Mr Stewart Jackson MP: Resolution Letter
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1 Complaints rectified 2008-09 Mr Stewart Jackson MP: Resolution Letter Letter to Councillor Stephen Lane from the Commissioner, 28 October 2008 I have completed my consideration of the complaint you sent me on 6 June, following your letter of 28 May about the content of Mr Stewart Jackson MP’s website funded from Parliamentary allowances. In essence, your complaint is that the presentation of Mr Jackson’s website and certain of its material promotes the interests of his political party and damages the interests of other parties, contrary to the rules of the House in respect of websites funded from Parliamentary allowances. I have carefully considered your complaint and the material which you sent me with your letter. I have also consulted Mr Stewart Jackson and the House of Commons authorities. You complained first about the use of the Conservative party logo on Mr Jackson’s Home Page and on a number of his webpages. As you know, the rules permit party logos as long as they are proportionate and discreet. How this is interpreted is, of course, a matter of judgement, but, taking account of the accepted practice among Members whose website is funded, as is Mr Jackson’s, from the Communications Allowance, I consider that Mr Jackson’s use of the logo is within the permitted range and is not, therefore, a breach of the rules of the House. Turning to the seven news items or articles to which you drew my attention, I consider that some of the references in each of these items do advance perspectives or arguments with the intention of promoting the interests of Mr Jackson’s political party or seek to promote one party at the expense of others. I consider that each of these items, therefore, should not have been placed on a website funded from Parliamentary allowances and, in so doing, Mr Jackson was in breach of the rules of the House. Mr Jackson has accepted that these items on his website did breach the rules of the House. He has apologised unreservedly for these contraventions. He has removed each of the articles from his website. He has established new systems for checking press releases before uploading. He will seek to ensure in future that his news items and articles which are put on his website comply fully with the rules of the House. I should add that I have no evidence that Mr Jackson intended to breach the rules of the House in putting these items on his website. The rules clearly require interpretation but, having considered this carefully on the basis of the advice of the House authorities, he fully accepts the breaches identified. Mr Jackson has, therefore, accepted that these items on his website breached the rules of the House. The breach was not, in my judgement, intentional. He has removed the items from his website. He has unreservedly apologised and will seek to ensure there is no recurrence. I consider that this is satisfactory resolution of this matter and I therefore regard your complaint as now closed. I will be reporting the outcome to the Committee on Standards and Privileges. Thank you for raising the matter with me. I am copying this letter to Mr Stewart Jackson MP. 28 October 2008 2 Complaints rectified 2008-09 Mr Stewart Jackson MP: Written Evidence 1. Letter to the Commissioner from Councillor Stephen Lane, 6 June 2008 I write with a concern over what I believe to be a misuse of the Incidental Expenses Provision (IEP) by Stewart Jackson MP, and ask that you investigate this and advise of the outcome and any consequential action. My complaint is focussed on the nature of the content of the Member’s website: stewartjackson.org.uk, the responsibility of which lies with the Member and is funded from the Incidental Expenses Provision of the House of Commons. I understand that IEP rules allows for communications to be paid in full or in part from public funds but should be entirely free from any political or campaigning comments. These rules are laid down in the Green Book and are clear in this respect. With my understanding of this, I am of the opinion that in this case the Member has misused the provision and ask you to consider my complaint. I can offer the following examples from this website as evidence and suggest these to be contrary to the rules, as per my arguments attached: 1. Use of a party logo. Although currently it may be acceptable if it were discreet, I suggest the intention of the logo’s inclusion is to influence, because it has not just been used as an introduction, but can be found in use throughout the Member’s website. 2. Two ‘News’ items, both dated 13th March 2008: a) Action needed to stop criminals re-offending and cut crime says Jackson b) Stewart Jackson—A Bad News Budget for Peterborough I perceive the content of these as advancing a perspective or argument with the intention of promoting the interest of a political party, and damaging to the interest of another. 3. Two items listed under ‘Articles’: c) Are We Surprised—25th January 2008 d) Gordon Brown—27th October 2007 A Member’s communication paid in full or in part from public funds should be entirely free from any political or campaigning comments. I believe the content of these two items fall into this arena and should not be allowed. 4. One photograph, found in ‘Gallery’: “Stewart campaigning to keep local post offices open" The photograph shows the Member in front of what appears to be empty shop premises, holding a placard that reads: ‘CLOSED BY LABOUR’”. This has the intention of promoting support for the Member, and to damage the interest of another political party. A Member's communication paid in full or in part from public funds should be entirely free from any political or campaigning comments. After consideration of the above, and if you determine there has been a breach of the rules by a Member of Parliament, I ask that he would receive the appropriate reprimand and be instructed to compensate the public purse accordingly. 3 Complaints rectified 2008-09 I am aware of the current review on Members' allowances by the House of Commons Members Estimate Committee and hope the outcome will result in more clear and mandatory rules for communicating with constituents, thereby avoiding confusion and a damaging effect on public confidence. 28 May 2008 2. Letter to the Commissioner for Standards from Councillor Stephen Lane, 6 June 2008 Thank you for your reply of 29 May 1 and I am happy to provide the printouts of areas of the website to support my complaint. For ease of reference I have applied a numbered label to these, which can be related to the following list: 1. Use of a party logo. Unfortunately, I must accept this item is not covered under IEP rules in the Green Book. I understand it is covered under the guidance issued to Members for the use of the Communications Allowance and therefore ask if the same could apply when claimed for under IEP rules. 2. Use of party logo. I suggest the intention of this logo is to influence, because it has not just been used as an introduction when it can be found in use throughout the website. In this example it has been attached to a non-political image of Peterborough (The printout has been created from an edited version of the web page because although the logo is visible on-line, it does not appear when printing the actual web page). 3. ‘News’ item dated 13 March 2008: Action needed to stop criminals re-offending and cut crime says Jackson The item promotes a political party, and its policies, by making reference to this party’s new plans to deal with the subject involved. The Member also writes an argument against another party’s policies on the same topic. I believe the news item intends to campaign for a political party and thereby contravenes the scope of the IEP, as per paragraph 5.1.1 of the Green Book. In addition, it contravenes paragraph 5.13.4, which clearly states that expenditure is not allowable for campaigning on behalf of a political party or cause, nor communications on personal or party political matters. 4. ‘News’ item dated 13 March 2008: Stewart Jackson - A Bad News Budget for Peterborough It is accepted that Members will have an opinion on every Budget and will comment accordingly. However, this item attacks a Minister’s action, namely Alistair Darling, and highlights an argument that is potentially controversial, depending on individual or political opinion. As such, I believe the subject matter to be unacceptable for inclusion on a website that is intended to report on the work of an elected Member -not to promote a perspective or argument with the intention of promoting the interests of any political party or damaging the interests of any other such party. It contravenes paragraph 5.13.4 of the Green Book. 5. ‘Articles’ item dated 25 January 2008: Are We Surprised The impression I gained, when reading this item, was the Member intended to create political mischief. The article does not report, nor inform, but is loaded with rhetorical questioning that I believe attempts to advance a perspective or argument, and damage the interest of a party of Government. It contravenes paragraph 5.13.4 of the Green Book. 6. ‘Articles’ item dated 27 October 2007: Gordon Brown This article is intended to advance the political campaign that was current in the national media at that time.