Robert Henderson
The cataract of misbehaviour by those with power, wealth and influence flows ever more freely into the British media. Presently we have the ever expanding Jimmy Savile paedophile revelations – especially with reference to the BBC – and the drug taking amongst cyclists headed by Lance Armstrong hogging the headlines. Following the nationalisation of Northern Rock in 2007 there has been the never ending story of recklessness, greed, selfishness and outright criminality of bankers and their close cousins in the finance industry. For the past year the Leveson Inquiry has been turning over the stones hiding the immoral behaviour of those in the British press and the collusion between the press and the police, most notably in the supply of information by the police to the press (and doubtless to broadcasters as well). The scandal of greed and in some cases outright criminality of British politicians, both elected and unelected, in filling their pockets from the public purse for bogus expenses continues to this day with the revelation that some MPs are claiming expenses for London accommodation when they already have a property there and then renting out one of the properties to other MPs , a fact that they tried with the Speaker’s support to censor, while the one-time Labour minister Denis McShane has been caught forging invoices from a non-existent organisation which he submitted to the taxpayer for payment. To all that can be added a practice which effectively legalises corruption, namely, the allowing of politicians and public servants to take well paid sinecures or act as lobbyists for organisations which seek government contracts and other favours such as amending legislation to make it more favourable or dropping proposed legislation within two years of leaving office or public employment.
It might be thought that all of the serious scandals have been brought to public attention. Not a bit of it. Those with [power wealth and influence in Britain routinely manage to escape the consequences of behaviour which if committed by the ordinary man or woman would result in the loss of their job at best and criminal charges at worst. Frequently not only are the consequences of immorality avoided by the powerful and influential, their behaviour is hidden from the public because they never make the mainstream media. In addition, they suppress stories which do not involve their own misbehaviour but are embarrassing to them or damaging to someone associated with them.
To take a few examples from this website of stories involving the powerful and influential which have never made it to the mainstream media. There is the attempted suicide of Tony Blair’s daughter in 2004, the refusal of Lord Leveson to investigate Piers Morgan’s admission in a letter to the PCC of having received information from the police in circumstances which can only have been illegal and Gordon Brown’s illegal interference when prime minister with the bidding for a prime piece of publicly owned London land . These stories can be respectively found at
http://livinginamadhouse.wordpress.com/2010/10/02/the-blair-daughters-attempted-suicide-and-the-publics-right-to-know/
http://livinginamadhouse.wordpress.com/2012/10/25/piers-morgan-perjury-the-police-the-leveson-inquiry-and-denis-macshane/
http://livinginamadhouse.wordpress.com/2012/09/09/the-new-leader-of-the-greens-knows-how-to-keep-mum/ )
But the most dramatic story on the blog which has been suppressed by the mainstream media is Tony and Cherie Blair’s unsuccessful attempt to have me prosecuted during the 1997 General Election Campaign and their subsequent use of state power to harass me. The details can be found at http://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/.
But it is not only the media who are complicit with the powerful. Politicians, those supposedly responsible for upholding the law – the police and the Crown Prosecution Service and judges - and the various bodies and individuals employed to enforce codes of practice all engage in behaviour designed to prevent the powerful and influential being brought to book. Time and again members of the British elite have well documented cases of criminal behaviour referred to police and they do result in prosecution. Time and again misbehaviour, whether criminal or simply immoral, is referred to bodies such as the Standards and Privileges Committee . The cases of Adam Werrity (who falsely represented himself as a special advisor to the then defence minister Liam Fox (http://www.bbc.co.uk/news/uk-politics-20159699) and the previously mentioned McShane (whose behaviour was deemed not to be criminal by the police despite his forging of invoices to gain thousands from the taxpayer) are good recent examples of these types of behaviour and the refusal of the Metropolitan Police to investigate Peter Mandelson’s false declaration on a mortgage application form a particularly blatant example from the past (http://livinginamadhouse.wordpress.com/2011/07/07/laws-are-for-little-people-the-mandelson-mortgage-fraud-cover-up/).
The public rarely gets to see behind the scenes to see the mechanics of how things are fudged and covered up. I can lift the veil a little from direct experience. In 2000 I spent more than an hour with the then Parliamentary Commissioner for Standards Elizabeth Filkin. The interview was recorded and a transcript is below.
I made a number of complaints to Filkin regarding the Blairs and my MP Frank Dobson’s response to my request for assistance after Blair had tried and failed to have me prosecuted. (I also made a detailed submission to Filkin regarding Mandelson’s mortgage application). Filkin was absolutely determined not to get involved with the Blair and Dobson complaints and tried to prevent the meeting at the last minute as you will see from the telephone message above the transcript. Nonetheless I did manage to work the subject of Blair into the interview on the question of the Code of Conduct for MPs. In the end Filkin was reduced to saying in effect that she did not hold MPs to the standards of the Code of Conduct and the interview generally shows how impossible it is for someone without power, wealth or influence, in this case me, to get any action taken over elite misbehaviour.
Robert Henderson 5 11 2012
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Telephone message left on Robert Henderson's answerphone 2/5/2000 by Mrs Elizabeth Filkin, The Parliamentary Commissioner for Standards in Public Life.
