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Conduct of Mr Jonathan Sayeed House of Commons Committee on Standards and Privileges Conduct of Mr Jonathan Sayeed Third Report of Session 2004–05 Report and Appendices together with formal minutes and oral evidence Ordered by The House of Commons to be printed 2 February 2005 HC 233 Published on 3 February 2005 by authority of the House of Commons London: The Stationery Office Limited £14.50 Committee on Standards and Privileges The Committee on Standards and Privileges is appointed by the House of Commons to oversee the work of the Parliamentary Commissioner for Standards; to examine the arrangements proposed by the Commissioner for the compilation, maintenance and accessibility of the Register of Members’ Interests and any other registers of interest established by the House; to review from time to time the form and content of those registers; to consider any specific complaints made in relation to the registering or declaring of interests referred to it by the Commissioner; to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in the Code of Conduct which have been drawn to the Committee’s attention by the Commissioner; and to recommend any modifications to the Code of Conduct as may from time to time appear to be necessary. Current membership Rt Hon Sir George Young Bt MP (Conservative, North West Hampshire) (Chairman) Mrs Angela Browning MP (Conservative, Tiverton and Honiton) Mr Wayne David MP (Labour, Caerphilly) Mr Andrew Dismore MP (Labour, Hendon) Rt Hon Derek Foster MP (Labour, Bishop Auckland) Mr David Heath CBE MP (Liberal Democrat, Somerton and Frome) Rt Hon Andrew Mackay MP (Conservative, Bracknell) Mr Kevin McNamara MP (Labour, Hull North) Mr Stephen Pound MP (Labour, Ealing North) Mr Simon Thomas MP (Plaid Cymru, Ceredigion) Powers The constitution and powers of the Committee are set out in Standing Order No. 149. In particular, the Committee has power to order the attendance of any Member of Parliament before the committee and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of the Commissioner, be laid before the Committee. The Committee has power to refuse to allow its public proceedings to be broadcast. The Law Officers, if they are Members of Parliament, may attend and take part in the Committee’s proceedings, but may not vote. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at: www.parliament.uk/sandp. A list of Reports of the Committee in the present Parliament is at the back of this volume. Committee staff The current staff of the Committee are Dr Christopher Ward (Clerk), Miss Jenny McCullough (Second Clerk) and Lisa Hasell (Secretary). Contacts All correspondence should be addressed to The Clerk of the Committee on Standards and Privileges, Journal Office, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 6615. Conduct of Mr Jonathan Sayeed 1 Contents Report Page Conduct of Mr Jonathan Sayeed 3 Introduction 3 The English Manner Limited 3 The key issues 4 Financial benefit 4 The risk of a conflict of interest 5 Employment of Mrs Alexandra Messervy 7 Other matters 8 Overall conclusions 9 Appendix 1: Memorandum from the Parliamentary Commissioner for Standards 11 Written Evidence received by the Parliamentary Commissioner 37 Appendix 2: Memorandum from Mrs Alexandra Messervy 84 Appendix 3: Memorandum from Mr Jonathan Sayeed 89 Appendix 4: Further memorandum from Mr Jonathan Sayeed 94 Answers to Written Questions from the Committee on Standards and Privileges 94 Formal minutes 103 Reports from the Committee on Standards and Privileges in the current Parliament 104 Oral evidence Ev 1 Conduct of Mr Jonathan Sayeed 3 Conduct of Mr Jonathan Sayeed Introduction 1. We have considered a memorandum by the Parliamentary Commissioner for Standards relating to a complaint against Mr Jonathan Sayeed, Member for Mid Bedfordshire, by Mr Ivan Henderson, Member for Harwich. The Commissioner’s memorandum is appended to this Report.1 2. In his complaint Mr Henderson sought an investigation into whether Mr Sayeed had “abused Parliamentary privilege” in respect of his association with The English Manner Limited, a company in which Mr Sayeed has a 30% shareholding. He also asked the Commissioner to examine whether it was ethical for Mr Sayeed to employ Mrs Alexandra Messervy as his constituency assistant when she was also the majority shareholder of The English Manner Limited, “a dual role that may have resulted in an unacceptable conflict of interest”. 