I will take money to do whatever the military junta dictates to assist them to return to the Commonwealth presumably for the advantage of individuals in the government. The programme presents it as an ‘open and shut’ case of corruption as part of the wider demands for action on the Prime Minister about lobbyists.
The truth has no connection with this narrative. I ask that you will carefully judge the evidence and I am very confident that it will demonstrate that I acted in good faith and in accordance with the rules of the House.
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
2 Note on responses to Parliamentary Commissioner’s questions
I want to ensure that I have accurately distilled the information you are seeking in order fully to deal with the allegations. If I have missed something, it is only through my misunderstanding and I would ask that you clarify what information you need and I will immediately supply it to you. Appendix 2 provides my understanding of your questions and requests and provides cross references to allow an easy reading of my response with your letter.
3 Background to Australasia, Fiji and outside interests
I only undertake outside interests where they are ethical and in accordance with the letter and spirit of the Code of Conduct for Members of Parliament.
One such area of interest is pursuing my passion for writing including novels, military history and newspaper articles and I transparently and in accordance with the rules, declare all such payments in the Register for Members Financial Interests.
In addition, I take on an outside interest if it a) assists my constituents, b) assists me in pursuing campaigns and issues regarding defence and security matters given my previous career as a colonel in the British Army and c) where there are legitimate issues in the business community, charities, and overseas countries where I can further human rights, jobs and quality of life issues. As the
Secretary to the All Party Parliamentary Group on Human Rights I have taken an active interest and lent support to many human rights campaigns.
I have held a long standing interest in Australasia since I was sent to East Timor in 2000 to assist with the writing of that nation’s defence policy. In addition, in July 2000 after I left the army, I wrote a series of articles as a journalist, inside the country. I was also very interested in Fiji and Fijian soldiers since I designed their recruitment and training when I served in the Army and Recruiting Training
Agency.
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As such, it should be no surprise that I have tabled parliamentary questions and spoken out publicly about Australasia and Fiji in particular, as a Member of Parliament. It is important to note that Fiji is not a large country and it is highly unlikely that a Member of Parliament would show a public interest in the country, unless they had a genuine concern about the country.
On 21 November 2002, I asked the following question in the House of Commons (Hansard Column
217W)
Fijian Soldiers
Patrick Mercer: To ask the Secretary of State for Defence what plans he has to make it easier
for Fijian soldiers serving in British regiments to travel freely while on leave. [80698]
Mr. Ingram: Fijian personnel serving in the British Army may travel on leave within the
United Kingdom without restriction. Those who wish to travel abroad during their leave
periods, other than to their country of origin, are subject to the same visa and entry
requirements as other Fijian nationals travelling abroad. Visa and entry requirements are
constantly changing and may only be guaranteed by the embassy, consulate or high
commission of the country an individual wishes to enter.
There are no specific plans, at present, to make any changes in this regard.
[Source: Hansard 21 November 2002]
On 21 November 2004, I spoke out against plans by the Ministry of Defence to demand that Fijian soldiers be allowed to take up British citizenship.
Mr Mercer, the Tory shadow minister for homeland security, said: "The security aspects are
nonsensical. Why would any al-Qaeda 'sleeper' who has bothered to get himself into the
Armed Forces blanch at this extra piece of bureaucracy?"
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[Source: Telegraph, 21 November 2004]
On 30 January 2009, I campaigned for the reinstatement of recruiting soldiers from the
Commonwealth and specifically Fiji, when the Ministry of Defence was suggesting a reduction:-
Mr Mercer said, “The manning crisis in the Army is terribly serious. It's ridiculous to cut off a
recruitment option.”
[Source: Daily Mail 30 January 2009]
4 Fiji
I develop projects to assist my constituents of Newark and pursue legitimate concerns around the globe according to my conscience as a Member of Parliament. Among my business associates I correspond and occasionally meet with Paul Marsden (Witness Statement, Paul Marsden - Appendix
3) who is a former MP. I spoke with Paul on, I believe, 14 November 2012 about looking at the region of Australasia. We had previously worked together last year on a potential not-for-profit organisation, the British Iraq Foundation and in the course of the conversation Paul asked me if I had links or interests in the region of Australasia. We actively discussed East Timor and Fiji. Paul had worked on a security tender in East Timor in the past and mentioned to me the Commonwealth
Ministers Action Group statement (CMAG) on Fiji dated 28 September 2012.
The CMAG (Appendix 4) stated:
“CMAG reiterated its commitment to supporting and encouraging Fiji’s reinstatement as a full member
of the Commonwealth family, through the restoration of civilian constitutional democracy.”
I was very interested given my interest in Fijian soldiers. We had no definitive plans or ideas but wanted to pursue a way of helping the populace of Fiji. Given the Commonwealth Ministers were actively encouraging a re-admittance of Fiji to the Commonwealth, if it restored democracy, I was relaxed about identifying a way to pursue a campaign to help the people of Fiji.
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On 17 December 2012 I spoke to Paul by telephone and the subject of Fiji arose again amongst other issues. Paul stated that he could not find a registration for an APPG on Fiji, which was unusual as most countries had registered groups of parliamentarians. I mentioned the sugar connection and said I was concerned that Fiji was a direct competitor to Newark, which has a small but very important sugar processing plant and suggested that perhaps there was a way that I could assist both the economy of Fiji whilst protecting the interests of Newark. Paul and I discussed the situation about the military government but we were reassured that the Commonwealth Ministers had actively promoted a dialogue with the country and steps appeared to be taken to progress Fiji back towards democracy.
Given my interest in Australasia having served in East Timor and being stationed there as a journalist and my concern, affection and appreciation for the soldiers of Fiji serving in the British Army, I was evolving an idea of creating a new group to look at the region. As I spoke to Paul, I settled on Fiji and subsequently decided that I would prefer Fiji has a project to explore further. Given we were close to
Christmas, we didn’t discuss the issue further for several weeks.
On or around 17 February 2013, I held a telephone conversation with Paul and we covered various issues including Fiji. Paul had researched a potential plan (Appendix 5) to create a UK Fiji Foundation and an All Party Parliamentary Group on Fiji. The reasons for the proposal was to ensure that any contact with outside interests would be screened and vetted by the Foundation, which would become a registered UK charity or registered UK company and only ethical funding would be solicited and received. In addition, it protected the APPG from any lobbying or influence by anyone. I specifically wanted to ensure that there was a differentiation between a privately, run organisation such as a charity complying with the rules of the Charity Commission or a UK registered company complying for Companies House rules and an APPG complying with the rules of Parliament.
Paul’s briefing states:-
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A UK All Party Parliamentary Group (APPG) must conform to the 26 page rule book and
ensure that it registers financial and benefits in kind. Given the media interest, an APPG must
tread very carefully to not only conform to the letter and spirit of the rules but be seen to be
above reproach. A country group for Fiji may be scrutinised by sections of the press and will
need seasoned political handling at every turn, to ensure that it builds a reputation for cross
party, balanced and strictly ethical work.
By creating a new UK-Fiji Foundation, there is a freedom to work without the strict confines
of an APPG and the ability to maintain privacy on sensitive matters. It can create a ‘blind’
trust to ensure that it operates without fear or favour.
Whether a Foundation was needed or would have been created was not finally decided and
we were only at the ideas stage of working out the best options to make the project a
success. It’s not possible now to identify a preferred method. The key point is that we had
undertaken a serious amount of research, planning and preparation well before AAC arrived
on the scene.
There is a clear audit trail demonstrable by handwritten and typed notes that show I had
commenced looking at an APPG on Fiji five months before Daniel Mann and Alistair Andrews
Communications first contacted me. Furthermore, my association and interest in Fiji and the
region dates back to 1998 and I have previously tabled a parliamentary question and given
press statements on specifically Fiji over the course of the past 15 years. As such, I was not
acting ‘under instruction’ by AAC or anyone else to create an APPG on Fiji, table an early day
motion or ask parliamentary questions.
5 Personal issues [most of this section has been redacted, but the following extracts are relevant and have been quoted in the memorandum]
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[ … ] We genuinely believed that all declarations and registrations had been made and it
wasn’t until I received the letter on 28th May from Snapper TV that after investigation, we
realised that [we] had not registered the payment of the first two thousand pounds received
on 15th April. I immediately registered both the payment of two thousand pounds on 15th
April and two thousand pounds on 15th May 2013. However, I must point out that I reconcile
the bank statements most months and I was due to reconcile the statements at the end of
May. I am confident I would have seen the payments and I would therefore have checked
that the declarations had been made by 31st May, if there had been no media story.
[ … ] I was heavily distracted during this period when I should have been supervising my staff.
However, I still take full responsibility for failing to follow through but it was a management oversight and nothing more.
6 ‘Alistair Andrews Communications’, ‘Daniel Mann’ and the timeline of events
On 6th March 2013, I received an unsolicited telephone call on my private mobile phone
from someone claiming to be ‘Daniel Mann’ from a company called ‘Alistair Andrews
Communications’. Since, it is my private mobile number, I assumed at the back of my mind
that it was either someone I knew or someone who knew someone else that I knew and had
given the number in confidence to Mr Mann. Clearly Daniel Foggo (the journalist calling
himself, ‘Daniel Mann’), abused the use of my private number to gain immediate access to
me rather than go through my offices in order to infer that he must somehow know
someone whom I could trust.
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As a Member of Parliament, I am approached every week by individuals working for
charities, businesses, central government, quangoes, local government and the private
sector. I undertake due diligence where there is the slightest suspicion but I have to assume
that those I meet are genuine. I might meet over one thousand people over the course of
the year and I have minimal resources to check every individual who asks to see me. There is
a place in our society for communications’ consultancies to approach Members of
Parliament who represent genuine clients and want to convey their views in a professional
manner to elected politicians. For example, national charities will sometimes employ
consultancies to run their campaigns or urge MP’s to back their causes.
When Mr Mann called me he mentioned remunerated work to do with Fiji and I was
concerned. Given I had already been discussing Fiji with Paul Marsden and he had been
making enquiries into the country, I found myself confronted with someone raising the
same subject. It crossed my mind that my phone or Paul’s phone could have even been
hacked or voicemails illegally accessed. Previously I have been contacted by the
Metropolitan Police Service to inform me that Glenn Mulcaire, a News of the World
journalist had hacked my phone in connection with my contact with a member of the Royal
Household. In addition, Paul Marsden has had grounds that his phone was hacked between
2001 and 2004.
I also wondered if this individual could be a journalist and my understanding was that if a
journalist is challenged they should identify themselves. I challenged Mr Mann and asked if
he was a journalist and he untruthfully said “No”. I asked him again if he was an
investigative journalist and again he said “No”. He wanted to meet and I agreed but given he
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had mentioned remunerated work, I felt it was completely inappropriate to meet within the
parliamentary estate and I insisted we meet in a neutral venue.
On 7th March 2013, Paul prepared a detailed briefing (Appendix 8) on a possible All Party
Parliamentary Group on Fiji based on previous research he had undertaken on the country.
Hence, the reason he could send such a comprehensive document so quickly. Paul and I
took initial steps to identify possible sources of independent funding from corporations such
as BT, BP, Virgin, Coca Cola etc. We did not get to the stage of securing such funding, as the
media story broke but Paul’s Briefing under Part 4 Funding sets out that we were actively
considering the options on how to professionally fund the APPG in its entirety, including my
consultancy fees. We were not beholden to AAC in order to progress this project. Paul’s
Briefing also makes clear that a) all consultancy fees would be declared in the Register of
Member’s Financial Interests and b) parliamentarians were entirely free to “table questions
to ministers, early day motions and petitions on any issue”, demonstrating once again that
no members, including myself were ‘under instruction’ from AAC and we would act as we
saw fit according to our conscience.