EF: Good morning Mr Henderson. It's Elizabeth Filkin. You may like to return this call. I am happy to meet you tomorrow as I have agreed, but I am not happy to discuss any of the matters that are in your letter of the 24 of the fourth which I have received today. Those are all matters that you have written to me about, that I have considered and I am not willing to take further. If you have got other matters to talk about you are welcome to come tomorrow, but if these are the only ones that are outstanding, I am afraid there is no point in meeting. Perhaps you will let me know.
Interview between Robert Henderson and Miss Elizabeth Filkin, the Parliamentary Commissioner for Standards in Public Life on 3rd may 2000. The interview began at 11.01 and ended at 11.55 am. Mrs Filkin was aware that the recording was being made and agreed to it being made.
RH: I will send you a copy of the tape afterwards, obviously. Now, as we didn't speak yesterday Mrs Filkin, I am a little bit in the dark about exactly what the problem was with discussing the other matters. I haven't come along to break my word and say I am going to try and raise those matters, but if you can just clarify exactly why you won't discuss the matters which I have already raised with you. I...go on, sorry...
EF: Let me say immediately, I am happy to discuss anything, but I am not happy to re-open and waste your time with a discussion of whether I'll look into the complaints that I have already looked at in great detail from you and decided that they aren't things that I can look at. And please be clear about it, I am not in any way saying that I am not sympathetic and I am not in any way saying that it might be that some of the these other matters ought to be looked into by other bodies. What I have said are that they are not matters I can look into. What I didn't want to do is, obviously, to waste your time, so that's why I informed you and that's my position.
RH: Right. I presume that if I have got new evidence on these matters you wouldn't say automatically you wouldn't look at the evidence.
EF: No, of course not. If you have new evidence you should write to me and put that to me.
RH: Well, I will do that obviously.
EF: And, of course, as always I will happily look at it. But if, as numbers of your complaints did, they relate to peoples activities as ministers or prime ministers, they are not for me. I cannot look into those things. I have no mandate to look into those things.
RH: That is one of the matters I want to discuss with you this morning, that is the question of the Code of Conduct of members, because I don't want to waste your time anymore than you want to waste my time. Now, as I understand it, correct me if I'm wrong, but the Code of Conduct for members comes within your remit, yes?
EF: That's so.
RH: Right. Now you see this is where I have a big difficulty with you, and you know I have asked you the question over and over again, it's on this particular one []and there are several parts of it, but on one particular one – it’s the “Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust etc.” All right? Now, could you give me some sort of guidance on what you think that particular part of the Code of Conduct would actually cover, I mean if it doesn’t cover going to the police and making allegations which they must have known were bogus, I can’t see what purpose it serves.
EF: I can’t tell you what the House, the people who made those decisions, what they meant by their Code of Conduct, should mean. All I can do is say to you is that I have a job which is if I get a complaint from…about a member of parliament’s conduct I have to look at it against that Code of Conduct and I have to make a judgement as to whether – the first thing I have to do is make a judgement as to whether what the person has done is in any way in relation to their [duties] as a member of Parliament. And then of course I have to make a judgement I believe that they have acted in good faith or not.
RH: Can I just butt in there because it does seem to me that - to be honest with you I don’t envy you having to try to sort the bones out of it because a lot of this is simply unrealistic and if was actually put in to operation the whole of the House would come to a dead halt. But at the same time you will see from my own point of view that I must press it, even though I may realise, as an ex-civil servant, that it is not the easiest thing…
EF: I totally understand that if as you say anybody has made bogus allegations about you or about anybody else that is awful and it’s very distressing.
RH: But, it is particularly dangerous when it is the Prime Minister and his wife.
EF: Well, I don’t want to get into individuals..
RH: Well, I…
EF: I am not going to get into individuals.
RH: These are the complaints I have…
EF: I am not going to get into talking about individuals. What I am saying to you …I fully understand that it is very distressing, and it happens to a lot of people in public life and it’s very distressing, but it seems to me that.. there isn’t something that I need to look into.
RH: But surely it would breach that particular …
EF: Just let me finish. Because if a person, whoever they are, makes an allegation to the police, it seems to me that the police then have, as the properly constituted authority, whose job it is to look into it the complaint and dismiss it if there is nothing there, which they do every day and therefore it is no task for me to re-enter that and if a person has raised an allegation about you and the police have looked into it, and [dismissed it], as far as I am concerned that’s the end of the matter. I am not going to double track other authorities or other bodies who have powers and activities to carry out these investigations. So I am not going to get into that.
RH: Well, you see there is the non-legal point about this. You have got the man who is the prime minister – and I can’t avoid raising his particular name or position simply because he went to the police and he did so in his position as leader of the opposition and also in his position of prospective prime minister and he did that in the first week of the election campaign and he tried to get me put in prison. Now, the fact that he is also a barrister and his wife is a QC, seems to me to suggest that they should have been in the position to know – well you’ve read my letters to them – they should have been in a position to know that in fact my letters could not possibly have constituted any criminal offence whatsoever. All right?
EF: That’s a matter for the police and I leave it to them.
