House of Commons Committee on Standards Simon Hughes Third Report of Session 2013–14 Volume II Written evidence Ordered by the House of Commons to be published 5 November 2013 The Committee on Standards The Committee on Standards 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 Kevin Barron MP (Labour, Rother Valley) (Chair) Sir Paul Beresford MP (Conservative, Mole Valley) Mr Robert Buckland MP (Conservative, South Swindon) Rt hon Tom Clarke MP (Labour, Coatbridge, Chryston and Bellshill) Mr Christopher Chope MP (Conservative, Christchurch) Mr Geoffrey Cox MP (Conservative, Torridge and West Devon) Sharon Darcy (Lay Member) Rt Hon Sir Nick Harvey MP (Conservative, North Devon) Mr Peter Jinman (Lay Member) Fiona O’Donnell MP (Labour, East Lothian) Mr Walter Rader (Lay Member) Heather Wheeler MP (Conservative, South Derbyshire) Dr Alan Whitehead MP (Labour, Southampton Test) The following were also Members of the Committee during the Parliament: Annette Brooke MP (Liberal Democrat, Mid Dorset and North Poole) 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/standards. Committee staff The current staff of the Committee are Eve Samson (Clerk), Danielle Nash (Second Clerk) and Miss Christine McGrane (Committee Assistant). Contacts All correspondence should be addressed to The Clerk of the Committee on Standards, Journal Office, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 6615 Simon Hughes written evidence 3 Written evidence to the Parliamentary Commissioner for Standards 1. Complaint letter from Peter John to the former Parliamentary Commissioner for Standards [attached to Report (HC 805) as Appendix 2] 3 2. Letter to Rt Hon Simon Hughes MP from the former Commissioner, 26 November 2012 3 3. Letter to the Commissioner from Rt Hon Simon Hughes MP, 4 January 2013 7 4. Enclosure to Rt Hon Simon Hughes’ MP’s letter of 4 January 2013 9 5. Letter to Rt Hon Simon Hughes MP from the Commissioner, 22 January 2013 14 6. Enclosures to the Commissioner’s letter of 22 January 2013: Summary of donations from Companies A, B and C since 2006 17 7. Letter to the Commissioner from Rt Hon Simon Hughes MP, 8 February 2013 18 8. Letter to the Rt Hon Simon Hughes MP from the Commissioner, 14 February 2013 23 9. Letter to the Commissioner from the Rt Hon Simon Hughes MP, 7 March 2013 27 10. Enclosure to Rt Hon Simon Hughes MP’s letter to the Commissioner of 7 March 2013: Letter from Rt Hon Simon Hughes MP to a director of Southwark Metals, 5 April 2012 30 11. Letter to the Rt Hon Simon Hughes MP from the Commissioner, 12 March 2013 31 12. Letter to the Commissioner from Rt Hon Simon Hughes MP, 8 May 2013 35 13. Enclosure to Rt Hon Simon Hughes MP’s letter of 8 May 2013: Meeting Note: Appendix B 37 14. Enclosure to Rt Hon Simon Hughes MP’s letter of 8 May 2013: Appendix B1: E-mail of 17 October 2012 from Rt Hon Simon Hughes MP’s diary manager 37 15. Letter to Rt Hon Simon Hughes MP from the Commissioner, 20 May 2013 37 16. Letter to the Commissioner from Rt Hon Simon Hughes MP, 3 June 2013 40 17. Letter to the Commissioner from Rt Hon Simon Hughes MP, 18 June 2013 40 18. Enclosure to Rt Hon Simon Hughes MP’s letter of 18 June 2013: Appendix B2: E-mail of 1 November 2012 from Rt Hon Simon Hughes MP’s diary manager: 45 19. Letter to Chair of Bermondsey and Old Southwark Liberal Democrats from the Commissioner, 21 May 2013 46 20. Letter to the Commissioner from Chair of Bermondsey and Old Southwark Liberal Democrats, 21 June 2013 48 21. Agreed Note of Interview with Rt Hon Simon Hughes MP, 15 July 2013 49 22. Letter to the Registrar of Members’ Financial Interests from the Commissioner, 18 July 2013 58 23. Letter to Rt Hon Simon Hughes MP from the Commissioner, 18 July 2013 59 24. Letter to the Commissioner from the Registrar of Members’ Financial Interests, 5 August 2013 59 25. Letter to Chair of Bermondsey and Old Southwark Liberal Democrats from the Commissioner, 16 July 2013 62 26. E-mail to the Commissioner from Chair of Bermondsey and Old Southwark Liberal Democrats, 4 September 2013 62 27. Letter to Rt Hon Simon Hughes MP from the Commissioner, 19 September 