I had read and digested Paul’ Briefing over the next couple of days and the report sets out
very clearly the need for the APPG “to fully comply with the Rules on All Party Groups” as
per my instructions to Paul. The report also sets out concerns about the government of Fiji,
quoted from the CIA:
Re-elected in May 2006, QARASE was ousted in a December 2006 military coup led by Commodore Voreqe BAINIMARAMA, who initially appointed himself acting president but in January 2007 became interim prime minister.
Since taking power BAINIMARAMA has neutralized his opponents, crippled Fiji's democratic institutions, and initially refused to hold elections. In 2012, he promised to hold elections in 2014.”
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The report also references: “Amnesty urges investigation of Fiji torture video”.
A week later, on 13th March 2013, I met Mr Mann at AAC’s ‘offices’ at 16 Old Queen Street,
London (Meeting 1). After small talk Mr Mann raised the issue of Fiji and said that he represented the ‘Society of Friends of Fiji’. We discussed the geography of Fiji, the sugar industry and human rights. I was already aware of the existence of a video alleging human rights abuse based on Paul’s briefing and hence the reason why on camera, I appeared not
to take a strong interest. However, I told Mr Mann that I wanted to see the video and I
asked him to send me a copy, (which I subsequently did view and I was appalled at the
apparent scenes of civilians being attacked by other individuals who may have been police
officers).
I endeavoured to discover the identity of AAC’s client but Mr Mann would always switch the
conversation away from specifics. He only said that they were ‘a group of Fijian
businessmen’ and I could only conclude that he was bound by confidentiality until a later
date and that they represented a range of businesses. I insisted that I must meet
representatives of this Group before any inquiry that I was proposing, could begin.
I had already done the background work for an All Party Parliamentary Group (APPG) and an
outline for activities and I took the initiative to drive forward an APPG. I did not wish to reveal to Mr Mann that I had been already discussing this issue in detail with someone else.
Frankly, I assumed that I should play things close to my chest and I wanted to understand more about AAC and the suspicious Daniel Mann.
Contrary to the programme’s assertion, I strongly believed that the Group would be a force for good and urged that it be set up. I had already listed up to nineteen other Members who
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might be interested in joining the Group having thought about the issue for several weeks. I
told Mr Mann that the APPG had to be “meaningful”, since unfortunately some APPG’s in
parliament showed little activity. I also repeatedly told Mr Mann that the APPG had to be
“properly” managed and that it had to be ‘above board’ in every respect. The careful editing
of the programme removes such discussion and statements other than to try and glibly
brush away the subject through my course language describing ‘Guido Fawkes’ Blog.
We also discussed my fees of £500 per half day and discussed me working for two days per
month. I thought I had one other consultancy but in fact, the reference to another
consultancy was based on initial discussions with a company that came to nothing and I did
not sign another contract nor undertake any work for them.
I can’t recall the date but I spoke to Mr Mann and suggested that I table an Early Day
Motion based on the Commonwealth Ministers suggestion that Fiji could re-enter the
Commonwealth. Daniel agreed to draft the wording.
On 20th March 2013, I met Mr Mann (Meeting 2) at AAC’s ‘offices’ at 16 Old Queen Street,
London to review his drafted consultancy contract and the wording for an Early Day Motion.
The EDM was my idea and the main thrust of the EDM wording was based on my suggestion
to Mr Mann. I agreed that he could draft the wording to save time and allow me to edit it
(which I did). In line with the CMAG Statement I supported the re-entry of Fiji to the
Commonwealth after the re-establishment of democracy and the EDM highlight the
detrimental effect on the people and businesses of Fiji.
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The consultancy agreement was between AAC and me in my personal capacity and hence
‘MP’ was not included next to my name in the contract. This differentiated work I was doing
privately and work that I did in my role as a Member of Parliament.
However, my eye was immediately drawn to the wording regarding Fiji and I was not happy that in spite of earlier requests that my consultancy had a wider brief, Mr Mann was trying
to specify a very narrow remit. I insisted that the wording regarding the “suspension of Fiji
from the Commonwealth” be deleted. I believed I was dealing with an honest businessman who would be my client and I had no wish to argue or pick a fight with Mr Mann. Hence, I tried to stay calm but assertively reaffirm my understanding of the relationship by making clear that I was undertaking work on a wide range of issues including “defence, security and policing issues”.
I repeatedly explained to Mr Mann that the consultancy services were of a wide ranging nature and could not breach the rules of the House.
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I took my copy of the contract home with me and left it amongst a stack of other papers.
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At some point after the second meeting, Mr Mann raised the issue of tabling a
parliamentary question on business interests in Fiji. I can’t recall the exact details but in the
end I was not happy and I did not table any such question. I was determined to be in control
and decide which activities I was undertaking. With hindsight, Mr Mann was working
furiously to entrap me.
On 26th March 2013, I tabled the early day motion by personally sending to the Table Office.
On 2nd April 2013, I asked ***** from my office to find out about the mechanics of setting up an All Party Parliamentary group and he contacted the Assistant Registrar, Philippa
Wainwright and duly obtained a copy of the registration form.
On 15th April 2013, I met Mr Mann at the Marriott Hotel (Meeting 3) and we discussed a wide range of issues from the future of the UK Government to progress on the APPG. The hotel lobby was noisy and I am partially deaf in my right ear from a 400lb IRA bomb that exploded close to me in 1989 at Fords Cross, South Armagh. Subsequent, regular live firing has also diminished my hearing together with other incidents in Northern Ireland and I’m particularly susceptive to noisy environments. I was too embarrassed to keep asking Mr
Mann to repeat himself but there were times I could not accurately hear what he was saying.
I presented Mr Mann with a copy of the outline report written by Paul based on my conversation with him, “Road map for Fiji’s re-entry into the Commonwealth”.
The report stated:
“In order to establish credibility with the Commonwealth, Governments, media and public, it is essential that key parts of the opposition, media, churches and representatives of human
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rights organisations are met and listened to when taking evidence. If any presumptions or prejudging occurs before publication of an inquiry report, then the credibility will be destroyed. A robust approach would be taken to keeping the inquiry within timescales, budget and ethical protocols to ensure that the process is perceived as being professional and legitimate.”
The report also listed a number of witnesses that we would request to meet. However, the
programme carefully omitted that we had stated in the report that we wanted to meet:
• Amnesty International representatives • Fijian Opposition parties’ and Trades Unions’ representatives • Representatives of the media, NGO’s, Churches and religious minorities and business in Fiji
The TV programme gave a false impression that the inquiry would be a ‘done deal’ and we would deliver a recommendation to re-enter to the Commonwealth regardless of the facts.
This was simply untrue. The programme does not show me robustly explaining to Mr Mann that the report could not be a ‘whitewash’ and would only be useful if it was fair and balanced. In any case, I could not influence Paul to deliver any outcome and we were both determined to manage a professional inquiry throughout the process.
The programme makes much of my comment that: “as the chairman of the group I can assure you that we will get the conclusion that we want to get”. The ‘we’ refers to the APPG and not AAC. I make clear on camera that I would not be party to prejudging the outcome of the report.
I make no apology that we would seek to send copies of the report to Foreign and
Commonwealth Ministers and other influential decision makers. There would be no point in producing such a professional, credible report and not send it to the people who could make decisions.
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The point of the report was to identify the facts of the situation and pass on
recommendations based on the Commonwealth Ministers own statement expressly calling for the re-entry of Fiji to the Commonwealth.
The report contents were:-
1. Introduction 2. Overview of Fiji 3. Issues surrounding suspension of membership from The Commonwealth in 2009 4. Assessment of the current political situation in Fiji including draft constitution 5. Human rights 6. Freedom of expression 7. Assessment of the future of the economy and business 8. Civil society 9. Road map of entry back into The Commonwealth 10. Election protocols 11. Conclusions and recommendations Appendices: Inquiry Terms of Reference Maps Evidence and submissions
The APPG would become a valuable asset to the people of Fiji by setting how the terms for a
return to democracy and re-admittance to the Commonwealth.
The programme made no mention again that the inquiry would seek the views of civil
society and specifically human rights organisations. Conveniently Mr Foggo’s voiceover
ignored the robust wording throughout all the written documents that the inquiry would be
professionally managed and the outcomes would not under any circumstance be pre-
judged. The intention was that Paul would manage the inquiry under my direction and
ensure that we followed all due fair protocols to produce a credible report. I note that Mr
Mann appeared shaken by my determination to follow a fair and balanced inquiry that
spoke to Amnesty International, Trade Unions and Opposition Groups in Fiji, which did not
square with his pre-planned narrative of a ‘corrupt’ MP doing the bidding of a military junta.
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I subsequently spoke on the telephone with Mr Mann and recall having the same
disagreement with him that he was pressing hard to dictate the outcome of the report and I
was equally robust in refusing to comply.
On 16th April 2013, ***** continued with work on the APPG by notifying the All Party Notice
of the proposed Annual General Meeting.
On 18th April 2013, I met Mr Mann for the fourth time (Meeting 4) at Old Queen Street
offices and Mr David TC Davies MP accompanied me as I wanted his view on Daniel Mann,
AAC and how we could potentially move forwards on the project. I had informed Mr Davies
of my paid consultancy with AAC.
Afterwards, Mr Davies expressed his reservations about Daniel Mann and I resolved that I
would challenge again him in due course.
On 23rd April 2013 I received letter from a constituent regarding the Battle of Mirbat. The
case of Sgt Talaiasi Labalaba has long interested me and in a subsequent telephone call with
Daniel Mann, I suggested that the recognition of this NCO’s gallantry should become a
mainstay of the APPG’s business.
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I spoke to Daniel Mann around 23rd April and outlined that we could seek to have a new
statue created and erected perhaps outside the Fijian High Commission or elsewhere in
London to recognise Sergeant Talaiasi Labalaba. My office and I spent some time on working
out logistics for how this could be done, including using an existing statue cast (that had
been used to make 22 SAS’s statue in Hereford), to create the new one. None of this is mentioned in the TV programme.
On 25th April 2013 I met with Mr Mann again at Old Queen Street offices (Meeting 5). Mr
Mann brought along a woman I had not met before, ‘Lynn Graham’ who was presented as a
candidate for the Secretariat. I had no knowledge of her and it was apparent that she had
little to no understanding of parliamentary procedures. I insisted to Mr Mann that the
Secretariat had to be someone that I knew who would follow parliamentary procedures. I
rejected her as a candidate.
The main topic of conversation that I recall was regarding the parliamentary pass that Mr
Mann seemed eager to acquire. I had already decided that I wanted Paul Marsden to
become the Secretariat of the Group since he was familiar with parliamentary rules and
could be trusted to rigorously to stick to the spirit and the letter of those rules. I went
through the motions of discussing that I might recall an existing pass to give to Mr Mann’s
colleague but I did not recall any pass and nor did I have any intention of handing out a pass
to her, Mr Mann who anyone else connected to AAC. I had already decided that I needed to
meet with the business people purporting to be the end client and repeatedly asked to have
such a meeting arranged. It isn’t shown in the programme that such meetings were
arranged and then postponed on more than one occasion. I again, did not want to appear to
be too negative towards Mr Mann but I wanted to keep conversations ‘ticking over’ until I
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could meet the end client and make a decision about whether to continue my association
with them.
After the woman left the meeting, I robustly confronted Mr Mann about who he was so that
I could try and get to the bottom of why he was acting so secretively. I have long favoured a
lobbyist register, partly so that MP’s can check bone fide consultancies and lobbyists and
also so that MPs can be assured that they will abide by a strict code of conduct. Without any
register, it means that busy MPs are left to try and carry out their own due diligence.
I was exasperated with his refusal to agree to a report that had to be fair and balanced and
the postponements for me to meet the end client. I was not going to continue with the
relationship, if he continued to not produce the end client and accept that I controlled the
APPG and the suggested inquiry. With hindsight, Mr Foggo was actually wriggling around desperately trying to get me to break parliamentary rules and impose his will on me. I refused to acquiesce and his tactics of trying to brow beat me failed. Nevertheless, due to the personal issues going on in the family, I did declare a payment late and did not manage staff well enough to ensure interests were declared. All through the process I was acting in good faith and wanting to help the people of Fiji.
During the meeting, he agreed to provide a CV of himself, but this never materialised.
Following the meeting, I was somewhat satisfied that his answers regarding confidentiality prevented him from fully disclosing the end client and may be an excuse for some of his behaviour. But I had drawn ‘red lines’ and refused to cross them.
I had been working for several months on a possible list of interested members for an All
Party Parliamentary Group on Fiji. As such, it was relatively straightforward to speak to the
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Members, identify potential officers and begin to register the APPG. I spoke to Mr Bill
Wiggins about the APPG and he agreed to become a member. I informed him of my interest
of a paid consultancy. I believe I also informed Mr Mark Field, Mr David TC Davies and Mr
Julian Brazier of my interest. However, the conversations were hurried (and I can’t recall exact dates) and I didn’t go into details, but I firmly believed I had discharged my obligations in informing the potential officers of the interest.
On 30th April 2013, we held the APPG on Fiji AGM in Room Q at Portcullis House. I was
elected Chairman, Mr Fabian Hamilton Vice Chairman, Mr Julian Brazier, Treasurer and Mr
Mark Field Secretary. The minutes were as follows:-
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House of Commons, London SW1A 0AA
All Party Parliamentary Group on Fiji
Annual General Meeting
Date: 30th April 2013 Time: 3:00pm
Location: Room Q, Portcullis House
Attendees: Patrick Mercer, Stewart Jackson, Julian Brazier, Mark Field, Bill Wiggin, Keith Vaz, Valerie Vaz
Minutes
1. Mr Mercer welcomed everyone to the inaugural meeting of the new APPG on Fiji and outlined briefly his hope that the Group would be proactive and that it would be a real assistance to the people of Fiji. 2. Mr Mercer noted he had tabled an Early Day Motion on Fiji regarding the effects of suspension from the Commonwealth. 3. Mr Mercer stated he had proposed a professional inquiry into Fiji including how it could re- establish itself as a democracy and re-enter the Commonwealth. He also stated that as part of the inquiry, a visit in August to Fiji would hopefully be arranged in due course. It was important to understand the situation in the country and speak to a cross section of individuals, human rights organisations and Opposition groups, as well as Government representatives. 4. It was agreed that such an inquiry would be a very useful approach to ascertain the true situation. 5. Nominations were received as follows for the APPG Officers: • Mr Patrick Mercer, Chairman • Mr Fabian Hamilton, Vice Chairman • Mr Julian Brazier, Treasurer • Mr Mark Field, Secretary 6. With no further nominations or objections, the officers were duly elected to serve for 12 months. 7. There being no further business, the Chairman closed meeting.
Notes 1. The minutes will be circulated to all Members, when the Group receives formal confirmation of being registered with the Assistant Registrar. 2. Mr Mercer wants to make clear that he has an interest in Fiji. This will be displayed on the proposed website of the Group.
[the parliamentary assistant] duly notified the Assistant Registrar of the AGM, elected officers and completed the form to register the Group.
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Thereafter from the end of April through May, Mr Mann continued to drag his feet on how we could proceed. It is clear with hindsight that he was engaged in a careful game of trying to entrap me and pressure me to do things which were wrong. I made clear to him that I would proceed without him or his client in setting up a professional inquiry and after discussion with Paul, he sent me an email to me with draft letters to approach outside businesses to seek sponsorship so we could push on with the whole project without AAC.
Paul set out that in the letters to potential sponsors that the APPG on Fiji’s inquiry would
seek evidence on :
• Civil society in Fiji including religious and press freedom, trade unions and an independent judiciary • The current political situation in Fiji • A potential road map to return Fiji to democracy • Options for Fiji’s return to the Commonwealth
On or around 8th May 2013 I agreed with Paul and Mr Mann the scope and details of
parliamentary questions I wished to table. Subsequently, questions were tabled on 10th May and 15th May. Those questions were answered by the minister on 16th and 20th May. I
wanted to get on the public record HM. Government’s view of Fiji’s potential re-entry into
the Commonwealth and assess a whole range of matters concerning Fiji and the
surrounding region.
Just before 16th May 2013 (we are not sure the exact date), ***** in my office completed
the APPG registration form by hand and posted to the Assistant Registrar.
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On 16th May 2013, ***** was told that the submitted form did not hold the correct balance
of qualifying Members for the APPG. As such, he was informed to find three new Opposition
Members. We did not have time to clarify and amend the list of twenty Members before the
media contacted me.
On 27th May 2013 my wife and I had to travel to the Isle of Skye. We have no Internet
connection and frankly I try and have a break from the usual voluminous amount of
correspondence that typically arrives each day.
On 28th May 2013, I understand that calls may have been made to my mobile during the day
but there is a very patchy mobile telephone service and I did not speak to any journalist
until the early evening. I then received an eight page letter from Philip Clothier (dated 25th
May) setting out that Mr Mann was a fictitious name and Alistair Andrews Communications
was a false company to set out and create a television programme and newspaper articles
with a pre-planned editorial. The letter demanded I reply by 30th May, which given I was in a
remote part of Scotland and I had been sent a highly detailed letter with legal implications,
required me to contact my London solicitor to take advice. It was impossible to respond
according to their unreasonable demands.
On 30th May 2013 in the evening I received a call from Claire Newell of the Telegraph but
the reception was so poor I could not fully understand what she was saying. She then
emailed me a letter, four pages long, listing another twenty five points and demanding I reply in full by the next day. Clearly it was impossible for me to reply in any detail. My solicitor, Harbottle & Lewis did send a holding response to Snapper TV.
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I had a conversation with ‘Mr Mann’ where I outlined my movements to and from Skye and
my father-in-law’s circumstances: I even invited him to visit me there. With this in mind, the journalists had carefully prepared their scheme over many months and were then
demanding that I reply, in effect within a few hours when they knew I was dealing with
difficult family circumstances and cut off from the Internet, with poor telephone reception.
This was impossible.
On 31st May 2013 my solicitor sent an initial outline response to the Telegraph stating that
“the allegations made by Snapper TV, and also by you [Telegraph], are potentially
misleading and partial in a number of respects”. My solicitor also sent a an email trying to
clarify whether the programme had “no transmission date” or was “imminent” as Snapper
TV was changing its position. It was important to identify when or if the programme was to
be broadcast so I knew how much time I had to review their comments and allegations and attempt to put together a detailed response. It was apparent that the Telegraph were going to publish a story based entirely on the TV programme the following day and after careful consideration, I realised it was impossible to try and give a full response.
On 1st June 2013, the Telegraph ran with their story without waiting for a response from
me. By then, there was little point trying to respond to Snapper TV and BBC Panorama as it was apparent that they had decided on the editorial line and I would not under any circumstances receive a fair hearing.
On 6th June 2013, BBC Panorama broadcast their biased, partial and incomplete programme
without waiting for a full response from me. Given it has taken around 45 hours’ working
full time to put together this submission carefully to check dates and facts at a hugely
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stressful time, the media had no intention of allowing me the opportunity to respond
properly.
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8 Summary of response
I accept that the first payment from Alistair Andrews Communications was not declared on
time but was in fact declared after 6 weeks rather than the maximum 4 weeks, permitted by
the rules. For that, I apologise unreservedly. However, there are very sensitive and deeply
personal reasons for such lateness. I still accept full responsibility but I trust that you will
understand that registering a declaration late by 14 days was for understandable reasons. I
was due to reconcile the bank statements at the end of May when I would have noticed the
payment and checked to see if it was registered. As such, I would have identified the
lateness of declaration by 31st May.
The consultancy agreement with ‘Alistair Andrews Communications’ was not submitted on
time for similar reasons to do with my personal circumstances. When your inquiry
commenced I felt it best to wait and include a copy of the contract in my submission rather
than submit information and evidence in a piecemeal fashion. Throughout my evidence, it is
apparent that I had nothing to hide and in fact there is strong documentary evidence to
prove that I gave instructions for full disclosure and declarations to take place.
I also accept that my office did not complete a box online when submitting parliamentary
questions to note that I had an interest in such questions. In 12 years as a Member of
Parliament I have rarely had to declare an interest and hence, my staff were simply
unfamiliar with the process but I accept full responsibility for not duly checking. However, I
did declare such an interest to the potential officers of the proposed All Party Parliamentary
Group on Fiji and I believed I had discharged my duties to other Members by doing so.
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My longstanding interest in Fiji meant that I wanted to create an All Party Parliamentary
Group and raise the profile of Fiji and its case for re-entry to the Commonwealth after re-
establishing a democracy. I categorically refute any allegation that I tabled parliamentary
questions and an Early Day Motion at the request of AAC. I did not. The programme does
not show for example, that I suggested the Early Day Motion in the first place and that I
needed assistance in drafting it. The programme does not show me suggesting the main
thrust of the motion for AAC to go away and draft and return when completed. As with
many outside interests, a Member of Parliament sets out what they want and will consider
draft wording for motions and questions before amendment or rejection. They are in
control of the process but the sheer volume of work can mean that having others carry out
such instructions and requests saves time. Likewise, I drafted questions myself with the
assistance of my Researcher, ****** and from Paul Marsden on issues across the region of
Australasia to assist identifying issues publicly on Fiji and to potentially look at alternatives
to Fiji when Mr Mann was acting strangely and unethically.
I commissioned a briefing from a separate party (Witness Statement Mr Paul Marsden –
Appendix 3) dated 16 March, where on my instruction, it was stated:
“A UK All Party Parliamentary Group (APPG) must conform to the 26 page rule book and
ensure that it registers financial and benefits in kind. Given the media interest, an APPG must
tread very carefully to not only conform to the letter and spirit of the rules but be seen to be
above reproach.”
In addition, it was at my suggestion that a new UK Fiji Foundation be created to pursue a
wide range of issues and provide a clear demarcation between legitimate activities by an
outside organisation other than an APPG needing to abide by the rules of the House.
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However, the programme makes no mention of me robustly discussing the Foundation, its
terms and its work.
The briefing of 16 March goes on to state:
“By creating a new UK-Fiji Foundation, there is a freedom to work without the strict confines
of an APPG and the ability to maintain privacy on sensitive matters. It can create a ‘blind’
trust to ensure that it operates without fear or favour.”
This was not out of a desire for secrecy but on the contrary to ensure there was a clear
dividing line between work that should be carried out by an APPG and work that could be
carried out by a private organisation. We did not have chance to clarify exactly whether a
Foundation would be established but we were crystal clear that all paid consultancy work would be declared and interests declared.
I suggested and drove the idea of an APPG inquiry to look into a range of issues surrounding
Fiji. The programme carefully edits out that the inquiry briefing that I commissioned, robustly insisted that a wide range of witnesses be requested to give the APPG evidence including, the “Amnesty International representatives, Fijian Opposition parties’ and Trades
Unions’ representatives and Representatives of the media, NGO’s, Churches and religious minorities and business in Fiji”. The programme edits out these groups and avoids mentioning that the inquiry would be strictly fair and balanced. The inference by the programme is that I would do the bidding of the military government in Fiji, when the reality
is I did not know the identity of the end client and that I took all reasonable steps to protect
the APPG from any potential interference or lobbying given the inquiry would be
professionally and fairly managed.
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A huge amount of time and effort has gone into pulling together the evidence to make this
submission and I trust demonstrates my determination to fully co-operate with your inquiry
and ensure that the truth is made known.