RH: It comes into conduct as well, because it is obviously sinister if you have got a senior politician attempting – because he only went to the police after I had circulated my letters to the media – it’s very sinister just as behaviour to try to go to the police to get me prosecuted on charges he must have known were bogus in an attempt obviously to both discredit me and silence me is sinister. Now, there is also the fact that – I don’t think you have ever seen the original stories [RH produces Mirror and Daily Record stories] – but in fact two weeks after, or slightly less than two weeks after these were published – that was on the front page and that was the actual story. Now, I really do not believe the Mirror would have published a story like that without Blair’s say-so and every single journalist I have spoken to has fingered Alistair Campbell for it, all right? Now, you have read the text of that because you have read “The criminal acts of Tony and Cherie Blair. This also appeared on the same day in the Daily Herald, all right, sorry the Daily Record up in Scotland which is the Mirror’s sister paper. Now that again isn’t criminal behaviour as such unless you want to call it criminal libel which I would, but it again would come within the ambit of this “member shall at all times conduct themselves in the manner.”
EF: Mr Henderson, I fully appreciate your point of view. Don’t think that I don’t understand, I fully understand and I understand your distress. I have no issue with you about that. What I have said to you that I am not going to investigate this and I say it to you again, I am not going to investigate this – you can go talking about it if you want to – but I am not going to investigate again, you can go on talking about it if you want to – but I am not going to re-open any investigation, which has already been looked at by the police. That is not my job.
RH: I am not actually making a complaint about the police here, I am making a complaint about his [Blair's] general behaviour of attempting, as a senior politician, of attempting to stifle debate by going to the police, because, as I say, he only went to the police six weeks after my last letter to him. So he didn’t go there because he was frightened of what the letters were, he went there because he wanted to discredit me and, when he couldn’t get the police to do his dirty work, or the CPS , he got those out into the public fold [in the Daily Herald] and the Mirror, which as I will show you in a letter in a moment which you haven’t seen before, actually admits that they never saw the letters before they published that story.
EF: That’s an issue for the [Press] Complaints Commission.
RH: Well, again you can’t divorce the story from Blair, because as I say to suppose the Mirror would have published [on their own initiative] that story at that time when Blair was enduring the six most important weeks of his life is plainly absurd. But I don’t want to get too sidetracked into that. I still cannot see for the life of me how Blair’s behaviour in going to the police and then putting that out – I don’t think anybody you know who was a disinterested third party would have much doubt that he was involved in that. Then, on top of that, having moved the security services to open up a file on me and keep me under surveillance – they’re still doing it because I have got the evidence from the post coming through the door. All right? Now we are talking about three years afterwards and they are still doing it, and I suspect that they are tapping my phone as well. I can’t actually prove that because the modern means of phone tapping are so subtle that you just haven’t got a clue whether they are[tapping] or not. But if they are opening my post three years afterwards, I have got to assume they are doing that and I have got to assume that they are also reading all my e-mail traffic Now, again, that is only something which is being done on Blair’s say-so. Blair could stop that tomorrow just by issuing an instruction, but he is not doing it. And again that would come, I would argue most strongly, within this “Members shall at all times…” etc.
EF: Well, I understand your point of view.
RH: But what I have never had from your letters is a detailed explanation of why you do not think that covers not just Blair’s [behaviour] but also all the others [of whom I have complained] . Don’t think for a moment that I am only interested in Blair, I am also interested in all the other ones including…
EF: I am afraid you are not going to get a general explanation, because it’s not mine to give you. That’s the House of Commons’ responsibility.
RH: Yes, but you have to interpret it, don’t you?
EF: My job is to look at individual complaints and decide whether there is anything in there which I should properly investigate and if it befalls to investigate it and which as you know I did in relation to and I shall do so again if I believe it comes within my remit and I shall do it as vigorously as I did that in that case. So there is no issue as far as I am concerned I am not of the view that a member of the public or a member of the cabinet, or the leader of the Opposition, or the prime minister or anything else going to the police and making an allegation which may be totally untrue and regrettable is in itself something which I should look into because I believe…
RH: How does that not bring the house into disrepute?
EF: I don’t think it does. That is a job for the police to get involved in, and if they find the complaints are bogus the person concerned if they wish can have a [summons issued] But it isn’t for me to look into and I have to say to you again I am not going to look into that. I have to say to you again that I am not going to look into it. It isn’t something for me.
RH: What about the newspaper stories?
EF: The newspaper stories are not for me, You have not produced any evidence that any member of Parliament has been putting out newspaper stories improperly.
RH: What about evidence which I think I have already given you but I will refer to it again, of Blair making inflammatory statements about me to the police? He describes me as…
EF: That’s for the police. That’s not for me to investigate.
RH: Well, again that’s his misbehaviour rather than the actual complaint.
EF: Well, I…
RH: Sorry, go on. I am just going to get something to show you.
EF: I can’t, I can’t say strongly enough that I understand the distress you feel about this matter.
RH: But it’s not just distress, I am still in danger because he can at any time have me arrested on a trumped up charge or whatever.
EF: I’m not in any way trying to belittle that, in any way, but I am saying firmly to you that it is not a matter for me and I am not going to investigate it and I am not going to comment further on it to you.
