What is the protocol when the parliamentary commissioner for standards receives an allegation of a criminal offence?

Keith Kennaugh made this Freedom of Information request to House of Commons Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear House of Commons,

I understand from the rules that the parliamentary commissioner for standards is prohibited from investigating an allegation of any criminal offence.

What is the protocol when the commissioner receives allegations of crimes?

For example, when an MP is alleged to have received a financial advantage in exchange for the improper performance of his duties contrary to section 2 of the Bribery Act 2010, how is the decision made to treat it as "Paid lobbying" or a second job instead of bribery?

Who is responsible for making these decisions?
How many times in this parliamentary term have you had to make the decision set out in the example?

Yours faithfully,

Keith Kennaugh

FOI Commons, House of Commons

1 Attachment

Dear Keith Kennaugh,

 

Freedom of Information request F23-252

 

Thank you for your request for information dated 11 May 2023, received by
us on the same date, which is copied below.

 

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 9 June 2023.

 

If you have any queries about your request, please use the request number
quoted above and in the subject line of this email.

 

Yours sincerely,

 

Sarah Price

Information Compliance Support Officer
Information Compliance

Governance Office
E: [1][email address]

 

House of Commons, London SW1A 0AA
[2]parliament.uk

 

 

For information about what the House of Commons does with your personal
data please see our [3]privacy notices.
[4][IMG]

The House of Commons welcomes feedback. If you have any compliments,
complaints or comments
about the service that you have received please complete the online
[5]feedback form

 

 

 

 

 

 

From: Keith Kennaugh <[FOI #979595 email]>
Sent: 11 May 2023 07:49
To: FOI Commons <[email address]>
Subject: Freedom of Information request - What is the protocol when the
parliamentary commissioner for standards receives an allegation of a
criminal offence?

 

Dear House of Commons,

I understand from the rules that the parliamentary commissioner for
standards is prohibited from investigating an allegation of any criminal
offence.

What is the protocol when the commissioner receives allegations of crimes?

For example, when an MP is alleged to have received a financial advantage
in exchange for the improper performance of his duties contrary to section
2 of the Bribery Act 2010, how is the decision made to treat it as "Paid
lobbying" or a second job instead of bribery?

Who is responsible for making these decisions?
How many times in this parliamentary term have you had to make the
decision set out in the example?

Yours faithfully,

Keith Kennaugh

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[6][FOI #979595 email]

Is [7][House of Commons request email] the wrong address for Freedom of
Information requests to House of Commons? If so, please contact us using
this form:
[8]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[10]https://www.whatdotheyknow.com/help/ico-...
[11]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

FOI Commons, House of Commons

1 Attachment

Dear Keith Kennaugh,

 

 

Freedom of Information Request F23-252

 

Thank you for your request for information as copied below. You asked the
House of Commons four questions regarding the protocol when the
Parliamentary Commissioner for Standards (PCS) receives allegations of
crimes, which we have sought to answer below.

 

 1. What is the protocol when the commissioner receives allegations of
crimes?
 2. For example, when an MP is alleged to have received a financial
advantage in exchange for the improper performance of his duties
contrary to section 2 of the Bribery Act 2010, how is the decision
made to treat it as "Paid lobbying" or a second job instead of
bribery?
 3. Who is responsible for making these decisions?

and

 4. How many times in this parliamentary term have you had to make the
decision set out in the example?

 

In the first instance, please note that, while we endeavour to be as
helpful as possible, the Freedom of Information Act 2000 (FOIA) only
provides the requester with an access right to recorded information held
by the House of Commons. It does not extend to requests for views,
explanations or comments about a particular matter - including
hypothetical scenarios – unless those explanations are already recorded.

 

Your request can be in the form of a question, but the House of Commons
does not have to answer your question if this would mean creating new
information, providing analysis or interpretation, providing confirmation
or giving an opinion or judgment that is not already recorded. Further
information can be found at:
[1]http://www.parliament.uk/site-informatio....

 

This information is not held by the House of Commons. We do not hold any
recorded information that answers your questions.

 

This said, it may help you to know that the “Procedural Protocol in
respect of the Code of Conduct” sets out the process for the PCS dealing
with cases concerning Members’ adherence to their Code of Conduct.
Regarding allegations of crime, the Protocol states that “the Commissioner
cannot investigate in any circumstances…allegations of criminal
misconduct, which are normally a matter for the police”. Before beginning
a formal investigation, the Commissioner must first be satisfied that the
matter falls within his remit, and he will then consider whether the
evidence provided is sufficient to justify beginning an investigation.

 

However, we do not hold a formal, written protocol regarding the situation
specified, and it is up to Commissioner in each instance to consider which
allegations should be dealt with and how. The Procedural Protocol can be
found in full on our webpages at:
[2]https://publications.parliament.uk/pa/cm....

 

 

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request.  Complaints or
requests for internal review should be addressed to: Information
Compliance Team, Governance Office, House of Commons, London SW1A 0AA or
[3][House of Commons request email].  Please ensure that you specify the full
reasons for your complaint or internal review along with any arguments or
points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[4]https://ico.org.uk/.

 

Yours sincerely,

 

Information Rights Officer
House of Commons Information Compliance Team
House of Commons, Palace of Westminster, London SW1A 0AA 
[5]parliament.uk
[6][IMG]

[7]House of Commons Privacy Notice for the public

[8]Supporting a thriving parliamentary democracy

 

From: Keith Kennaugh <[9][FOI #979595 email]>
Sent: 11 May 2023 07:49
To: FOI Commons <[10][email address]>
Subject: Freedom of Information request - What is the protocol when the
parliamentary commissioner for standards receives an allegation of a
criminal offence?

 

Dear House of Commons,

I understand from the rules that the parliamentary commissioner for
standards is prohibited from investigating an allegation of any criminal
offence.

What is the protocol when the commissioner receives allegations of crimes?

For example, when an MP is alleged to have received a financial advantage
in exchange for the improper performance of his duties contrary to section
2 of the Bribery Act 2010, how is the decision made to treat it as "Paid
lobbying" or a second job instead of bribery?

Who is responsible for making these decisions?
How many times in this parliamentary term have you had to make the
decision set out in the example?

Yours faithfully,

Keith Kennaugh

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[11][FOI #979595 email]

Is [12][House of Commons request email] the wrong address for Freedom of
Information requests to House of Commons? If so, please contact us using
this form:
[13]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[15]https://www.whatdotheyknow.com/help/ico-...
[16]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections