Archive for February, 2008

Witch-hunt? MPs don’t get it

Friday, February 29th, 2008

Witch-hunt? MPs don’t get it
The Times, February 28, 2008
My battle to make MPs’ expenses more transparent met with obstruction and mystification
By Heather Brooke

Nearly 15 years ago I found myself in a small office digging through boxes of receipts looking at the expense claims of local politicians. Everything was laid bare: all the trips, all the meals, all the hotel bills, all the contracts. I was a young trainee reporter covering the Washington State government, and my editor had suggested I look at these claims to see if there were any instances of corruption or personal enrichment.

The laws of the state required that all expense claims and receipts be open to the public. And do you know what I found? Nothing. Not one instance of an improper claim or misuse of money. That is the result of transparent government.

Fast forward to 2004 and I find myself in London. I decide to replicate the exercise in the Mother of Parliaments. I ask the House of Commons for a detailed breakdown of MPs’ expenses. So unusual is this request that the officials greet my question with stunned silence. The public aren’t even allowed in the Commons Library to access official documents paid for with public money, so there’s no way they’re getting anywhere near expense records.

Later, the officials tell me they’re publishing annual bulk figures. But that’s no good, I tell them. A myriad of sins can be hidden in bulk totals. An MP can claim £23,000 for a second home but there’s no way to see if it is a legitimate expense without a detailed breakdown. Is it for mortgage payments or a new kitchen? Food or a new flat-screen TV?

When the Freedom of Information Act came into force in 2005 I used it to ask for a detailed breakdown of MPs’ travel expenses, staff allowances and finally their second-homes allowance. I encountered relentless opposition from the Commons authorities and Michael Martin, the Speaker. Andrew Walker, the House of Commons’ director of finance and administration, said with a straight face that he believed the transparency I sought was bad for democracy. He thought it mere “public curiosity” rather than “public interest” and that it would impinge on MPs’ jobs to have to account to the public.

Finally, this week, my three-year battle culminated with the Information Tribunal ruling that MPs must disclose all documentation associated with their second-homes claims. But many MPs are angry about this. They think it’s an invasion of their privacy and that my campaign is some sort of witch-hunt. They just don’t get it. In a democracy MPs are supposed to be directly accountable to the people they represent; not accountable to other politicians, or officialdom, but to us.

As I listened to Mr Walker testify, the scale of parliamentary arrogance became clear. He didn’t even try to hide the fact that there were little or no checks on MPs expense claims. Why should there be? They are honourable members. I could just imagine Mr Walker as Lady Bracknell. The public? As though the very idea of an MP being accountable to the public was so beyond the pale it could barely be allowed in polite conversation.

Decision coverage

Thursday, February 28th, 2008

Despite the late hour of publication, the Tribunal decision was picked up by most of the main papers and I’ve been making the rounds across various TV news programmes. But lest you think I’m getting big-headed about the publicity, I discovered today while sharing the Green Room at BBC Breakfast with Steve Redgrave and ‘Sporting Giants’ that they’re booked onto four times as many shows as myself. Redgrave is publicising the first anniversary of an appeal to find young athletes to train for the 2012 Olympics. It’s a PR-driven operation and not really news in my book yet he managed to bag the prime 8.30am slot on the Today Show. Being neither a celebrity nor fluffy, I clearly have my work cut out to break into the mainstream!

Times
MPs to be told they must come clean about allowances for second homes

Daily Mail
MPs WILL have to reveal expenses after campaigners win fight for ‘transparency’

Guardian
Information tribunal rules that MPs should disclose details of expenses for second homes

Press Gazette
New expenses blow for MPs after landmark FoI victory

Tribunal orders full disclosure

Tuesday, February 26th, 2008

Champagne all round – I won my case!

Late today the Information Tribunal published its decision ordering the House of Commons to provide full disclosure of MPs’ second home expenses claims. The decision is not yet on the Tribunal’s website but you can download it here (PDF 2MB).

The House is ordered to publish every claim and receipt for the MPs specified in the requests filed by myself and also the Sunday Times’ Jonathan Ungoed-Thomas and Sunday Telegraph reporter Ben Leapman.

My solicitors have issued a press release which highlights the main points. The only omissions allowed are for ‘sensitive personal data’ such as MPs’ health matters; bank, loan and credit card statements; individual numbers on itemised phone bills and details of contractors who had regular access to MPs’ homes. Security details will also be kept private, as will addresses of MPs who have a good reason – for example a known stalker, terrorist or ‘other criminal threat’.