RH: Well, here’s some new evidence which you said you would look at if I wanted. Now that’s something I’ve got using the Data Protection Act. That’s a log from the CPS. Have a look at the line – I have put a asterisk against [it] ” – agreed a line to take with Mr Henderson”. This was when I was querying what the Blair’s were doing making complaints. Now as an ex-civil servant I know what “agreed a line” means and I am sure that you know what “agreed a line means”. It means we will concoct a story, quite often an outright lie, to tell to the general public or whoever is making the enquiry. And I’ve got lots more like that. [] I haven’t come along here to flood you with paper today because that would be unproductive, but again just one or two other documents, the Mirror – they admit they have had no…
EF: That’s a matter for them. It isn’t a matter for me. It’s a matter for the Mirror or the …..
RH: OK what about the [CPS]? Would you comment on the CPS?
EF: That’s entirely a matter for the police. If you think the police have acted improperly, i.e. that they have concocted as you think a statement with anybody improperly then take it up with the police complaints authority. It is not a matter for me.
RH: Shall I tell you what the complaints authority say. I did of course make a complaint, as you might well imagine, about all of this – well what I would describe it as a straightforward perversion of the course of justice – and what happened was the head of the complaints department, Commander Quinn, said he would not record the complaint. I then made a complaint to the PCA. They say unless he records the complaint they can’t proceed with it. So we are in a ridiculous Catch 22 situation whereby all the police have to do to get rid of a complaint is not record it.
EF: That isn’t a matter for me.
RH: No, I am merely answering your question. What I am saying to you here, is that I have made a whole series of complaints at various times – about six on specific matters including the Blairs’ attempt to pervert the course of justice – and on every single occasion I have had the same response. They will go through the motions. They are frightened enough to send down a Det. Superintendent to take a statement from me in my flat, from Scotland Yard this was. Now, if you know anything about the police you will realise that to get a Det. Superintendent out on anything is very difficult and to get him to come out in person to take a statement is virtually unknown. So they are worried enough. So they go through the motions, but they will go never ever give me an explanation of why they will not proceed, even though, in the case of the Mirror, I have given them a copy of the particular letter which I showed you [] which actually says that they got the information from a serving police officer in circumstances which obviously could only have been illegal , but they still will not go and investigate it. Now I am not saying that goes directly against Blair other than to show that for me to go and make complaints to the police is pointless. I do make them because it is on the record then. But effectively what happens is that whenever a complaint is made involving Blair or someone peripheral to the Blairs they won’t investigate it honestly. Sometimes it’s as corruptly done as Quinn did it, other times they get to the stage where they are worried enough to actually send people out to take statements, go through the motions then do nothing. All that happens is that you get something back from the CPS that says we are not proceeding for lack of evidence, which of course they will never actually elaborate on. So what I am saying to you is essentially unless I can get Blair out into -the Blair story out into the open, I am in danger, because I have got no protection, the police won’t protect me.
EF: I understand your position.
RH: I cannot even get a lawyer.
EF: This isn’t something I can take up.
RH: Well I would say that it…Ok, I will not belabour the point.
EF: I can understand your point of view, but it isn’t a matter that I can, I am, going to investigate. I am not going to investigate it.
RH: All right, as I say I am not going to belabour the point because there are other genuine matters I want to raise today as well.
EF: Fine, let’s move on shall we.
RH: I do think I still haven’t got an explanation of why – I know I keep coming back to this but is really the heart of the matter – why the sort of behaviour I have been describing this morning and also the behaviour of Dobson my MP as well [is not within your remit]… I mean that again is surely something which comes within the Code of Conduct. Actually there is another point isn’t there which actually puts [RH refers to Code of Conduct] right, ” members have general duty to act in the interests of the nation as a whole and a special duty to their constituents”. How has Dobson done that when he won’t actually investigate my complaint when I take the Mirror story to him?
EF: It isn’t my job to look into how a member of Parliament deals with Individual constituents.
RH: Well it says differently there. It says a special duty to his constituents.
EF: Yes, but that is not part of what I am required to do.
RH: Sorry, how would you interpret that statement then “a special duty to their constituents.
EF: This is a general, if you like, entreaty that they make to their own Code of Conduct to there members about the sorts of behaviour they would expect of an MP and those things are in writing in those terms. But the individual – how a member of parliament a decision on an individual case to pursue matters a constituent or not is up to the MP and I am sure you can understand that. Members of Parliament have whole range of different constituents, with a whole range of different views and a whole range views and a whole range of different things and they have to make judgements all the time about what they do or not pursue.
RH: I can accept your explanation [in as much as ] I am quite sure that is how MPs would like the system to work.
EF: All I can tell you is that my remit does not run to investigating these things.
RH: So, effectively, your remit doesn’t run to the code of conduct for Members of Parliament?
EF: That is not true. I use the Code of Conduct against which I judge whether or not Members of Parliament have acted Parliament wished them to do. I ideally use it as my guide as though I …
RH: It does say special duty.
EF: … Is how members of Parliament have dealt with individual requests from individual constituents. I have to say that sadly to many members of the public daily because of course many members of the public come to my office with concerns about how their member of parliament has proceeded and that isn’t something I may look into.
RH: Well, again…. OK you use it as guide. Now, it doesn’t say a general duty in that particular part of the Code of Conduct, it actually says they have a special duty to their constituents. I mean, how would you honestly interpret that? I am still not clear how if you are using it as a guide…
EF: I am not happy with this conversation.
RH: Well…
EF: I am trying my best to answer your questions. What you are then doing is saying you disagree me. I understand you that you disagree with me and I respect your disagreement, but I don’t then have to say anything different.
