Parliamentary Standards Act 2009

Parliamentary Standards Act 2009

2009 CHAPTER 13

Commentary on Sections

Sections 9-10: Investigation and enforcement

91. Section 9(1) provides that the Commissioner may conduct an investigation if he or she has reason to believe that a member of the House of Commons may have been overpaid an allowance under the allowances scheme or may have failed to comply with a requirement relating to the registration of financial interests in the code of conduct relating to financial interests.

92. The Commissioner is not to have an investigation function in relation to the prohibition on paid advocacy. This is because any breach of the code as it relates to paid advocacy is likely to involve proceedings in Parliament. It is thought undesirable to place the Commissioner in the position where he or she is unable to investigate a breach of the code without investigating proceedings in Parliament.

93. Section 9(2) sets out who may initiate an investigation. This can be either the Commissioner on his or her own initiative, at the request of the member concerned or as the result of a complaint from an individual.

94. Section 9(3) requires the IPSA to provide any information reasonably required by the Commissioner for the purposes of the investigation.

95. Section 9(4) to (8) concerns what the Commissioner is to do after making a finding following an investigation. Under section 9(4), if the Commissioner finds that an MP has been overpaid an amount under the allowances scheme, the Commissioner must refer these findings to the Committee on Standards and Privileges. However, under section 9(5), the Commissioner need not refer these findings if the MP has accepted the findings, such other conditions as may be specified by the IPSA are met and the MP repays the IPSA such amount as the Commissioner considers reasonable.

96. Under section 9(6), if the Commissioner finds that an MP has failed to comply with the code as it concerns registration of financial interests, the Commissioner must also refer these findings to the Committee on Standards and Privileges. However, under section 9(7), the Commissioner need not refer these findings if the MP accepts the findings, the interest was minor or the infringement inadvertent, such other conditions as may be specified by the IPSA are met and the MP takes steps to rectify the register.

97. The third circumstance specified in the Act relating to references by the Commissioner to the Committee on Standards and Privileges is set out in section 9(8). The Commissioner may refer a finding to the Committee on Standards and Privileges if the MP has not provided information which the Commissioner reasonably requires for the purposes of the investigation. This gives the Commissioner a method of informing the Committee that an MP is undermining an investigation by not co-operating with it.

98. Section 9(9) requires the IPSA to determine procedures for the conduct of investigations by the Commissioner and the handling of complaints from individuals. This may include procedures for refusing to conduct an investigation in response to a complaint, for example, where the complaint is vexatious or is frivolous. The IPSA must also determine procedures about the circumstances in which findings of the Commissioner are to be published.

99. Section 9(10) requires the IPSA to consult the Leader of the House of Commons, the Committee on Standards and Privileges, the Commissioner and any other person the IPSA considers appropriate, in determining its procedures. The IPSA must also consult those persons and that committee when determining the additional conditions which must be met before the Commissioner need not refer his or her findings of an overpayment or breach of the registration requirements to the Committee on Standards in Privileges (those conditions mentioned in section 9(5)(b) and (7)(c)).

100. Section 9(11) requires that such procedures must be fair and must afford any member of the House of Commons subject to an investigation the opportunity to make representations to the Commissioner, and to make representations in light of the Commissioner’s findings before they are referred to the Committee on Standards and Privileges. The investigation and complaint procedures must give an MP an opportunity to be heard in person and an opportunity where appropriate to call and examine witnesses, see section 9(12).

101. Section 10 establishes a new offence in relation to claims made under the allowances scheme. Section 10(1) sets out that an MP commits an offence if he or she provides information which he or she knows to be false or misleading in a material respect in support of a claim for allowances.

102. Section 10(2) and (3) sets out the penalties for this offence. It can be tried either summarily or on indictment. If it is tried summarily, the maximum penalty is 6 months imprisonment (12 months in Scotland and 12 months in England and Wales on the coming into force of section 154(1) of the Criminal Justice Act 2003) or a fine not exceeding the statutory maximum, or both. If it is tried on indictment, the maximum penalty is 12 months imprisonment or a fine or both.