In summary, mistakes were made on the timing of registering interests but they were due to
mitigating circumstances and I ultimately accept responsibility. However, the central
allegation that I deliberately set out to avoid declaring an interest and undertook paid
advocacy is categorically refuted by the evidence.
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3. APPENDIX 3 – Statement by Mr Paul Marsden
To the Parliamentary Commissioner for Standards
I declare that to the best of my knowledge and belief, the information herein is true, correct and complete.
1 Introduction
I am a Business and Public Affairs Consultant with a number of clients in the UK. I am also a former
Member of Parliament (1997 to 2005) and a Shadow Minister (2002 to 2005). This statement is a true and factual recollection of the events surrounding the creation of an All Party Parliamentary
Group on Fiji, Alistair Andrews Communications, Daniel Mann, UK Fiji Foundation and other associated issues. The quotes are based on my memory but fairly reflect what was said.
I have been interested in Fiji since 2000 when I was appalled at George Speight leading the overthrow of the Prime Minister Mahendra Chaudhry. I called for a restoration of democracy in the country and I supported an Early Day Motion in the House of Commons on 8 June that year (Number
828). Since that time I have followed Fiji with interest.
Fiji had been through a turbulent period over the past ten years of coups and military takeovers. In recent times though the military government have agreed to a transition with a new constitution and a return to democracy. There remained real concerns over human rights and elections have yet to be held.
2 Timeline of events
On 14 November 2012, I spoke with Patrick and we discussed many issues including British political situation, Israel and I think we discussed the US election. Patrick mentioned that he was looking for projects to promote that fitted with his interests. Australasia came up and I recalled the
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Commonwealth Ministers Action Group (CMAG) had called for Fiji to return to the Commonwealth in
September.
Patrick perked up at that point and wholeheartedly agreed. He said that he would join the APPG on
Fiji.
As I can recall, Patrick said, "I have been supportive of Fijian soldiers for ten years or more and they were terrific guys to have on your side. They have served the Queen with great distinction. I would though want to raise [with the APPG] some of the welfare and discipline problems with some elements of the Fijian Army.”
I made a note in my personal notebook (available for inspection). The note was made directly underneath notes on my step-daughter’s parent’s evening at HHS – Helsby High School:
After the phone call, I checked out the list of APPG's and surprisingly found that none existed for Fiji.
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I then made a few notes in my working folder on projects. Black boxes indicate unrelated commercial and political projects. Originals available for inspection.:
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I spoke to Patrick on 17 December and told him that there was no group and we discussed that one should be started. Patrick thought it was a very good idea and wanted to take the lead in setting it up.
As I recall, he said "I have had constituents talk often about the impressive way the Fijians play rugby but I don't follow the game myself".
I said "Little Fiji got through to the Rugby World Cup Finals last year [2011] but were hammered by
Wales 66-0, so a lot of constituents will know all about them."
Patrick said, "since Newark constituents take an interest in Fiji then so should I."
He also said, "Fiji could be a relatively wealthy nation is they sorted out membership of the
Commonwealth".
I noted down some statistics I found on Fiji regarding quality of life:
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It was not far off Christmas so there was nothing that could be done to start an APPG.
On I think, 17 February, I spoke with Patrick and amongst a range of issues we discussed, I reminded him of Fiji. We spoke about the huge potential for the sugar trade and he asked if I could think
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP further about the whole issue. We discussed Fiji's human rights record and agreed that under no circumstances would we support the Government of Fiji unless there was a return to democracy.
However, we wanted to encourage the Government to adopt a road map in the same vein as
Northern Ireland. We spoke at great length on how the transition could work with a Truth &
Reconciliation Committee aka South Africa and confidence building measures.
I drafted a proposal for a two part strategy on creating a UK-Fiji Foundation that had more freedom to operate and an APPG. I also raised the issue of an inquiry to give teeth to the Group and produce a report that would highlight all the key issues.
On or around 26 February we spoke again about all sorts of issues and Patrick mentioned in passing that he had drawn up a partial list of “half a dozen” MP's who might be willing to join an APPG.
On 7 March (I think), Patrick called to say he had been approached by Daniel Mann of Alistair
Andrews Communications and the issue of Fiji had come up. We were both concerned that our phones had been hacked (in view of the Glen Mulcaire issue), as they were talking about an APPG.
However, we assumed it was a coincidence and fitted with existing plans. Patrick wanted to prioritise the project. I spent over 40 hours working on a budget, programme and work activities to get the project off the ground and liaised with Patrick with an occasional contact from ‘Daniel Mann’ by email.
I genuinely was delighted as I thought we could make a difference to the people of Fiji. I had researched previously the quality of life for people. Statistics suggested that 45% or more had no clean water and only 12% in rural areas had safe sanitation. Over a quarter of million out of the total population of 870,000, lived in poverty. I believed that we could drive forwards change in Fiji with democratic elections and encourage new investment to create jobs and build new hospitals and schools. I thought that we had stumbled across a fantastic opportunity to help an impoverished country come back into the Commonwealth and help ordinary people on the other side of the world.
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I feel very aggrieved that journalists have wasted our time to such a degree with an elaborate entrapment to create a story out of thin air. I feel very strongly that these journalists have betrayed the impoverished people of Fiji, as a professional inquiry would have set out 'warts and all ' a roadmap to democracy and an economic recovery but spotlighted a roadmap to change that may have influenced decision makers to assist Fiji through a transition similar to the situation in Burma.
In my Briefing dated 7 March, I stated:-
“The APPG will need to fully comply with the Rules on All Party Groups.”
On 16 March Patrick emailed me to say that AAC had called him the previous day but that they wanted to run the Secretariat of the APPG/UK-Fiji Foundation themselves. The way that they were acting was becoming difficult to say the least. Demanding to run the APPG/Foundation would mean we had no control over what they were doing and what standards they would adhere to. My concern was that they would undertake dubious activities, without our knowledge. It was important that if the UK-Fiji Foundation was fund raising and financially supporting the APPG, it had to so in an ethical and legal manner and if we weren’t involved we had no idea what AAC was doing.
In my Briefing dated 16 March I stated (excerpts):-
“A UK All Party Parliamentary Group (APPG) must conform to the 26 page rule book and ensure that it registers financial and benefits in kind. Given the media interest, an APPG must tread very carefully to not only conform to the letter and spirit of the rules but be seen to be above reproach.”
By creating a new UK-Fiji Foundation, there is a freedom to work without the strict confines of an
APPG and the ability to maintain privacy on sensitive matters. It can create a ‘blind’ trust to ensure that it operates without fear or favour.”
The APPG on Fiji may decide to adopt the following aims:-
1. To improve political, cultural and educational relations between Fiji and the UK
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2. To increase awareness in the UK of the unique history and peoples of Fiji
3. To promote links between UK parliamentarians and the Government of Fiji
4. To support a peaceful transition to a parliamentary democracy in Fiji
Identify a potential inquiry for the APPG to investigate. This would involve officers of the group and the secretariat short listing possible topics, identifying a priority subject, drawing up terms of reference, writing to potential witnesses, arranging meetings with witnesses, undertaking original research and producing a professional report.
The inquiry mentioned above could have terms of reference of:-
‘To investigate the circumstances and ‘road map’ for Fiji to re-enter the Commonwealth of Nations as a parliamentary democracy.’
It may be politically advantageous to create a ‘UK Fiji Foundation’ (UKFF) as a limited company in the
UK, which can fund-raise for the APPG. In that way, the APPG is protected from direct influence and allow the UKFF to concentrate on funding streams from a variety of different sources. It is very important that all funding comes from legal sources and has anti-corruption protocols to corroborate the origin of the payments.
On 26 March, AAC had assisted with drafting Early Day Motion 1249 in accordance with the CMAG statement, which Patrick tabled and received cross party support.
In my Briefing dated 15 April, I stated that:-
Witnesses to be requested to meet the Inquiry Team would include:-
• The Commonwealth Secretary-General, Mr Kamalesh Sharma and The Commonwealth Ministerial
Action Group (CMAG) representatives
• Government of Fiji representatives (depending upon visit to Fiji and access to Government officials)
including President Ratu Epeli Nailatikau
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• European Parliament, Council of Ministers and European Commission representatives
• United Nations’ representatives
• Amnesty International representatives
• Fijian Opposition parties’ and Trades Unions’ representatives
• Representatives of the media, NGO’s, Churches and religious minorities and business in Fiji
The final contents table will only become apparent after an evolution of the inquiry process.
However, some subjects are highly likely to be included:
1. Introduction
2. Overview of Fiji
3. Issues surrounding suspension of membership from The Commonwealth in 2009
4. Assessment of the current political situation in Fiji including draft constitution
5. Human rights
6. Freedom of expression
7. Assessment of the future of the economy and business
8. Civil society
9. Road map of entry back into The Commonwealth
10. Election protocols
11. Conclusions and recommendations
Appendices: Inquiry Terms of Reference
Maps
Evidence and submissions
However, on 18 April, I discussed with Patrick concerns that AAC was straying into questionable territory of the way they were acting. They seemed to be pressing for a conclusion to the inquiry before we had even begun. They were aggressive and pushing very hard for a preconceived outcome
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP of support for the Government of Fiji. Patrick said, “AAC are acting in an unprofessional manner and
I will not breach parliamentary rules for them.”
I believe that Patrick had an argument with them at this time in a meeting when he expressed concerns at the way they were trying to persuade him to do things that were at best breaching parliamentary rules. I understand he asked them further questions about who they were and stated that under no circumstances would we pre-judge a parliamentary inquiry. We were both very concerned when we spoke by telephone that they were trying to pressure Patrick to do something certainly unethical, something that would breach parliamentary rules and possibly something that was illegal. I undertook background checks into AAC and reported back to Patrick that they were
‘suspicious’ but that the reason could be to maintain a high level of confidentiality.
On 20 April, I made clear that given AAC were discussing payment with Patrick that any attempts to persuade him to breach parliamentary rules or undertake wrongful behaviour was ‘entrapment’ and that as we had stuck to clear ‘red lines’ throughout, AAC could not make an claims about wrong doing, if it turned out they were a hoax.
On 22 April, I drafted an email for Patrick to send to AAC to make crystal clear his position and ethical stance on the APPG and any inquiry for the avoidance of any possible doubt. Due to Patrick verbally raising the same issues in a meeting with AAC he didn’t need to send the email.
On 23 April at 14:04, Daniel emailed me (unsolicited) and stated:-
Patrick has shown me the outline which you drew up for a report to be issued by the new APPG for
Fiji. It looks excellent and I wanted to ask you how much you personally would charge for writing it please? Also, do you have a breakdown for its overall cost?
Later that day (23 April), I produced a programme (Issue 1) and a budget (Issue 1) setting out the costs for undertaking the work. I spent around 7.5 hours working on this request and replied at
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22:55 in the evening. I sent a copy to Daniel. I backed a quick inquiry before the summer recess to identify issues, approach witnesses and allow a professional inquiry to take place. All my emails had a footer stating:
“Please be aware that you have a responsibility to ensure that any email you write or forward is within the bounds of the law.”
I, with hindsight, believe that AAC acted improperly and possibly illegally by trying to induce a
Member of Parliament to break parliamentary rules and possibly the law. As such, I am very happy to co-operate with the authorities.
On 24 April at 14:59, Daniel contacted me and thanked me and said he would “revert” back to me.
However, on 26 April 12:28, he replied again to suddenly say that:-
“my client has definitely put the 'quick' report option out of play. What they are now deciding is whether to opt for a report which would be published this year, albeit much later, or possibly next year instead when it would hopefully coincide with some other expected events over there in Fiji and may prove most impactful.”