RH: Well, I’m asking for clarification.
EF: I’m sorry, I have got nothing further to say on that. I have done my best to give you an answer.
RH: OK. Fair enough. I mean a non-answer is often more useful than an answer as such.
EF: I resent your calling my description…
RH: Well, I have asked you…
EF: of what the standards and privileges committee made clear to me which is that I do not investigate complaints about how an MP treats an individual constituent as a non-answer.
RH: No, no, I wasn’t saying that was a non-answer.
EF: It is a non-answer it is not a non-answer. It is an answer.
RH: No, no, I wasn’t saying it was a non-answer to that. It was my next question of how you would interpret the phrase “special duty to their constituents”.
EF: I interpret that as I already as I have already explained that members of Parliament do of course have a special duty to their constituents above other people in the country and that’s generally accepted.
RH: Right, so again – I am not going to belabour it if you don’t want to answer – but if they have got a special duty to their constituents that must mean they must act reasonably towards those constituents. I think that would be inherently implied. Would you disagree with that?
EF: I am not going to continue with this.
RH: No OK, if you don’t want to answer…
EF: It’s a waste of time.
RH: OK. I did preface my statement with the fact that I wasn’t going [further] if you do not want to answer the questions – I won’t be going to press it. Now, I have got quite a lot of stuff being passed to me by MPs at the moment, but as you only came back to me yesterday with the statement that you weren’t willing to discuss the letters, sorry the complaints, I had already put in, as you will appreciate, I did not have time to amass a great deal of [new] stuff. However, I will go over one or two things with one of them is [already] public. Now, you have probably heard the story of Jack Straw’s brother William?
EF: Yes…
RH: OK. He was arrested or went to a police station and made a confession concerning some illegal sexual acts with his son, all right?. Punch has actually published the basic details of it. Now this is the second time that – and the scandal here is that, or possible scandal, is that in fact he , that is the brother, has not been charged with anything, all right, even though he’s made a confession of serious sexual misconduct with his fourteen year old son. That’s all in the story, it’s not just me [saying it] . I originally came across it on the internet and then about a week or so afterwards Punch published it. Now I have written twice to Jack Straw and if you have a quick look through there…..
EF: That is not for me.
RH: Well hold on, let me finish what I am going to say. I have written twice to Jack Straw asking him to clarify that particular story because what the story is suggesting is that he, Jack Straw, has interfered with the normal police process. I don’t think you can possibly say [that] didn’t fall within your remit.
EF: I have got no evidence. You have given me no evidence of that anyone has interfered with anything….
RH: I have…I have, because there’s no denying that Jack Straw’s brother has been to the police, right? This is part of the story. They have got quotes from the police, they have quotes…
EF: I cannot…
RH: Just one second. They have got quotes from the police, they have got quotes from the press office all right? And there is absolutely enough for you to start thinking about it, because…
EF: I’m not interested.
RH: Well…
EF: I cannot be interested. The Code specifically forbids me, I cannot be interested in what is a newspaper article. I have to have evidence, and, I’m sorry, I have to have evidence – that is required by the code before I can take an interest in investigating a complaint.
RH: What about Ken Livingstone? You did that purely on newspaper cuttings.
EF: I did not.
RH: The person who wrote to you supplied newspaper reports. That’s where he got his information from.
EF: I know, but people have to provide other evidence then.
RH: What other evidence could he have provided?
EF: I’m sorry I’m not willing to discuss [the] case.
RH: I am not talking about here – I’m not asking you to disclose anything confidential, what I’m saying to you is that the evidence was the newspaper, right? Plus obviously [details] in the published accounts.
EF: Sure.
RH: With this again I can understand it, Mrs Filkin, in a way, and also why you are not acting on this, but I put it to you not just with Jack Straw, but with the Mandelson thing, with Robinson – I mean Robinson has been accused of the most fantastic fraud which you have already got details of in that EuroBusiness article. He has taken no legal action. Now, there does come a point where one has to ask, you know, what exact evidence does one have to produce; I mean, there you have got the fact that Straw is not denying his brother went to the police, right? He doesn’t deny it?
EF: There is nothing improper with people going to the police.
RH: No no, what I’m saying is that he does not deny that his brother has been to the police and has made a confession.
EF: Well, what’s wrong with that? If that’s the truth why shouldn’t he go?
RH: Because you then have the question of perverting the course justice. You’ve got to ask why hasn’t he been charged.
EF: Well, there are a hundred reasons why people are not charged I have no evidence of an improper reason.
RH: I will put it in writing to you and you can have a look at it at your leisure. These are all massively important accusations of misbehaviour. There is not one [which is trivial], even the one about Gordon Brown. That is a serious piece of misconduct if it’s true. But some of the ones I have given you, particularly the one concerning Blair obviously, but again with somebody like Straw [it is important because of their positions]. It’s the Home Secretary; we are not talking about Joe Soap in the street , we are talking about the man who actually has responsibility for law enforcement in this country. Now, it does seem to me reasonable that if the brother of that man is taken in, or goes to the police whichever it was, and makes a confession of a serious crime and no prosecution occurs or he is not even charged, then that in itself is a matter of public concern. I mean not just of concern to me but of public concern.
EF: Yes, but is not anything I can deal with .