2013 63 4 Simon Hughes written evidence Evidence received by the Parliamentary Commissioner for Standards 1. Complaint letter from Peter John to the former Parliamentary Commissioner for Standards [attached to Report (HC 805) as Appendix 2] 2. Letter to Rt Hon Simon Hughes MP from the former Commissioner, 26 November 2012 I would welcome your help on a complaint which I have received from Councillor Peter John in respect of the registration and declaration of your financial interests and possible lobbying activities. I enclose a copy of Mr John’s letter of 19 November. In essence, the complaint which I have accepted is that from December 2007 you failed to register donations to your constituency party received from three named companies despite the links you had with the donors, that you failed to declare two of these financial interests in the House and that you arranged one meeting which amounted to lobbying, contrary to the rules of the House. I have not accepted the complaint that your reported actions in proceedings in the House amounted to lobbying for reward or consideration since I do not consider the evidence the complainant has provided is sufficient to justify initiating an inquiry into this allegation. The Code of Conduct for Members of Parliament approved by the House on 12 March 2012 provides in paragraph 13 as follows: “Members shall fulfil conscientiously the requirements of the House in respect of the registration of interests in the Register of Members' Financial Interests. They shall always be open and frank in drawing attention to any relevant interest in any proceeding of the House or its Committees, and in any communications with Ministers, Members, public officials or public office holders.” These provisions replace similar provisions in the Code of Conduct approved by the House on 13 July 2005. The rules relating to the registration and declaration of Members’ interests are set out in chapters 1 and 2 of the Guide to the Rules relating to the conduct of Members. Chapter 1 of the Guide identifies the categories of registrable interest. In the 2005 and 2009 Guides, Category 4 defines registrable sponsorships as follows: (a) Any donation received by a Member's constituency party or association, or relevant grouping of associations which is linked either to candidacy at an election or to membership of the House; and (b) any other form of financial or material support as a Member of Parliament, amounting to more than £1,000 from a single source, whether as a single donation or as multiple donations of more than £200 during the course of a calendar year.” The relevant thresholds were increased to more than £1,500 and more than £500 from 1 January 2010. Paragraphs 30 and 32 in the 2009 Guide provide further guidance on the interpretation of whether any donation is “linked” to a Member’s membership of the House. (They do not appear in the 2005 Guide). In particular, paragraph 30 provides as follows: “For the purposes of the Register of Members' Financial Interests, support should be regarded as "linked" directly to a Member's candidacy or membership of the House if it is expressly tied to the Member by name, eg if it is a contribution to the Member's fighting fund or a donation which has been invited or encouraged by the Member or candidate. Financial contributions to constituency associations, parties or area associations, etc, which are not linked to a Member's candidacy or membership of the House, that is where the donation would have been forthcoming irrespective of the identity of the candidate or Member, and the candidate or Member played no personal part in securing it, do not have to be registered on the Register of Members' Financial Interests.” Simon Hughes written evidence 5 And paragraph 32 provides as follows: “It is not possible to give an exhaustive list of what might be considered 'linked' to an individual, and, as always, Members who are in any doubt should consult the Registrar.12 They are also reminded that the requirement to register covers only donations of which they are aware or might reasonably be expected to be aware.