I was puzzled at this sudden u-turn and found his referral to “expected events” as slightly uncomfortable. Were they trying to influence the proposed elections in Fiji? I spoke to Patrick that evening to mull over whether he was being set up. We could not fathom why AAC were acting so strangely by making unwarranted and possibly illegal demands, when throughout we had acted appropriately, fairly, ethically and legally. We had followed the letter and the spirit of the parliamentary rules and they were encouraging a breach. Patrick was adamant that he must first meet a delegation from the Government of Fiji to ensure that they understood that we would only act legally and ethically on all matters.
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We agreed that if a) AAC were not going to end this dithering and unethical behaviour or b) there was an alternative project we could engage with then Patrick would cease any involvement with
AAC. I agreed to start to look again at other options in Australasia. To that end I did used my old research on other countries. I identified possibly interesting lines of enquiry in The Solomon Islands,
Indonesia, Australia and New Zealand as well as Fiji.
On 8 May, I emailed Patrick to suggest that we approach corporations and ask for sponsorship for the project. We both felt that we should crack on and carry out the inquiry regardless of whether
AAC wanted to proceed. The reference to ‘awkward funding’ referred to the fact that AAC were seemingly wanting control of the UK Fiji Foundation and its funding and financial support of the
APPG. Getting sponsorship, freed Patrick once and for all from AAC.
From: Patrick Mercer [email address]
Date: 12 May 2013 11:43
Subject: Re: Fiji inquiry
To: Paul Marsden [email address]
Excellent, Paul, pse do so. P
Sent from my iPhone
On 8 May 2013, at 11:09, Paul Marsden [email address] wrote:
> Patrick
> > Just a thought whilst we wait for AAC to sort themselves out.
> > Why not send letters to BP, Tate & Lyle, BT, Sony etc asking for sponsorship for the APPG on Fiji inquiry? Overcomes problem of awkward questions of funding and gives us more freedom to operate. > > I can draft.
> > Best wishes . > > Paul
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[telephone number]
On 8 May, after speaking to Patrick I drafted a range of questions for different issues in Australasia.
The purpose was to push forward on find out the situation in Fiji and again look at other issues in the region.
From: Paul Marsden [email address]
Date: 8 May 2013 10:15
Subject: PQs
To: [email address]
*******
Patrick asked me to draft some PQs. Can you pls table? More to follow.
Best wishes
Paul
1. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on parliamentary elections in Fiji.
2. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on federal elections in Australia in 2014.
3. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on presidential elections in Indonesia in 2014.
4. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on Senate elections in Thailand in 2014.
5. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on the readmission of Fiji to the Commonwealth.
6. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on oil exploration in the Tui area off the coast of New Zealand.
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7. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on the UK's investment in public transport in Fiji.
8. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on the general election in New Zealand in 2014.
9. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a statement
on the quality of public healthcare in Fiji.
10. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the quality of education in Fiji.
11. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the general election in the Solomon Islands in 2014.
12. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on progress of the National Health Strategic Plan in the Solomon Islands.
13. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the incidence of cancer amongst women in Fiji.
14. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the number of premature deaths from heart disease in Fiji.
15. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the incidence of HIV/AIDS in Fiji.
16. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on poverty in Fiji.
17. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on poverty in the Solomon Islands.
18. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the number of premature deaths from heart disease in the Solomon Islands.
19. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the incidence of HIV/AIDS in the Solomon Islands.
20. To ask the Secretary of State for Foreign and Commonwealth Affairs, if he would make a
statement on the incidence of cancer amongst women in the Solomon Islands.
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Paul
[Telephone number]
However, most of these questions were ‘carded’ and delayed as I had missed out the phrase ‘UK investment’ or ‘UK assistance’. Either ******** or myself would have amended the questions and
**** would have re-submitted but the media story broke and we realised that the whole episode was a set up.
On 10 May, Patrick asked parliamentary questions on Fiji to identify the current situation in the country concerning human rights and publicly identify the Government’s policy
Patrick Mercer (Newark): To ask the Secretary of State for Foreign and Commonwealth Affairs, what
discussions his Department has had with the government of Fiji about that country's human rights
record.
322 (154106)
Patrick Mercer (Newark): To ask the Secretary of State for Foreign and Commonwealth Affairs, what
discussions his Department has had with the government of Fiji about the status of Fiji within the
Commonwealth.
323 (154107)
On 12 May I put together a draft letter to send to corporations for sponsorship and specifically mentioned that this would allow Patrick to proceed “without them” [AAC].
From: Paul Marsden [e-mail address]
Date: 12 May 2013 14:39
Subject: Fiji inquiry - draft sponsorship letters
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Patrick
Attached:-
1. Draft letter I have used basic header (which you may wish to ignore if printed on HoC Paper). NOTE- I don't know the names of the other officers of the APPG. It is advisable to add them under your name to show cross party support. 2. Drafted sponsorship form 3. Drafted TOR (which is subject to amendment)
16 sponsor names and addresses below for consideration. More to follow.
If any agree, then bank account will need to be opened.
None may agree but it's worth requesting.
Not sure the politics of sugar so writing to the UK sugar companies may not work as Fijian Sugar is a competitor but they may take a view that a change to democracy will open up the Fijian industry to competition.
Included some companies trading in Fiji who may see real advantages to the country rejoining the Commonwealth - need to post/email to overseas' addresses but they may prove to be more fruitful.
Should make Daniel/client think hard about continued dithering given if sponsorship comes in, you could proceed without them.
Best wishes.
Paul
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All Party Parliamentary Group on Fiji Sponsorship
I hereby authorise ______in financial sponsorship for administration costs to the APPG on Fiji for the parliamentary year 2013-14.
Name: ______
Position: ______
Company: ______
Date: ______
Notes
1. Sponsorship can be made by cheque, payable to the ‘APPG on Fiji’ 2. The Group will open a business bank account and a set of accounts will be presented for the financial year 2013-14 at the next Annual General Meeting. 3. Sponsors are welcome to attend meetings of the APPG on Fiji. Please advise the Chairman that you wish to attend. 4. All sponsorship is gratefully received but the typical sponsorship is in bands of: Platinium £10,000 Gold benefits + invitation to special events. Gold £5,000 Silver benefits + logo on front cover of inquiry report, prominent front page recognition on website and recognition in mailshot to selected key decision makers inc. Ministers. Silver £2,500 Bronze benefits + logo on inside cover of report and front page of website and in final press release Bronze £1,000 Recognition on inside cover of report and on webpage of APPG website
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12th May 2013
Draft Terms of Reference
APPG on Fiji: inquiry into how Fiji can return to democracy and membership of the Commonwealth
The APPG on Fiji has announced today that it will undertake an inquiry into the current political situation in Fiji and how it can return to democracy and membership of the Commonwealth
The APPG will specifically assess:- 1. The relationship between the UK and Fiji 2. The relationship between Fiji and neighbouring countries including Australia and New Zealand 3. The relationship between Fiji and pan-Governmental organisations including the UN and the EU 4. Business investment opportunities, job creation and opportunities with ASEAN 5. Civil society in Fiji including religious and press freedom, trade unions and an independent judiciary 6. The current political situation in Fiji 7. A potential road map to return Fiji to democracy 8. Options for Fiji’s return to the Commonwealth
The Inquiry Team appreciates the sensitivities and confidentialities of this area of work and will respect written submissions and evidence submitted in confidence.
A copy of each submission should be sent by e-mail to Mr Mercer’s office at [email address] @parliament.uk and should have ‘APPG on Fiji parliamentary inquiry’ in the subject line.
Submissions should be sent to the APPG on Fiji by Monday 28 June 2013.
A report on this inquiry is expected to be published in late 2013.
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On 15 May Patrick asked parliamentary questions on Fiji to publicly identify the Government’s policy on Fiji re-entering the Commonwealth.
Patrick Mercer (Newark): To ask the Secretary of State for Foreign and Commonwealth Affairs, what
discussions his Department has had with the government of Fiji about the effects on Fiji of its
suspension from the Commonwealth.
146 (155600)
Patrick Mercer (Newark): To ask the Secretary of State for Foreign and Commonwealth Affairs, what
his policy is on the readmission of Fiji to the Commonwealth; and if he will make a statement.
147 (155617)
Patrick Mercer (Newark): To ask the Secretary of State for Foreign and Commonwealth Affairs, what
assessment he has made of the UK's investment in public transport in Fiji; and if he will make a
statement.
148 (155619)
On 16 May Patrick the Minister replied to Patrick’s four part question in the House of Commons on human rights, elections and Fiji’s return to the Commonwealth:-
Patrick Mercer: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) what discussions his
Department has had with the government of Fiji about that country's human rights record; [154106]
(2) what discussions his Department has had with the government of Fiji about the status of Fiji within the
Commonwealth; [154107]
(3) what discussions his Department has had with the government of Fiji about the effects on Fiji of its suspension from the Commonwealth; [155600]
(4) what his policy is on the readmission of Fiji to the Commonwealth; and if he will make a statement.
[155617]
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Mr Swire: We regularly raise our concerns about the human rights situation in Fiji with the Fijian authorities, including Ministers, the civil service, Police Commissioners and election bodies. In view of the seriousness of the human rights situation, the Foreign and Commonwealth Office has included Fiji as a 'country of concern' in its Annual Report on Human Rights for both 2011 and 2012.
Further, in consultation with the British high commission in Suva, the local EU delegation has issued a number of statements on the human rights situation in Fiji, including: concern around the political parties' registration decree; investigations into allegations of torture; and the importance of freedom of expression and assembly.
We have also encouraged the local EU delegation to raise these issues with the Fijian Foreign Minister which they did most recently earlier this month. We are encouraging the EU to pursue a dialogue on criteria for EU election observers. In view of the lack of democratic progress, EU development assistance to Fiji remains suspended.
Fiji remains suspended from the Commonwealth until it returns to democracy. Our view is that should democracy in Fiji be restored through free and fair elections, we stand ready to consider further assistance and look forward to the day Fiji is re-instated as a full member of the Commonwealth family. I used my visit to the region last month to make public statements on these points. I have spoken along similar lines to the Fijian high commissioner in London.
I have encouraged the Commonwealth Secretary-General to continue his organisation's outreach to Fiji to discuss assistance that Fiji would need to enable a return to democracy. The British high commission in Suva met a Commonwealth Secretariat needs-assessment mission that recently visited Fiji.
In relation to all of these issues, we continue to work closely with our partners in the region, including
Australia and New Zealand.
We were very encouraged by the Minister’s statement that there should be “outreach to Fiji to discuss assistance that Fiji would need to enable a return to democracy” and believed the inquiry would help such a process.
On 20 May the Minister replied to Patrick’s question on Fiji:-
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Patrick Mercer: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the UK's investment in public transport in Fiji; and if he will make a statement. [155619]
Mr Swire: The Export Credit Guarantee Department (ECGD) has acted as guarantor to loans made by a German bank to the government-owned aviation company Air Pacific. This was to enable Air Pacific to purchase a Rolls-
Royce engine. We are not aware of any other UK investment in public transport in Fiji.
Throughout May, Patrick occasionally mentioned that a delegation would arrive from Fiji when we could meet with them and discuss the way we wanted to run an inquiry and place on record our commitment to democracy and human rights. That delegation never appeared and dates for their arrival kept being pushed back. The final date mentioned was 2 June for a lunch.
On 28 May, Patrick informed me that AAC were a bogus organisation and ‘Daniel Mann’ and his colleagues were journalists from Snapper TV trying to break a story. He had been informed by letter.
However, they seemed vague as to when any story wold be broadcast/published and seemed to
They had made a series of untrue allegations and were trying to pressurise him to admit wrong doing. I was absolutely appalled and frankly angry at this scurrilous behaviour. ‘Daniel Mann’ is the epitome of the worst excesses of tabloid type journalism. He had tried to induce Patrick to break parliamentary rules and Patrick had stuck to his guns and refused to play along. I trust that ‘AAC’ will turn over copies of all audio and video recordings rather than an edited selection, so that the full story comes out and not just a convenient narrative to fit their wishful thinking.