The Tribunal criticised the way the self-certified expense system was administered:

“The laxity of clarity in the rules for ACA is redolent of a culture very different from that which exists in the commercial sphere or in most other public sector organisations today.”

It stated that the system constitutes “a recipe for confusion, inconsistency and the risk of misuse” and is both ‘deeply unsatisfactory’ and with a ‘shortfall both in transparency and in accountability (that) is acute.”

My only criticism of the ruling is the manner in which it was published. I knew about this decision last week but was under a strict embargo not to speak about it to anyone while additional submissions were taken on the Tribunal’s seven categories of redaction. None of the parties were told when the final decision would be released and it just appeared in my inbox at 4.30pm this afternoon – with no notice. Fortunately, I happened to check my email at 5pm. But by then the Tribunal staff had left for the day – without putting the decision online – so I had to forward it to the media and then rush around town giving interviews!

BBC Online News picked up the story and they also provide some footage from the broadcast news report.

FOI Filer and Archive goes live

Tuesday, February 26th, 2008

The first testing stage of a new website that allows the public to request and track their own freedom of information requests is now live.

MySociety built the site and I’m working with the developers to add more contacts lists and guides for making requests and dealing with obstructive or unhelpful officials.

It’s always been my belief that FOI is for everyone not just journalists or MPs or professionals. It is an important tool for maintaining democracy. How can we be an informed electorate without information? This site gives everyone an equal opportunity to get that information. You shouldn’t have to be in Whitehall, or a member of the media or an elite to find out how public officials are spending your money.

MySociety is a project of the registered charity UK Citizens Online Democracy. If you like what they’re doing, then you can make a donation.

Tribunal hearing coverage

Tuesday, February 26th, 2008

I am expecting the final decision in my case for a detailed breakdown of MPs’ Additional Costs Allowance to be published this week, so here as background, is the media coverage from the hearing. Sam Coates, political correspondent for The Times, also very generously published his transcript of the hearing. It’s a shame the taxpayer-funded Tribunal couldn’t provide the same public service.

8 February 2008

Why there’s something fishy about MPs’ food allowance

The Times

MPs can claim for fishtanks and iPods on their expenses, the head of Parliament’s finance department has admitted.
Andrew Walker, director general of resources since 1997, told a tribunal yesterday that until 2003 MPs may have been able to “write their own cheques” from their taxpayer-funded allowances. In an unprecedented glimpse into the backroom workings of the House of Commons, he said the system was overhauled in 2003 after Michael Trend, then the Conservative MP for Windsor, claimed £90,000 for a second home he did not have.

Expenses details ‘intrude’ on MPs lives

BBC News

In which my lawyer Hugh Tomlinson QC is quoted very nicely!

The Daily Mail covered the Tribunal hearings and the resulting fall-out:

MPs’ expenses should remain secret “for democracy”, says Commons Fees Office chief

Press Gazette

Give a man enough rope and he can hang himself – Andrew Walker, director of the House of Commons Fees Office testifies that public accountability is bad for democracy. Honestly, you couldn’t make this up.

9 February

MPs remortgaged their homes for cash in hand at taxpayers’ expense

The Times

The man in charge of administering expenses in the House of Commons has admitted that he thinks MPs are willing to exploit the system.
Andrew Walker, the director of finance and administration, also conceded that until 2006 MPs had been able to remortgage their house if they wanted cash in hand — even though the taxpayer meets the cost of the mortgage. He said that now MPs could only remortgage if the move was sanctioned by the finance department. Valid reasons include wanting to carry out building works on the property, he said.
A former MP alleged yesterday that his colleagues had routinely put in for the maximum allowances by claiming for “food”, a category that does not need receipts.

‘John Lewis’ list kept from MPs

BBC News

A list of guide prices for items commonly claimed by MPs on expenses is to remain secret, a tribunal has ruled. The “John Lewis” list is used by Commons clerks to check maximum prices deemed reasonable for items like TVs.

Come clean on family salaries or prepare to be investigated

The Times

Press Gazette preview of the Tribunal hearing

Thursday, February 7th, 2008

The Press Gazette provides a build-up to the Big Event:

My Tribunal hearing on MPs’ expenses this Thursday

Wednesday, February 6th, 2008

My four-year-battle for transparency of MPs’ expenses will culminate on Thursday (February 7th) with a two-day hearing before the Information Tribunal for a full breakdown by receipts and claims of MPs’ Additional Costs Allowance. The hearing will see Andrew Walker, Director General of Resources for the House of Commons cross examined for his running of the Fees Office which effectively allows Members to ‘self-certify’ the majority of their claims.