RH: Well, again, I am not going to belabour the point on the code of conduct because you have already made clear what your position is on that. The only things I would ask you to reflect on after I’ve gone are these: (1) what a general member of the public would think after they had read the Code of Conduct and then compared it with the action you are or are not taking, and (2), how it would be dealt with under judicial review. I know that this is a very difficult constitutional position because it’s only a motion of the House of Commons, which has set it up rather than a statute. Right? That’s correct isn’t it, the Code of Conduct is merely a motion of the House of Commons?
EF: The Code of Conduct and my office is not open to judicial review.
RH: Right, well, when you say that’s not open to judicial review I cannot necessarily see how that can be so as it’s not a statute. Because, all right, I can argue the constitution position…
EF: Do try and pursue a judicial review case if you want to. All I can do is give you the information which I have just given you.
RH: You see if it is only a motion of the House…
EF: I can’t get into this. I’m not a constitutional lawyer I’m not going to make any comment on it. I have just taken advice on that and I understand that is the situation. But you are welcome to challenge it.
RH: Right. Backing up the sort of thing which goes on in terms of not pursuing the law when it happens to be someone in the position of political authority, we have also got that – [copy of NoW story dated passed to Filkin] again that’s Blair’s father-in-law. He was nabbed for defrauding the Benefits Agency, defrauding the Child Support Agency and housing benefit. He wasn’t prosecuted. He had £10,000 in a Swiss bank account and he was also working at the time, right? Now, as ex-Inland Revenue person I can tell you that meets all the criteria for the DSS to prosecute. OK?
EF: That is not a matter for me. If you think the DSS is acting improperly should prosecute there is a perfectly good way of getting that [ ] and you should do that.
RH: Well again it’s behaviour which is suggests that there is some political interference here.
EF: I’ve got no evidence to suggest that. What you say is that you have evidence that the DSS has acted improperly and if they have you should take it to the Ombudsman.
RH: Right. Now, we’ve got Mr Sheldon who is the chairman of your particular committee you report to, right? Now, suppose I make a complaint about Mr Sheldon not disclosing some of his interests on the Register. How – what is going to be the position – I won’t go into any great detail today – what is actually going to be the position Mrs Filkin if…
EF: Everyone in the House of Commons is treated by me exactly equally and any member of any committee, any senior politician – and I would have thought by now that you would be aware of that from my published reports – they are all treated exactly the same with absolutely no fear no favour …
RH: I couldn’t agree with that in the case of the Mandelson report which I know intimately, but anyway go on.
EF: All I can say is you haven’t read it.
RH: I have not only read it, but I’ve written a substantial article which I sent you.
EF: Yes, you obviously haven’t read my report, properly, and… but what I assure you – I would have thought that the evidence was there but you disagree with it – but if I have any complaint about anyone whoever they are, whatever their position, of course if there is evidence to support it, then I will look into it.
RH: Right, but what about Mr Sheldon’s own position on the committee? He can scarcely sit as chairman.
EF: That’s a matter for the committee and it’s a matter for the House. It is not a matter for me. My reports are written totally independently, totally independently. They are presented to the committee and the Committee would have to always make the decision about any complaint about any member of that Committee about what that person would do and would not do the committee would have to deal with it. And I have no doubt that they would deal with that absolutely properly.
RH: What would you consider to be absolutely properly.
EF: That is for them not for me. They would deal with it absolutely properly. Where anyone has the slightest influence in any matter, whether they be friendly or know anybody or whatever, they always declare it and they withdraw if necessary. So, there isn’t an issue about that. They are scrupulous about it. I and I have no doubt they would be scrupulous about any complaint about any member [inaudible three or four words lost].
RH: Well I heard you on the radio saying that you weren’t happy about the fact that Mandelson did not make an apology to the house.
EF:. That’s not what I said.
RH: Well, that was my interpretation.
EF: Well, it might have been.
RH: Well, you were obviously cautious being a public servant, but, nonetheless…
EF: That’s not what I said.
RH: How would you interpret it?
EF: I would not interpret it at all, I certainly didn’t say that.
RH: Suppose for example an hypothesis; suppose the Standards and Privileges committee allowed Mr Sheldon to sit as chairman whilst considering your report on him. Would you consider that to be a resigning matter?
EF: I have no comment to make on hypothetical situations.
RH: All right. Now, I will just ask you one or two questions about…
EF: But do let me be clear, if you have evidence of any member of Parliament not registering interests which they should have registered, would you kindly let me have it. I would be pleased to have it and I will investigate if that is the case.
RH: Now one thing – you appreciate that I haven’t got the details of exactly how you operate.
EF: I will gladly tell you.
RH: But suppose… this is purely technical what I am asking you now. There is nothing contentious at all. But, suppose for example someone set up a couple of companies, all right, and those companies shall we say have dealings with other companies of which the first person isn’t a director – he is a director of the first two companies but not the other companies. But shall we say his wife was a director of the other two companies. Would that count as a beneficial interest?
EF: It depends on whether she has a shareholding. If she has got a shareholding that’s more than 1% of that company, yes, but not otherwise. The rules are very interesting as you will have seen from [] There are some things which members are required to show a spouse – that’s the word that’s used – but most of the items they are required in fact to disclose either spouses or partners interests.