3 Key points
Patrick and I repeatedly discussed between ourselves and with Daniel Mann that:-
1. The APPG would ethically seek to influence Fiji’s return to democracy.
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2. The APPG would strictly conform to parliamentary rules.
3. Any payments would be duly declared in the Register of Member’s Interests.
4. The APPG parliamentary inquiry would seek to meet and take evidence from human
rights organisations, the Opposition in Fiji, Churches, religious minorities, Trade
Unions, the UN, the EU as well as UK and Fiji Ministers, to give a balanced and fair
report on the current situation, a roadmap to democracy and a possible return to
the Commonwealth.
5. Throughout Patrick’s dealings with AAC, he repeatedly stressed that the outcome of
an inquiry would not be prejudged and that we would not be pressured into
conclusions until we had seen and heard all the evidence.
4 Conclusion
The facts do not fit their exaggerations and blatantly misleading claims of Snapper TV:-
1. Patrick Mercer has had a proven interest in Fiji since at least 2000 and I have had a
proven track record since 2000. Patrick has been the Secretary of the All Party
Parliament Group on Human Rights for four years since 2009 and is totally committed to
human rights.
2. The APPG on Fiji to support the people of Fiji was Patrick’s idea before he met AAC or
had any contact with ‘Daniel Mann’.
3. We believed that AAC were a genuine public affairs consultancy and accepted their
assistance in drafting an EDM. It saved time and was in accordance with the
Commonwealth Ministers’ statement of 28 September 2012.
4. A range of parliamentary questions were considered and drafted to a) assist with the
development of the APPG and the inquiry and b) to identify alternative options for a
project in the region given our frustration with the behaviour of AAC and ‘Daniel Mann’.
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5. The proposed inquiry into Fiji’s possible return to the Commonwealth was firmly based
on a return to democracy. Throughout all the briefings, it was made crystal clear that the
inquiry team would want to meet the Opposition in Fiji, Trade Unions, human rights
organisation, Churches and religious minorities. The inquiry would have been
professional and we were adamant that we would not prejudge the outcome.
6. We acted in good faith expecting to meet a delegation from Fiji and we were adamant
that human rights had to be raised at the meeting.
I reiterate my full co-operation into the inquiry by the Parliamentary Commissioner and any other authorities.
Yours sincerely
Paul Marsden
Email: [email address]
Mobile: [mobile tel no]
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Emails [ … ]
[mostly redacted]
From: [ … ] Sent: 05 June 2013 16:02 To: MERCER, Patrick Subject: Carded written questions
Dear Mr Mercer,
You researcher [ … ] asked me to email you about the content of the PQs which the Table Office carded before the Whitsun recess.
There were two categories of questions. A number on Fiji and the Solomon Islands asking about various aspects of policy (incidence of HIV/AIDS, poverty, education, cancer among women, premature deaths from heart disease etc), and several asking about upcoming elections in Australia, Indonesia, Thailand, New Zealand, Fiji, the Solomon Islands.
These were all carded for the same reasons which is that it did not seem to engage Ministerial responsibility, which is one of the rules for PQs.
As agreed with [ … ] we have put these questions in the post to you today.
Best regards [ … ] Table Office House of Commons 020 7219 [ … ]
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APPENDIX 8 – Paul Marsden Briefing dated 7 March 2013
All Party Parliamentary Group on Fiji
A proposal to improve relations between the UK and Fiji
7th March 2013
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1 Introduction
Appendix 1 contains a short briefing on Fiji and its political situation.
Traditionally most All Party Parliamentary Groups (APPG’s) in the UK have limited activity with the occasional meetings and social function. As such, their influence is minimal. However, those APPG’s that are active and importantly have resources (especially staff) can achieve significant results in an ethical manner fulfilling the letter and spirit of the parliamentary rules.
There is not currently an APPG on Fiji and given the difficult political situation in the country, Fiji would benefit enormously from a professionally managed group that will strive to improve the relationship with the UK.
The APPG will need to fully comply with the Rules on All Party Groups.
This paper sets out a proposal of how to develop an effective group that achieves results.
2 Aims
The APPG on Fiji may decide to adopt the following aims:-
1. To improve political, cultural and educational relations between Fiji and the UK 2. To increase awareness in the UK of the unique history and peoples of Fiji 3. To promote links between UK parliamentarians and the Government of Fiji 4. To support a peaceful transition to a parliamentary democracy in Fiji
3 APPG schedule
Without significant resources then the achievements will be minimal. Members of Parliaments and Peers may be willing to attend infrequent meetings and some parliamentarians’ staff may be available for some basic administration work but the demands on parliamentarians are huge with little time to spare.
Following the agreement of one parliamentarian to act as Chairman (until a formal Annual General Meeting can be called), a secretariat should be appointed with a job title of perhaps APPG ‘Head of External Relations’ to give a strong platform for networking. It is important to develop and manage a professional image that will facilitate approaches to politicians in Her Majesty’s Government and Opposition parties.
Too often lower administrative type officers are used in parliament that do not have the understanding or communications expertise to robustly promote a parliamentary and campaigning agenda, based on achieving objectives and the group becomes little more than a ‘talking shop’.
The political situation in Fiji makes the work of the group a challenge and hence will require greater resources than an average parliamentary officer working one day per week. To be effective, a budget would allow a small office, the development of professional communications and marketing,
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Ideally an office will allow a postal address and credibility within Westminster. A landline telephone, computer and printer and other basic office equipment will provide an administrative capability for the group.
A schedule of activities may include:-
Activity Timetable Identify prospective Chairman March 2013 Identify Secretariat ‘Head of External Relations’ March 2013 Identify and approach parliamentarians to find 10 Coalition March to May 2013 Government MPs and 10 Opposition MPs. This will involve an initial mailshot and then a series of telephone calls and personal meetings. Register the group. Identify office space with equipment May 2013 Annual General Meeting to be organised with publicity, booking a June 2013 meeting room and arranging a speaker Social dinner in House of Commons for selected guests July 2013 Identify a potential inquiry for the APPG to investigate. This would Started in July but in involve officers of the group and the secretariat short listing possible probability finished in topics, identifying a priority subject, drawing up terms of reference, November 2013 (due to writing to potential witnesses, arranging meetings with witnesses, parliamentary recess) undertaking original research and producing a professional report. The report would then be launched to the media. It would be an advantage if the inquiry team could visit Fiji to better understand local issues. Quarterly meeting with invited speaker (perhaps a Foreign and October 2013 Commonwealth Minister) Launch Inquiry report to the UK media November 2013 Social function with invited guests Christmas 2013
The inquiry mentioned above could have terms of reference of:- ‘To investigate the circumstances and ‘road map’ for Fiji to re-enter the Commonwealth of Nations as a parliamentary democracy.’
Witnesses may include the UK’s Foreign and Commonwealth Office Minister, the Commonwealth Secretary General, Pacific British Chamber of Commerce, representatives of the Government of Fiji and other interested parties.
The APPG may also produce publications for circulation to parliamentarians including FCO Ministers.
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4 Funding
It may be politically advantageous to create a ‘UK Fiji Foundation’ (UKFF) as a limited company in the UK, which can fund-raise for the APPG. In that way, the APPG is protected from direct influence and allow the UKFF to concentrate on funding streams from a variety of different sources. It is very important that all funding comes from legal sources and has anti-corruption protocols to corroborate the origin of the payments. The APPG Secretariat would also then be able to focus on campaigning and activities rather than approaching organisations and individuals for funding. The UKFF would then be the sole funder. Any payments to parliamentarians in consultancy fees would need duly declared in the Register of Members' Financial Interests.
An ideal budget for a core administration is set out below. The cost of an inquiry with travel to Fiji is not included and would require separate funding. With hotels, flights, subsistence, transfers for three APPG Officers and the Secretariat and publishing the report the cost may be around £25,000.
Expenditure Details - Phase Two for 9 months in 2013 Rate Cost Furnished office hired by the month.Desks and chairs for 2 people, telephones, WiFi, conference room, 24 hr access, Office security, located in Westminster area. £1,000 per month £9,000 Professional Secretariat (on consultancy contract 3 days Staff per week) £6,000 per month £54,000 Staff expenses Travel to meetings, basic subsistence on business £200 per month £1,800 Board Consultancy fees for Chairman £2000 per month £18,000 Telephones 1 landlines and 1 mobiles - £200 x 9 months £1,800 Computers 1 High spec laptop + software £750 £750 Printer/Scanner/Copier £150 £150 Produce 2 policy publications per year on key issue. Print 500 copies for circulating to Group members, Associate £1,500 per Publications Members and key decision makers publication £3,000 Leaflet on UKSF - DL size - 500 copies £500 Marketing banner for publicity photos at meetings £750 Printing UKSF letter headed paper £250 Website Professional website £3,000 Research Access to research materials £50 per month £600 Translation Professional translation for marketing materials, website £2,000 Social function at twice per year. Summer - Function 1) 50 guests at the Terrace of the House of Commons for buffet lunch and drinks. Christmas - Function 2) Discreet dinner Social for 15 key guests £4,000 TOTAL £99,600 Notes 1. It is expected that an inquiry would need to be funded separately
A basic budget in 2013 would be £100,000 to fund the organisation in 2013. This is therefore based on 9 months and an annual budget would cost proportionally more. However, this is a modest cost for working at the heart of Westminster and in 2013 would aim to achieve:- • The creation of the APPG • A new secretariat presence in London
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• A parliamentary inquiry and report • Regular media stories • A digital platform for an online reputation • A new awareness of Fiji amongst decision makers and the UK public
In addition, parliamentarians may wish to table questions to ministers, early day motions and petitions on any issue.
An active dialogue with civil servants and ministers on issues such as a road map to re-enter Fiji into the Commonwealth, foreign investment and promoting trade links for the UK and European Union will also be developed.
5 Communications
5.1 Public Relations
A proactive, media plan would be adopted to promote positive images and values of Fiji to enhance the country and its people in the eyes of the UK. A regular, flow of press releases and photo opportunities in a coherent programme would establish and maintain the ‘brand’ of the APPG and develop a reputation of trust with the media.
5.2 Brand Development
A ‘look and feel’ will be developed that will be used on all platforms; website, social media, brochures and business cards. This will establish a strong, consistent brand that will reinforce an image of professionalism and fresh thinking with upbeat, positive messages on Fiji.
5.3 Website
Using the ‘look and feel’, a new website shall be created with modest funding that will establish a strong online presence. It will aim to compliment other online Fijian initiatives to seize high search engine rankings in English that will be positive and supportive of the country. The website will include sections on:- • About Us • News • Events and initiatives • History of Fiji and relationship with UK • Contact • Links to Fiji’s High Commission, the Commonwealth Ministerial Action Group (CMAG) and other Fijian organisations • Links Australian organisations and representatives interested in Fiji
5.4 Social Media
By creating and promoting the APPG through social media, a dynamic online presence will be established. With social media, it is very important to maintain a steady flow of news and original
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Social media may include:-
• Twitter – regular updates on the activities of the APPG and tweets on positive Fijian news • Facebook – A professional fan page would be created on Facebook to allow ‘likes’ to be tracked and encourage relationships to be formed and consolidated over time. The content will be updated each week. • YouTube – Search engine ‘spiders’ give a higher priority to videos and short, simple videos will rank highly. The videos do not need to be expensively produced and should only last 3 minutes but would be snappy and captivating. Ideas could include, an interview with representatives of the Government of Fiji, short history on relations between the UK and Fiji, young Fijian’s views on the UK, introduction to Fijian language and the Fijian culture including favourite dishes, music, film and theatre. • LinkedIn and other business social media – to reach out to business people
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APPENDIX 9 – Patrick Mercer memo to AAC dated 16 March 2013
APPG on Fiji and UK-Fiji Foundation
Currently Fiji faces serious political obstacles to re-joining the Commonwealth and being restored as a respectable democracy in the eyes of the world. Whilst interested parliamentarians in the UK can assist in influencing the UK Government in supporting Fiji’s status and provide a road map back towards democracy, it is a challenge for individual parliamentarians to impact the political thinking.
