Contents Mr Patrick Mercer MP: Written evidence 3 5 Evidence from the Investigation 3 1. Article published in The Daily Telegraph, 31 May 2013 3 2. Additional Article published in The Daily Telegraph, 31 May 2013 4 3. Letter to the Commissioner from Mr Patrick Mercer MP, 3 June 2013 5 4. Letter (sent via e-mail) to Mr Patrick Mercer MP from the Commissioner, 3 June 10 2013 5 5. Letter to the Editor of Panorama (BBC) from the Commissioner, 12 June 2013 6 6. Letter to the Editor of The Daily Telegraph from the Commissioner, 13 June 2013 7 7. Letter to Mr Patrick Mercer MP from the Commissioner, 13 June 2013 7 8. Appendices to letter to Mr Patrick Mercer MP from the Commissioner, 13 June 15 2013 8 9. Article by The Daily Telegraph Political Correspondent, 13 June 2013 13 10. Letter to the BBC Litigation Department from the Commissioner, 25 June 2013 15 11. Letter to the Commissioner from the Political Editor of The Daily Telegraph, 25 June 2013 15 20 12. Letter to the Political Editor of The Daily Telegraph from the Commissioner, 27 June 2013 15 13. E-mail to the Commissioner from Mr Patrick Mercer MP,11 July 2013 15 14. Cover letter to the Commissioner from Mr Patrick Mercer MP, 11 July 2013 16 15. Letter to the Commissioner from BBC Litigation Department, 16 July 2013 18 25 16. Letter to BBC Litigation Department from the Commissioner, 18 July 2013 20 Supporting and Background Evidence 21 17. Early Day Motion drafted by Mr Daniel Mann and given to Mr Patrick Mercer MP, 20 March 2013 21 18. Contract signed by Mr Mercer, 20 March 2013 22 30 19. Early Day Motion 1249, tabled 26 March 2013 23 20. Question to be raised in Parliament, drafted by Mr Daniel Mann, 18 April 2013 23 21. Bank Statement of Alistair Andrews Communications, 9 May 2013 24 22. E-mail Exchange between Mr Patrick Mercer MP and Mr Daniel Mann on 13 May 2013 25 35 23. Written Parliamentary Questions, Hansard, 16 May 2013 29 24. E-mail Exchange between Mr Patrick Mercer MP and Mr Daniel Mann on 17 May 2013 29 25. Written Parliamentary Question, Hansard, 20 May 2013 33 26. Bank Statement of Alistair Andrews Communications, 7 June 2013 34 40 27. Extract from Register of Members’ Financial Interests for Mr Patrick Mercer MP, 10 June 2013 35 28. Extract from Register of Members’ Financial Interests for Mr Patrick Mercer MP, 24 June 2013 36 29. Letter to Mr Patrick Mercer MP from the Commissioner, 16 July 2013 38 1 30. Letter to Mr Patrick Mercer MP from the Commissioner’s office, 22 July 2013 39 31. Letter to Mr Patrick Mercer MP from the Commissioner, 12 September 2013 39 32. Letter to Mr Paul Marsden from the Commissioner, 25 September 2013 39 33. Transcript of Interview with Mr Paul Marsden, 12 November 2013 40 5 34. Letter to Mr Paul Marsden from the Commissioner, 20 November 2013 51 35. Letter to Mr Patrick Mercer MP from the Commissioner, 20 November 2013 51 36. E-mail to the Commissioner from Mr Paul Marsden MP, 20 November 2013 52 37. Letter to Mr Patrick Mercer MP from the Commissioner, 25 November 2013 52 38. Letter to Patrick Mercer MP from the Commissioner, 4 December 2013 52 10 39. Transcript of interview with Mr Patrick Mercer MP, 10 December 2013 52 40. E-mail to the Commissioner’s office from the office of Mr Patrick Mercer MP, 20 December 2013 65 41. Letter to Mr Patrick Mercer MP from the Commissioner, 11 February 2014 65 42. Transcript of interview with Mr Patrick Mercer MP, 25 February 2014 66 15 43. Letter to the Registrar of Members’ Financial Interests from the Commissioner, 3 March 2014 73 44. Letter to the Commissioner from the Registrar of Members’ Financial Interests, 10 March 2014 74 45. Letter to Mr Patrick Mercer MP from the Commissioner, 19 March 2014 77 20 46. E-mail to the Office of the Parliamentary Commissioner for Standards from the Office of Mr Patrick Mercer MP, 26 March 2014 77 2 Mr Patrick Mercer MP: Written evidence Evidence from the Investigation 1. Article published in The Daily Telegraph, 31 May 2013 5 Patrick Mercer MP resigns over lobbying scandal Patrick Mercer has dramatically resigned from the Conservative Party after being confronted by The Telegraph. Patrick Mercer's resignation initially sparked speculation that he was preparing a challenge to David Cameron’s leadership. Photo: REUTERS 10 By Claire Newell, and Holly Watt 11:50AM BST 31 May 2013 The Telegraph and the BBC's Panorama have been investigating the former shadow minister over a major lobbying scandal and is poised to publish a series of revelations about Mr Mercer tomorrow. He was yesterday asked questions over his activities and was expected to be suspended from the Parliamentary 15 Conservative