RH: I appreciate again that it is difficult thing to administer because it’s a question of how long is a piece of string – up to a point. OK. But there wouldn’t be any question if a person was an actual director of a company and hadn’t registered it, that would be I presume be just a straight open and shut case?
EF: Well, if a person is remunerated director then they are required to register it.
RH: Right, but if they are not a remunerated director then they are not? I can see the possibilities of lots abuse there but still. Someone else gets paid, it’s as simple as that.
EF: That’s what the rules are about, about financial probity.
RH: What I’m saying to you is that… I think you used to have some dealings with the Revenue, you were head of their…
EF: I was their adjudicator.
RH: That means that …the easy way to get round that is if the MP is unremunerated then someone else gets the payment.
EF: Well, if there is evidence, of course if there’s evidence of jiggery pokery to get round the rules on a technicality, then that’s, I, of course I would look into it.
RH: Well, I mean, if for example say a relative was being paid and the MP wasn’t being paid and both of them are directors, would you consider that prima facie evidence of possible misdoing?
EF: Not necessarily, no. You would have to find out whether the person who was getting paid was doing the work which they might well might.
RH: Right. Then I presume you would be willing to put the usual Revenue test of whether in fact whether the remuneration was in fact commensurate with the work they were doing.
EF: Well, if there was a Revenue issue. I would put it to the Revenue to look into.
RH: I wasn’t meaning that there was tax avoidance or anything like that. What I am saying to you is that what the Revenue commonly does is…
EF: Don’t worry I do know about that.
RH OK. What I am saying to you…
EF: What I would do. I am not willing to talk about a hypothetical case for fear of being misinterpreted. But I don’t wish to…
RH: Well……
EF: No, be very careful. What I would do if you provide me with any evidence that the rules may have been broken – it must be what I [inaudible word] – then I will look into it and if the evidence appears to show that people are getting round the rules in some technical way of course that would be against the spirit of Code and I would look into that. But I don’t then make an assumption that any individual is necessarily doing anything wrong. I would only come to that conclusion on the facts.
RH: You see what I would worry about here is, I mean purely from your own point of view rather than mine, is that if an MP isn’t remunerated but someone close to them is remunerated, it would seem to me that that’s a prima facie conflict of interest there, because he may well argue that he is pure as the driven snow and all this sort of thing, but if somebody as close as his wife, just to take one example, is getting substantial remuneration from the same source, or maybe even not as a director, he doesn’t even have to be a director, I mean, it’s one of the oldest scams in the world to put your director’s wife…
EF: it is also perfectly possible that it can be a perfectly legitimate business arrangement if you have two people who happen to be married to one another and working for the same business, one of whom decides that they want to be remunerated for a job, someone else who may well be in a job may not wish to take pay for it. That is a perfectly proper arrangement. What one would have to look at in any individual case whether or not it was proper.
RH: I would agree in normal circumstances that you could have a perfectly proper arrangement, and I’m not suggesting that there is any financial irregularity or tax avoidance, this is not what I am suggesting. What I’m saying is that in the context of the MP being an MP is there not a conflict of interest there? I mean…
EF: Well there may be, if you produce evidence that there is I’ll have a look at it.
RH: No, sorry, I’m obviously not making myself clear.
EF: You are making yourself totally clear. I am absolutely clear about what you are saying.
RH: What I’m saying to you is that regardless of any other evidence isn’t the mere fact that an MP has his wife…
EF: No.
RH: Then effectively it’s a dead letter..
EF: No, it’s not a dead letter, of course it’s not. If there is a situation in which two people married to one another or partners are working for the same business, one is receiving remuneration and one is not, if there is any evidence that there is [inaudible] bring it to me I will look at it. If there isn’t any evidence then I won’t be able to look into it.
RH: Yes, well again without belabouring the code of conduct, I would have thought, actually, that where you have got that close link …if someone is actually working for that company it would be relevant]. I’m talking about the wife or whoever is the non-MP, is working for that company and being remunerated by that company. I would have thought, that you know, that was a conflict of interest or a possible conflict of interest which needed to be declared. All right, you may say that it is not within the…
EF: There are many conflicts of interest which you can have that the rules that parliament has laid down do not require to be registered. There are – you will know from your Civil Service experience – as a civil servant one has to declare many possibilities of conflict of interests which aren’t required of MPs. What’s required of MPs is what’s in that Code of Conduct. Those rules are very much about who pays the MP. Not about other monies that a person may have coming into their family or that other members of that family may have. That’s not what they are about. Now, you may think that the rules are no good and therefore you should be putting that point.
“RH: Well, actually, I think they are admirable rules, but it is just unrealistic to expect politicians to be actually bound by them. It’s like Chesterton’s old saw…
EF: No, well, if you think MPs ought to declare what their partners or spouses [have], then you ought to be putting a case to he Standards and Privileges Committee or to Lord Neil. They are the people to make that to.
RH: Yes, well, I shall doubtless do that in time when I get round to it. It does seem to me that is so broadly drawn as I said when we started off, I can see the problem from your point of view you of trying to enforce it, but it would seem to me…
EF: it’s not my job to enforce it.
RH: OK, be guided by it or whichever way you want to put it. The thing is, if that comes within your remit or guidance or whatever you want to call it, nonetheless it is so broadly drawn, I mean, it would cover well, well I mean, an unending multitude of sins.