A UK All Party Parliamentary Group (APPG) must conform to the 26 page rule book and ensure that it registers financial and benefits in kind. Given the media interest, an APPG must tread very carefully to not only conform to the letter and spirit of the rules but be seen to be above reproach. A country group for Fiji may be scrutinised by sections of the press and will need seasoned political handling at every turn, to ensure that it builds a reputation for cross party, balanced and strictly ethical work.
By creating a new UK-Fiji Foundation, there is a freedom to work without the strict confines of an APPG and the ability to maintain privacy on sensitive matters. It can create a ‘blind’ trust to ensure that it operates without fear or favour. Importantly it has the freedom to campaign, lobby and operate in political circles. The current Fiji Club and other interested groups are heavily restricted as they cannot operate politically, due to restrictions on their articles of association or they run the risk of a media savaging.
Any groups must create a professional image with website and brochures to convey an air of authority but furthermore the key to success will be the staff and individuals who implement the strategy. Core administration and public affairs skills and expertise are very important but the critical skill will be political knowledge. We need to have a political operator with many years’ experience of both Westminster and Whitehall from a campaigning perspective. There are back channels, tricks of the trade and hard political skills, which are needed to achieve results. The usual trooping around meeting and greeting, will not work. Yes, parliamentary questions, motions, debates will create background mood music but only as part of a strategic campaign. Otherwise these tired tactics will not deliver the desired outcome. There is an urgency to this operation to build momentum before the recess.
It is absolutely vital to have a political operator who organises a determined, ethical but effective campaign(s) that truly understands how to :- • hit the ground running ASAP for maximum impact • build up a core team of Government parliamentarians including Ministers, • work to win over and then position H.M. Opposition to support the strategy, • pounce on political opportunities and robustly protect from attacks • tactically influences civil servants, charities and other stakeholders by identifying collaborative partnerships within and around Westminster • build an intelligence network of knowledge to provide an ‘early warning system’ as well as organically refine the strategy over time Whoever takes on the political operator role must be someone that I implicitly trust and understands my way of thinking. It must be a results focused person and someone who knows
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Westminster and Whitehall inside out, including the complex parliamentary rules. It isn’t just about contacts but rather knowing the intricate chess game of politics and how to win the battles ahead.
A new UK-Fiji Foundation must be politically savvy and use new skills to persuade and influence policy change in Government, so that Fiji sees a surge in political interest and ultimately achieves democracy to allow the benefits of increased aid and investment back into the country.
Patrick Mercer OBE MP
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APPENDIX 10 – Paul Marsden’s briefing on the inquiry report sent to AAC dated 15 April 2013
Proposed report title: “Road map for Fiji’s re-entry into the Commonwealth”
1 Proposed outline terms of reference:
To undertake an inquiry into the current political situation in Fiji and consider how the country could return to membership of The Commonwealth.
2 Suggested approach
In order to establish credibility with the Commonwealth, Governments, media and public, it is essential that key parts of the opposition, media, churches and representatives of human rights organisations are met and listened to when taking evidence. If any presumptions or prejudging occurs before publication of an inquiry report, then the credibility will be destroyed. A robust approach would be taken to keeping the inquiry within timescales, budget and ethical protocols to ensure that the process is perceived as being professional and legitimate.
It is strongly recommended that an Inquiry Secretariat is appointed to:- • Carry out research and provide Inquiry Team briefings • Undertake administration such as drafting letters to witnesses, arranging meetings, taking minutes at meetings, answering queries from APPG Officers • Arranging travel and accommodation, if appropriate, for the Inquiry Team • First point of contact for the media before passing to APPG Chairman • Drafting the report to ensure continuity and with a professional, ‘parliamentary narrative’
3 Witnesses to be requested to meet the Inquiry Team
Not all of the individuals will be available but it is important that some elected representatives are met, officials and the opposition to give a balanced selection, who can be quoted in the report. Individuals to be invited to meet: • The Rt Hon Hugo Swire MP, Minister of State at the UK Foreign & Commonwealth Office responsible for Australia and the Pacific region • HE. Mr Emitai L Boladuadua, The Fijian High Commissioner, • H.E. The Hon. Ms Winnie Anna Kiap, Papua New Guinea High Commissioner • H.E. The Hon. Mike Rann, Australian High Commissioner • H.E. Dr the Rt Hon Lockwood Smith, New Zealand High Commissioner • The Commonwealth Secretary-General, Mr Kamalesh Sharma and The Commonwealth Ministerial Action Group (CMAG) representatives • Government of Fiji representatives (depending upon visit to Fiji and access to Government officials) including President Ratu Epeli Nailatikau
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• European Parliament, Council of Ministers and European Commission representatives • United Nations’ representatives • Amnesty International representatives • Fijian Opposition parties’ and Trades Unions’ representatives • Representatives of the media, NGO’s, Churches and religious minorities and business in Fiji
4 Report contents
The final contents table will only become apparent after an evolution of the inquiry process. However, some subjects are highly likely to be included:
1. Introduction 2. Overview of Fiji 3. Issues surrounding suspension of membership from The Commonwealth in 2009 4. Assessment of the current political situation in Fiji including draft constitution 5. Human rights 6. Freedom of expression 7. Assessment of the future of the economy and business 8. Civil society 9. Road map of entry back into The Commonwealth 10. Election protocols 11. Conclusions and recommendations Appendices: Inquiry Terms of Reference Maps Evidence and submissions
5 Timescales for the inquiry
Timescales for undertaking the inquiry will depend upon: • Creation of the APPG • Final approval by the new APPG Officers of the terms of reference • Urgency to publish the results (which may limit the scope of the witnesses and evidence) • Whether the inquiry remains UK based (to save time) and/or includes an overseas visit to Fiji and possibly other countries in the region • The typical recess periods for parliaments in the UK and elsewhere will interrupt the process. However, research can continue and an initial drafting of the report can continue, if funding is available. 16 April to 17 July 2013: Research issues and begin to meet witnesses (Note: State Opening 8 May 2013 and Parliament in recesses 24 May to 11 June)
17 July to 3 September: UK Parliament in recess
3 September to 18 September: Continue meeting witnesses
18 September to 15 October: UK Party conferences
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15 October to 13 November: Complete report, circulate draft and identify appropriate launch date with UK and international media.
19 November to 20 December: Parliament in session. Follow up questions to Ministers and possible debate.
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APPENDIX 11 – Correspondence between Snapper TV, Telegraph and Harbottle & Lewis
Correspondence with Snapper TV
SNAPPER TV Snapper TV Ltd, 5 Spectrum House, 32-34 Gordon House Road, London, NW5 1LP +44 (0) [telephone number]
BY EMAIL PRIVATE and CONFIDENTIAL
MR. PATRICK MERCER House of Commons, [room number] - Portcullis House, House of Commons SW1A 0AA. Parliamentary House of Commons, London, SW1A 0AA *****@parliament.uk Constituency Newark and Retford Conservative Association, Belvedere, 29A London Road, Newark, NG24 1TN Tel: [telephone number] | Fax: [fax number] M. ********
[website address] [email address]
Saturday 25 May 2013
Dear Mr Mercer,
I am the managing director of a television company called Snapper TV, which is making a programme for BBC 1 Panorama about the extent of political lobbying in Parliament.
The programme is being made against a general but continuing background of concern about the impact of lobbyists at Westminster. Following well-publicised criticisms of lobbying while in opposition, the Prime Minister subsequently commissioned a consultation process on lobbying. Among other things this exercise examined the feasibility of introducing a limited register of lobbyists, but has not yet resulted in legislative proposals.
In this context, we are examining the extent to which All Party Parliamentary Groups can provide outside entities such as lobbyists with opportunities to exert undue influence on the Parliamentary process.
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
A Working Party for the Speakers of both Houses reported in June 2012 and voiced concerns about the way in which such groups have proliferated and the ways in which they operate. The impact of the report remains unclear with key recommendations not being enacted e.g. disallowing associate APPG groups, reducing the number of APPGs and ensuring greater transparency of proceedings.
Other critics have voiced concern at the way in which the APPG system, primarily intended to cater for and foster the interests of MPs in particular subjects, can become vehicles for lobbyists. Some appear to have been formed at the behest of outside interests, against the spirit of the Speakers’ report which urged parliamentarians involved in APPGS to take fuller control of them.
Criticism has also come from political observers such Alistair Graham, the former chairman of the Committee on Standards in Public Life, and MPs themselves, who have said that reform of the APPG system is of vital importance.
In researching this programme we made an extensive examination of Parliamentary records including the Register of Interests, Parliamentary Questions, APPG reports, and many other relevant public and media sources.
We wished to look at the extent to which outside consultancy payments were apparently connected to the APPG system to MPs and Peers, the purpose of any such payments and the extent to which they may have created conflicts of interest.
According to your Register of Interests, in December 2010 you began receiving payments from Clearwater Special Projects, a company which provides personal protection, security and surveillance training, some of it directly targeted (according to its website) at government employees and the departments they work for.
You set up the APPG for Specialist Security in March 2011 after conceiving the idea a few months earlier, according to the APPG’s own website. You were appointed as its chairman, a position you retain today. The APPG’s stated remit is to “improve standards to ensure that only the most professional private security companies/individuals are allowed to work for the UK government in order to protect our national interests.”
The records show that Clearwater paid you monthly from December 2010 and continued until April 2012; during that period you received a total of £14,000.
During that same period, the managing director of Clearwater, Kevin Horak, worked for the APPG secretariat and was issued, at your discretion, with a parliamentary pass as a result of his association with the group. Initially you gave Mr Horak a parliamentary pass directly from your own staff allocation, but this was later changed so that the pass was connected with Mr Horak’s role with the APPG.
When challenged by Guido Fawkes about your association with Clearwater, you apparently confirmed that you were paid to introduce Mr Horak to potential new clients. You reportedly said the payments were stopped because you had proved ineffective in providing work for
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
Clearwater. When it was put to you that your simultaneous position as chair of the Specialist Security APPG and as a paid consultant to a beneficiary of the APPG was a conflict of interest, you were quoted as conceding that ‘it is a moot point.’
The APPG has so far produced one report, on VIP security at the 2012 Olympics. This report appears to break the rules on APPGs. These state that ‘the group’s publications should not give the impression that the group has been appointed by the House or is part of its official structure.’ Nevertheless, the report is headlined ‘House of Commons All Party Group on Specialist Security’ and carries the House of Commons’ portcullis. The report reads as if it has been written with companies such as Clearwater in mind. For instance, it states that ‘the Committee believes it is very important that the Government offers accessible advice and recommendations on the type of close protection services available in the private sector to any one making such inquiries.’ One company apparently offering such services is Clearwater.
The report is also critical of G4S, a large company whose interests are not represented by the APPG, and with which smaller companies such as Clearwater might find themselves in competition.
The APPG website, which as chairman you have responsibility for, exacerbates this issue. In its prominent use of the House of Commons portcullis the website would appear to contravene rules designed to prevent APPGs being confused with official committees of the House. Typically a disclaimer should clarify the position but we can find no such disclaimer on your website. Furthermore, the website details the history and background of the APPG but omits to mention your financial connections with Clearwater and the connections of its managing director as stated above.
Your Register of Interests states that you are being paid consultancy fees by a variety of other companies, some of which are also security oriented. One is Olive Group, which pays you £18,000 a year for 32 hours’ work per month.
