Legg process lambasted by second investigator
By Ian Dunt
Sir Thomas Legg’s approach to rectifying the allowances system has been attacked by the judge appointed to hear MPs’ appeals.
Sir Paul Kennedy’s report into MPs’ appeals, published today, upheld 44 of the 70 appeals made.
He appeared to question the retrospective nature of Sir Thomas’ thinking – a common criticism among MPs.
“I entirely understand why in 2006 parliament found it necessary to change the rules, but I am particularly troubled by the suggestion that a transaction entered into before that date, which was disclosed to the Fees Office, was apparently genuine, and was evidenced in writing, should now be described as tainted and, for the purposes of ACA, wholly invalid; or as having ‘breached the requirement of propriety’,” he wrote in his summary.
“I recognise that in paragraph 37 the author of the Review says that his conclusions and recommendations ‘imply no reflections on the conduct or motives of individual MPs’, but the situation is not, as suggested, analogous to an under-payment of tax or an over-payment of social security benefits.
“Such errors are usually put right without any publicity. The ACA Review is, at least in part, the result of enormous publicity, and will no doubt generate further publicity when it is published,” he continued.
“Against that background it seems to me that to describe any apparently genuine transaction as tainted, or breaching the requirement of propriety, when there is no evidence of impropriety, is damaging, unfair and wrong.”
The outspoken comments come on the same day that Sir Thomas’ report was released into the public domain, triggering a new wave of scrutiny and recrimination for the 390 MPs asked to repay money.
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