3. In support of his requests, Mr Henderson drew attention to allegations made by The Sunday Times in August 2004.2 He also submitted to the Commissioner material supplied by that source, some of which the Commissioner has submitted to us with his memorandum.3 4. Mr Sayeed has vigorously and consistently denied any impropriety, either in relation to his relationship with The English Manner Limited or in his employment of Mrs Messervy as his constituency assistant. 5. Besides the Commissioner’s memorandum, we have received further material from both Mr Sayeed, reproduced at Appendices 3 and 4, and Mrs Messervy, reproduced at Appendix 2. Mr Sayeed also asked to give oral evidence, which we took on 25 January 2005.4 The English Manner Limited 6. The English Manner Limited was incorporated in June 2001. Mrs Messervy has a 60% shareholding. Mr Sayeed, who is also a consultant to the company, has a 30% shareholding. The remaining 10% is owned by Mrs Genie Ford. She and Mrs Messervy are the directors of the company, and the operation of The English Manner in the United States is under the day-to-day management of Mrs Ford.5 In particular, the company’s website is maintained there.6 1 Appendix 1, p 11. 2 Articles reproduced at Appendix 1, WE 1–2, pp 37–40. 3 Appendix 1, WE 4–5, pp 41–6. 4 Most of the evidence has been reported to the House and is published with this report. A small amount of evidence has not been reported, in all cases to protect the privacy of third parties. 5 Appendix 1, WE 13, p 75. 6 www.theenglishmanner.com. 4 Conduct of Mr Jonathan Sayeed 7. Amongst other business ventures, the company offers on the American market luxury travel packages to the United Kingdom, which typically include an instructional element. The company markets these and other activities in part on the basis of the exclusivity of the access it is able to arrange. The key issues 8. It has long been accepted that exploiting membership of the House for personal gain, or the use of its facilities to further a commercial interest, is wrong. The issues at the heart of this case therefore appear to be: x Whether Mr Sayeed gained personally, either directly, or indirectly through enhancement of the goodwill of the company (which would potentially enhance the value of his investment), from entertaining in the House of Commons guests who were in the United Kingdom as clients of The English Manner Limited; and x Whether he recognised the risk of a conflict of interest between his position as a Member and his financial involvement in The English Manner Limited and, if so, whether he took adequate steps to minimise that risk and to resolve appropriately any conflict between the public interest and his private interests. Financial benefit 9. We accept, as did the Commissioner,7 that there is no evidence that Mr Sayeed received any direct financial benefit from any of the occasions on which he entertained in the House guests who had links with The English Manner Limited. 10. As to the question of potential indirect benefit, Mr Sayeed asserts8 that, on each occasion, he was entertaining in a personal capacity, because at least one member of each group was a personal friend. Any link to The English Manner Limited was, he maintains, incidental, and those involved should properly have drawn a distinction between what had been provided by the company contractually, and what he provided on a personal basis.9 11. We do not consider that this argument is sustainable. We have seen a copy of the programme The English Manner issued for the visit of the Lake Forest Garden group10 and which was circulated in advance to the group leader.11 It shows as part of the main programme for Tuesday 25 May “a unique private tour and champagne reception with senior Members of Parliament and the House of Lords … After dinner, if parliamentary business allows it, there may be an opportunity to listen to the business of the day in the debating chamber of the Lords or Commons”. Given that, three days earlier, Mr Sayeed was to accompany the group on its visit to Gorhambury in his “English Manner” capacity, 7 Appendix 1, para 71. 8 Ev Q 15. 9 Ev Q 31. 10 Not reported. 11 Appendix 4, p 95; Appendix 1, WE 12, p 73; see also Ev Q 4. Conduct of Mr Jonathan Sayeed 5 we doubt whether they would have drawn the distinction which Mr Sayeed seeks to make, particularly as only one of the group, its leader, was a personal friend.12. 12. Likewise, in relation to the visit of the Supreme Court judges, we note that Mr Sayeed accompanied the group to view the Trooping of the Colour, and also hosted a buffet lunch at the House for the group.13 However, the visitors apparently met the cost through an advance payment to The English Manner’s American bank account; it would therefore have been entirely understandable if they assumed that The English Manner was responsible for the arrangements.
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