Ever since 2004, I’ve battled to get MPs to fully account to the public for how they spend their expenses; making a series of Freedom of Information Act requests seeking a detailed breakdown of the names and salaries of MPs’ staff, their travel, and Additional Costs Allowance.

It has always been my contention that it is not only in the public interest but the Parliamentary interest to release information through the legitimate mechanism of the Freedom of Information Act. In this manner, information is shared democratically with everyone. It is to the constituents that MPs should be held accountable and so it so to them that details of expense claims must be disclosed.

The current annual breakdown by categories is useless in terms of holding MPs to account. None of the current abuses of MPs’ expenses can be seen in such bulk figures. It isn’t right that the only way the public can uncover the detail necessary to ensure against corruption is through leaks, gossip and rumour. I am fighting for MPs to publish a full breakdown of their expenses by claim and receipt.

The hearing is scheduled for Thursday February 7th and Friday 8th beginning at 10.30am. It will be held at the Finance and Tax Tribunal building, 45 Bedford Square. I’m fortunate to be represented by the wonderful Hugh Tomlinson QC at the hearing along with Simons Muirhead & Burton, solicitors. Wish me luck!

Taking the Mick

Sunday, February 3rd, 2008

I’ve had my first feature profile in today’s Scotland on Sunday about my battle with Speaker of the House Michael Martin over MPs’ expenses:

FOI news 24-31 January

Saturday, February 2nd, 2008

31 January 2008
Four More Years for Scottish Information Tzar
Allmediascotland – Edinburgh,Scotland,UK

In his first five years, Kevin received more than 1500 appeals and issued over 550 decisions, including surgical mortality rates for all surgeons in Scotland; sex offender statistics; and an entire PFI/PPP contract.

29 January 2008
RATS FIRM SUPPLIED 150 SITES
South Wales Evening Post – Swansea,Wales,UK

A Rat-infested warehouse supplied food to children and the elderly at more than 150 establishments across Carmarthenshire, it has been revealed.The county council was forced to release a list of schools, care homes and leisure facilities supplied by Pembrokeshire-based Skelfayre after a Post reporter requested details under the Freedom of Information Act.

28 January
A free and just society needs whistleblowers
ic Wales

The Freedom of Information Act, which became operational three years ago, has moved things forward but not nearly enough. Civil servants and ministers who wish to halt embarrassing disclosures have a plethora of exemptions within the Act at their disposal.


26 January


He wrote ‘Money’. But is Martin Amis really worth £3000 an hour?

Independent – London,England,UK

This work earns him a salary of £80,000, according to the Manchester Evening News (MEN), which discovered the details of his salary using the Freedom of Information Act.

BBC bids to suppress study on Middle East ‘bias’
Independent

The freedom of information campaigner Heather Brooke suggested the BBC has become an unfair target for FoI requests. “My real issue is secrecy of the government rather than media organisations,” she said. “I almost feel the BBC has taken the brunt of these disclosures. It’s the vulnerable organisation and not the Cabinet Office or the Treasury, which will fight everything.”

BBC accused of wasting licence fee in battle to suppress ‘Mid-East
Daily Mail – UK

The expensive saga was prompted by a member of the public who has repeatedly tried to force the document’s release under the Freedom of Information Act.


24 January

Department stalls over Freedom of Information requests
Health Service Journal – London,UK

The Department of Health has been failing to comply with the Freedom of Information Act. Two requests regarding senior DH civil servants made by HSJ last year have been delayed.

Sack the Speaker

Friday, February 1st, 2008

Increasingly it appears that Speaker of the House Michael Martin is behind the House of Commons’ stubborn refusal to disclose details of MPs’ expenses.

The House of Commons Commission led by the Speaker has rejected all my FOI requests in which I sought a breakdown of not just staff names and salaries but also travel expenses and additional costs allowances. The Commons has spent thousands of pounds on internal and external lawyers to appeal decisions ordering disclosure made by the Information Commissioner and in one case they are even appealing a decision made by the Information Tribunal to the High Court. The Speaker also signed the certificate banning disclosure of staff names.

Is this really the best use of public money? Spending tax pounds to stop the public knowing how MPs spend public money?

There is an obvious conflict of interest when the person deciding on the disclosure of MPs’ expenses is himself receiving quite a substantial amount of this public money himself.

Clearly the system must change and if it does, this will be the first real victory for the Your Right to Know campaign.