party this evening. However, the Conservative MP for Newark is thought to have resigned the whip and is poised to make a statement. The scandal, details of which will be exposed by The Telegraph and Panorama, involved Mr Mercer lobbying on behalf of Fiji. 20 Parliamentary records show that he asked a question about the regime's suspension from the Commonwealth and put down an Early Day Motion - a device used by MPs to draw attention to certain causes. Mr Mercer’s resignation initially sparked speculation that he was preparing a challenge to David Cameron’s leadership. The MP has repeatedly criticised the Prime Minister and called for him to be replaced. He was sacked from the Tory frontbench in March 2007 after he suggested in an interview that being called a 25 “black bastard” was a normal part of life in the armed forces. He added that he had met a lot of “idle and useless” ethnic minority soldiers. In a statement, Mr Mercer said: "Panorama are planning to broadcast a programme alleging that I have broken Parliamentary rules. "I am taking legal advice about these allegations - and I have referred myself to the Parliamentary 30 Commissioner for Standards." "In the meantime, to save my party embarrassment, I have resigned the Conservative Whip and have so informed Sir George Young. I have also decided not to stand at the next general election." A Conservative Party spokesman said: "The Prime Minister is aware. He thinks Patrick Mercer has done the right thing in referring himself to the Parliamentary Commissioner for Standards and resigning the whip. 35 "It's important that the due processes take their course." 31 May 2013 3 2. Additional Article published in The Daily Telegraph, 31 May 2013 Exposed: deal that sank cash for questions MP Mercer A senior Conservative MP has been exposed for abusing his position by tabling parliamentary questions and 5 motions — and offering lobbyists a security pass for the House of Commons — after being paid thousands of pounds. By Claire Newell, Holly Watt, Daniel Foggo and Ben Bryant 9:06PM BST 31 May 2013 An undercover investigation conducted by The Telegraph and the BBC’s Panorama programme discloses that 10 Patrick Mercer, a former shadow minister, tabled five questions to government ministers and put down a parliamentary motion after being paid £4,000 as part of a contract he believed would earn him £24,000 a year. The parliamentary questions were all drafted by undercover reporters purporting to be lobbyists for businesses with interests in Fiji. The Conservative MP also established an all-party parliamentary group in support of the cause being 15 promoted by the lobbyists, which he boasted he had persuaded around 20 other politicians to back publicly. Mr Mercer, who signed a contract for £2,000 a month also agreed to provide a parliamentary pass for a “representative” of the fictional Fijian client. “I do not charge a great deal of money for these things,” Mr Mercer said during a meeting to arrange his “consultancy” fee. “I would normally come out at £500 per half day. So £1,000 a day.” 20 Mr Mercer, who was once sacked from the front bench after making remarks about ethnic minority soldiers, was also filmed making a racist remark in front of an undercover reporter. Mr Mercer resigned from the Conservative Party and referred himself to the Parliamentary Commissioner for Standards after being told that he was to be exposed by the joint Telegraph and BBC investigation. Parliamentary rules ban MPs from undertaking “paid advocacy” on behalf of paying clients. 25 Mr Mercer may also now be investigated by the police over potential offences of bribery and misconduct in a public office. Alistair Graham, the former Commissioner for Standards, said that Mr Mercer’s actions were “totally unacceptable”. “It brings us back to 'cash for questions’ in the Nineties and is deeply depressing. It’s parliamentary prostitution – whatever the client wants, the client appears to get,” he said. 30 The scandal also highlights David Cameron’s failure to bring in promised laws to allow disgraced MPs to be expelled from Parliament and to regulate political lobbying. In 2010 Mr Cameron stated that lobbying was “the next big scandal waiting to happen”, yet a proposal of a register of lobbyists has been absent from the Queen’s Speech for two years running. Mr Mercer signed a contract with the bogus lobbying firm and has been paid £4,000 for his services, which he 35 has yet to declare publicly. After receiving his first payment, Mr Mercer was recorded saying: “I will put a handful of parliamentary [questions], PQs about it [the issue raised by the lobbyists]”.