You also list a company called Red Amber (for whom you are a consultant) yet do not currently state what, if any remuneration you may receive for your work for this company. The same is true in relation to your position advising Premier Composites Ltd and your work as patron of BAPCO.
As a result of the above research, you were contacted by phone on March 6 2013 by a representative of the Panorama team calling himself Daniel Mann. He told you that he was a political lobbyist, working for a communications company called Alistair Andrews Communications. He asked if you were interested in paid consultancy work in connection with his client the Society of Friends of Fiji. Neither of the above organisations exist.
You expressed interest in the proposal but asked if he was a journalist because this ‘could be an absolutely classic piece of investigative journalism,’ apparently acknowledging that what he was suggesting to you was beyond the rules. You acknowledged the ‘commercial overtones’ of the proposition and cautioned against ever meeting on parliamentary property.
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You subsequently met him on four occasions at 16 Old Queen Street SW1 and once at the Marriott Hotel in Waterloo. On one occasion you met him in the company of David “TC” Davies. And on another occasion you met him with Lynn Graham, a person associated with this programme, to whom you were prepared to issue a parliamentary pass in order to assist the compilation of an APPG report. The reporter also held a dozen or so phone calls with you.
From the outset you acknowledged the “commercial overtones” of Mr Mann’s proposal and you subsequently signed a contract for £2,000 per month, or £1,000 per day worked. You were ultimately paid a total of £4, 000.
Plainly you engaged in a paid consultancy. The guiding general principles enshrined in the Code of Conduct, for MPs are those of selflessness, integrity, objectivity, accountability, openness, honesty and leadership. Your actions appear to breach that Code / those principles.
The documentary we are now producing is likely to include some or all of the following allegations.
• That you agreed to issue, and subsequently did issue, an Early Day Motion which was put down on March 26 after it was passed to you by Mann, who had composed it. The motion called for the House to agree that Fiji should no longer be suspended from the Commonwealth and urged the Government to send a minister to Fiji to prepare for its readmission. This appears to be a breach of the Code of Conduct for MPs on several levels. Firstly, it was paid advocacy, something the Code forbids, since Mann was in practice paying you to put the motion down. Secondly, the rules on paid advocacy also disallow such things as the placing of questions or motions or speaking in the House, when such actions confer exclusive benefit on an entity, which is paying the MP. • It appears that you failed to declare an interest when tabling the motion. This breach is made worse since no mention of your paid work for Alistair Andrews, or more importantly its ‘Fijian client’, has yet appeared on your Register of Interests. • On May 8 and May 13 2013, you tabled a total of five questions on behalf of Mann and his ‘Fijian client’ at the request of Mann. These questions, which also carry no declaration of interest, also place you in breach of the Code of Conduct for the reasons stated above. These questions were answered by Foreign Office Minister Hugo Swire MP. • You have formed an all-party parliamentary group for Fiji at the direct request of Mann who told you that his ‘Fijian client’ required it. The Code of Conduct forbids MPs for money to ‘Advocate or initiate any cause or matter on behalf of any outside body or individual’ by way of an approach to servants of the Crown. Meeting with an official from the Office for the Commissioner for Standards with a view to setting up the APPG for Fiji would appear to breach this rule. The rules on paid advocacy also state, as mentioned above, that an MP cannot make such approaches if they seek to
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confer exclusive benefit (as this APPG apparently did) on an entity, which was paying him or her. • The Report to Both Speakers of The House regarding APPGs in June 2012, called for the abolition of ‘associate’ groups due to their giving voting rights to outside interests. Despite this, you also agreed to set up the APPG as an ‘associate’ group after Mann specifically requested this status for it as it would allow the ‘Fijian client’ more power over it. • At the specific request of Mann you agreed for the APPG to produce a report, which would address the exact concerns of the ‘Fijian client’. You drove the commissioning of an outline report “The Road Map For The Re-entry of Fiji Into The Commonwealth” by introducing a third party, Paul Marsden, to this process. The outline indicated that you intended to call a series of interviewees to give evidence in the House of Commons including Foreign Minister Hugo Swire MP, the Fijian High Commissioner and representatives of the UN and EU. When Mann expressed a desire for the report to have a conclusion favourable to the ‘Fijian client’, you initially told him that ‘as the chairman of the group I can assure you that we will get the conclusion that we want to get’. You also claimed that the author of the report was of a similar view. At a subsequent meeting, after expressing concerns as to the true identity of Mann, you backtracked, saying you could not guarantee the outcome of the report, although you still felt it would paint a ‘pretty benign picture of what’s going on’ in Fiji. You were, however, as chairman of the APPG, still in the pay of a partisan vested interest, thereby undermining your newfound claims of impartiality. You further stated, in a previous meeting, that you would bring the report to the attention of the Foreign Secretary, or one of his ministers. This appears to contravene the Code of Conduct, which prohibits the approaching of ministers in return for financial reward. The Code also disallows the practice of seeking to confer exclusive benefit (which this report would likely have done) by approaching a minister when the MP is being paid by an entity receiving the benefit. • You offered to initiate a debate in Parliament on the issue of Fiji re-entering the Commonwealth at which you would urge the Government to send a minister to Fiji. It is our understanding that you duly applied for such a debate on at least one occasion. This also appears to constitute a breach of the Code of Conduct. • You signed a contract with Mann stating that you would act as a consultant to Alistair Andrews Communications. You chose to strike out the reference to Fiji in the contract (since you were worried about it having been disclosed) and have referred to yourself since in a meeting with Mann as a general consultant for Alistair Andrews, although at no time has Mann asked you to undertake any non-Fijian related work whatsoever. • Similarly, at various times, including at your meeting on March 13 with Mr Mann you volunteered that such consultancy could involve your performing extra-Parliamentary duties such as media work on behalf of the Fijian client e.g. seeking to portray the Fijian community in a good light by obtaining commissions for documentaries from such organisations as the BBC. In truth, this work was never commissioned by Mann
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nor discussed, other than as a means of masking the true nature of the work that you would be carrying out. • Furthermore, while carrying out the work on behalf of Alistair Andrews you also acknowledged that you knew little about Fiji. At various points you thought up irrelevant reasons for taking up such work including your knowledge of Fijian soldiers working in the British Army and the fact that your constituency produces sugar. At various times you displayed fundamental lack of knowledge of Fijian affairs. • At various times you displayed concern that the nature of what you were engaged in with Mr Mann could be drawn to the attention of the media. For example, in your first conversation with Mr Mann on March 6 you indicated that what you were doing could provide material for a “classic piece of investigative journalism”. On another occasion you indicated that if the nature of this work became public then “Guido Fawkes would be all over it like a dose of the clap.” • In truth it has been abundantly apparent from the outset that Alistair Andrews was retaining you to lobby for it in Parliament. Signing the contract was therefore also a breach of the Code of Conduct, which prohibits MPs from entering ‘into any contractual agreement with an outside body, controlling or limiting the Member's complete independence and freedom of action in Parliament or stipulating that he shall act in any way as the representative of such outside body in regard to any matters to be transacted in Parliament.’ Furthermore, you wanted to remove any reference of the word Fiji, apparently having no intention of revealing that you were working on behalf of the ‘Fijian client’, despite the Code stating: ‘Where a Member receives remuneration from a company or partnership engaged in consultancy business which itself has clients, the Member should list any of those clients to whom personal services or advice are provided, either directly or indirectly.’ • By signing the contract on March 20 you acquired a registerable interest. The Code of Conduct forbids MPs from undertaking ‘any action, speech or proceeding of the House (except voting) to which the registration would be relevant until he or she has notified the Commissioner of that interest.’ You tabled the early day motion on March 26 and submitted three questions on April 29 (two of which were accepted and tabled on May 8) and a further three tabled on May 13. Yet, as of the most recently updated Register (updated as of May 22), this has not been included. There is no sign of your involvement with Alistair Andrews or the ‘Fijian client.’ Therefore, this is a clear breach of the Code. • The Code states that ‘it is the responsibility of Members to notify changes in their registerable interests within four weeks of each change occurring.’ Since you signed the contract with Mann on March 20, and as of May 22 you had made no such change to your Register, you are in breach of this aspect of the Code. • You told Mann that you would not be lodging the contract you signed with him with the Parliamentary authorities, despite the Code stating that: ‘a Member who is regularly providing services in the capacity of a Member of Parliament should obtain, and deposit with the Office of the Parliamentary Commissioner for Standards for
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public inspection and reproduction if required, an agreement for the provision of services, and should register earnings in bands of £5,000.’ Please confirm whether or not you have given a copy of your contract with Mann to the Office of the Parliamentary Commissioner for Standards. If you have not, it appears that this is a breach of the Code. • You agreed to help Mr Mann try to recruit other MPs and Peers who might be interested in paid consultancies of a similar nature to your own. In this respect you introduced David TC Davies to Mr Mann. You assured Mr Mann on several occasions that Mr Davies was keen to accept a role as a paid consultant. You encouraged Mr Davies to attend a meeting at which Mr Mann explored this subject. In the event Mr Davies declined to take the matter further. • You agreed to issue a person of Mann’s choosing with a Parliamentary pass. Although there is no specific reference in the Code to parliamentary passes, issuing one in such circumstances would appear to contravene the general principles, not least the one on objectivity: ‘In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.’ • Unless you have notified the other members of the APPG for Fiji of your financial interest you would appear to be in breach of the general principles of the Code, those on honesty, accountability and openness. • You expressed an interest in visiting Fiji at the expense of Alistair Andrews and/or the ‘Fijian client’ and stated that the attraction of the destination made finding members for the new APPG a much easier task since there were many ‘freeloaders’ who would be interested in taking advantage of free trips. One particular MP who you said you had approached to sit on the APPG had asked if he could bring his wife on the funded trip to Fiji. • You agreed to lobby on behalf of Fijian business interests, some of which are in the business of making and exporting sugar and competing with sugar making interests British Sugar within your own constituency. You acknowledged that these interests are the only remaining industry in your constituency. You acknowledged that Fijian interests conflicted with the interests of your constituency • You agreed to lobby on behalf of these Fijian interests despite significant widespread concerns at the Government’s human rights record. You appeared significantly uninterested when specifically informed of a video depicting Fijian authorities torturing escaped prisoners, actions that have been roundly condemned by the international community. • You suggested forming a foundation to work in tandem with the APPG and act as its engine, thereby helping to push the cause of the ‘Fijian client’ further. • You offered to host a launch party for the APPG in the Houses of Parliament and also to host a lunch for the ‘Fijian client’ at the House of Commons on June 5.
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Submission to Parliamentary Commissioner for Standards By Patrick Mercer OBE MP
The following personal remarks that you made may also be referred to in the programme. These include:
• Disparaging remarks about the characteristics of Fijian soldiers, describing them as having G1 (personality) problems. You also said that there were a number of Commonwealth soldiers who “played the system “by getting themselves repeatedly sent away on driving courses. We note that you previously made disparaging remarks about black soldiers, remarks that prompted your removal from the Conservative front bench. • Disparaging remarks about an Israeli female soldier about whom you said: ‘you don’t look like a soldier to me, you look like a bloody Jew.’
We will also be notifying other MPs and Peers who have become involved during our research period. These include David “TC” Davies MP as well as Parliamentarians who volunteered to sit on the APPG that you set up for Fiji at our behest.
This programme has been commissioned by BBC 1 through the Panorama strand but as yet has no transmission date. It is likely to be broadcast before Parliament breaks up for the summer but probably well before that.
We would request that you answer the points we have raised and if you wish to respond to the matters that we have highlighted in this letter that you do so with the next 5 days. Yours sincerely,
PhilipName Clothier Managing Director Snapper TV T. [telephone number] [email address]
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