EF: Absolutely, and indeed this is why the House agreed it in those terms so that the Committee if it ever decided could look into a wide range of things. What I am saying to you is what I interpret to be the wishes of the House in terms of what I should look into myself. I can only tell you that as best I can.
RH: Yes, I mean if it’s not confidential, I mean, have you had apart from the stuff you sent me, have you had any other written sort of guidelines or anything like that?
EF: Written guidelines?
RH: Well, I’m sorry, I don’t know what goes on behind the scenes. I mean have you had … maybe you sought some guidance from the committee, or something like that and they have given you guidance on how to interpret the Code of Conduct for example?
EF: Well, there are the odd occasions that you will know well. One of the complaints I had early [on] was about Mr Mandelson. When I read the Code of Conduct- and I had other complaints about him as you know from other people – when I read the Code of Conduct I was of the view that loans, concessionary loans between members, were not exempted from the Register. Many Members of Parliament, including Mr Mandelson believed they were and that was his reason for not having registered that loan. I said I can find no exemption in the rules. But I said to the committee you need to tell whether my interpretation is correct because I have been told by a lot of people and Mr Mandelson himself that I am wrong, that the House meant to exclude the registration of concessionary loans between members. The Committee said – and I read it carefully – members of the Committee said, Mr Mandelson’s quite right. We all think we don’t have to put that in. So I said, well please read the rules very carefully and they read the rules very carefully register and they said, Commissioner you’re right, they are not acceptable and so that is why they then followed my view on this on the matter. So there are a lots of situations in which I make an interpretation of what the rules say and then I say to the committee but you need to tell me if I’ve got that right or wrong. We have had a recent case as you well know in the press in which my reading indicated that..what Mr Livingstone’s situation is now in relation to speeches he was now making did require him to deposit [details in the register], that his circumstances had changed from when he was he just doing [inaudible] speeches and that he did now need to do so. That was a judgement and so I said to the committee that’s my reading of the rules and that’s my reading of Mr Livingstone’s situation. You have to tell me whether you think my interpretation is correct. And they looked at it and they were surprised about it, but they said you were quite correct. And, so there are lots of occasions on which I have to do the best I can and make an interpretation and the committee may not always agree with it. But that’s my job. I don’t it the other way round, I don’t say would before I look into this complaint I would you like to tell me what your view is. I don’t do it that way.
RH: I’m only asking these questions because I want to try to formulate any future complaints I may put in [to you] in a way which will be most accommodating to how you are working. Now, have you as a matter of interest….you have been in office for just over a year is it?
EF: That’s right.
RH: Have you actually been sort of conducting your self on the same lines as your predecessor or have you made any great changes?
EF: In what way?
RH: Sorry, I am just asking generally,. I hadn’t nothing particularly in mind. I mean, have you changed your tack would you say from your predecessors in terms of how you decide to…
EF: I leave that to other people to decide. Lots of people say that it is the same, but it is entirely up to the people who observe it [to decide].
RH: Right, well, now I would just like to ask you one or two other things …not taking up the complaints again…..Now, you’ve read my letters to Blair? I judge Mrs Filkin that you’re probably the sort of person if someone sends you something, assuming its not horrendously long, you probably read it. Would I be right?
EF: You should judge that I read things however horrendously long.
RH: Yes, right, I rather took it that this would be the case.
EF: I don’t think I can do this job properly unless I attending to what the public decides to send me..
RH: But there are limits just in terms of time.
EF: I’m very bogged down at the moment. I have a large number of complaints, but I’m not treating them any differently. I am treating them just as assiduously.
RH: But having read the Blair letters – just your own personal opinion, I’m not even asking you necessarily in your capacity as…
EF: I’m sorry, I am not going to comment.
RH: Well, all I was going to ask you was well did you find any gross racist abuse?
EF: I’m not going to comment. It is not for me. We are going to have to draw to a close.
RH: I know, I fully appreciate that, I fully appreciate that. To be honest with you I have really covered most of the ground I wanted to.
EF: Well, I am glad to meet you and I hope that you will provide me with evidence about any of the complaints that you are concerned about and if you do I shall look into them.
RH: Could I just ask you before I go. There is one complaint you are still waiting for investigation by I think its The Board of Trade which is Robinson, that’s right isn’t it? Is there any movement on that at all?
EF: I have heard nothing further.
RH: These things can drag on for yonks so its not that surprising. Well look Mrs Filkin I appreciate you seeing me and we will see if we can progress it in the future.
EF: I’m sorry you have had such – obviously an unsatisfactory…..
RH: To be honest I do this for two reasons, one is protect myself quite frankly, because I think you will appreciate that anybody who has been the subject of the attentions of the Prime Minister in the way I have been the subject of the attention of the Prime Minister, might have some slight cause for concern shall we say, all right? But the second thing is it’s just the fact that this is corrupt politics as well. I don’t just mean Blair, I am talking about Robinson and co. I am talking about Mandelson also. So don’t think I am progressing complaints which are non-Blair related simply because I’m trying to get at Blair, because that isn’t my purpose at all.
EF: No. I understand that. Some of the matters you have raised with me are not in relation to this [The Blair Scandal]
RH: Well exactly.
EF: Don’t forget your recorders.
RH: The most valuable thing in the bag. Right, ok, we are ending the meeting now at 11.55.
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