Scandal: MPs dodge a bullet as Parliament destroys expenses data
- Summary:
- Speaker of the Commons John Bercow now faces fresh allegations of a cover up, as loopholes in data retention policy mean that the destruction of the data is legal.
Outrage has ensued as it has been revealed that MPs accused of abusing the expenses system between 2005 and 2009 will no longer face official
investigation, after the House of Commons destroyed all records of the claims.Speaker for the Commons, John Bercow, is now facing accusations that he presided over a cover-up of the scandal, having overseen the destruction of data that would have been used against MPs that claimed thousands of pounds under the disputed, unreformed system.
Authorities claim that data retention policy required the destruction of the data – despite a number of other contradictory policy guidelines that underpin traditional data protection laws.
The Telegraph revealed the latest scandal after it emerged that members of the public that had raised complaints had received a response from the head of the standards watchdog, Kathryn Hudson, that there was not enough evidence to launch an investigation. David Pugh, Alan Stovell and Gary Taylor, members of the Isle of Wight Conservative Association, alleged that their local Conservative MP, Andrew Turner, made false claims worth £103,000 between 2004 and 2010.
Mrs Hudson responded by saying that although the allegations were “serious”, an investigation wasn't possible. She said:
All records relating to expenses claims before 2010 have now been destroyed. No unredacted information is now available here nor any notes of conversations or advice given to Mr Turner which might establish the facts.
Mr Pugh countered Hudson's comments by saying that the destruction of the data is “indicative of a wider culture within Westminster and Whitehall”, where it is easier to get rid of information than face tough questions in the future.
It now means that the Telegraph, which led the revelations of the initial expenses scandal back in 2009, is the only organisation that holds any unredacted record of claims under the unreformed system.
The expenses scandal let to a number of MPs resigning and criminal investigations being launched, with a number of reforms being made about how members of parliament can claim money for accommodation. This latest news comes as some of the MPs that lost their jobs following outrage in 2010 are now seeking office again.
The House of Commons' 'Authorised Records Disposal Practice', which is overseen by Bercow's committee, states that records of MPs' expenses claims should be destroyed after three years. A Commons spokesperson told the Telegraph that the move is necessary to comply with data protection laws.
As the Telegraph notes, rules governing expenses data seems to differ from those governing pay, discipline and sickness records – all of which are kept until their 100th birthday.
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However, according to Parliament's own guidelines on data retention, data should not be destroyed if it is relevant to a potential legal dispute. A document on Parliament's website states:
There are exceptions to this recommendation (the recommended disposal dates). For example, information relevant to a potential or actual legal dispute must be retained for at least 6 years after any action is complete, or until it becomes clear that no further action is being taken.
As a result, surely information regarding claims made by the likes of former Culture Secretary Maria Miller, who was facing investigation, should have been retained? It is now unlikely that the investigations against Miller will go ahead.
One could even argue that given the high profile cases that had been brought forward during the period 2005 and 2009, shouldn't all claims data
pertaining to MPs' expenses have been kept just in case another dispute was highlighted? It also seems a bit confusing that businesses are supposed to keep records for six years, yet MP's expense data should only be kept for three.Equally, even though the House of Commons suggests that the destruction of the data was carried out in order to comply with data protection laws, the Information Commissioner's Office states on its website that the retention of data “depends on the purpose for which it was obtained and its nature” and that it should be retained “for as long as reason applies”.
Furthermore, the National Archive's website states “information should be retained only as long as it is needed for business, legal or historical purposes” - did the House of Commons authorities not think ongoing legal disputes applied?
Predictably, the reaction from the public on Twitter has been less than favourable:
Well... This is one way to ensure no MP past expenses scandal is ever investigated. I can't. Even. (via @fadingsanta) http://t.co/3j84hroOAM
— Alex Andreou (@sturdyAlex) November 3, 2014
Bloody scroungers... MPs to escape expenses investigations after paperwork destroyed by Parliament: http://t.co/PWpq9CUHdp
— Francesca Martinez (@chessmartinez) November 2, 2014
Beggars belief: House of Commons destroys MPs' expenses claims records, meaning no more investigation http://t.co/vjoVQQbG91
— Emily Wight (@emily_wight) November 2, 2014
"People are still going on about MPs expenses, how do we stop them?" "Shred all the paperwork?" "Yes. Do that." http://t.co/igM639c4fo
— Tentacle Sixteen (@latentexistence) November 2, 2014
A Commons spokesperson said:
Destruction dates for records are prescribed by the House of Commons Authorised Records Disposal Practice (ARDP) policy, and in compliance with the Data Protection Act.
The retention period for general financial data, of which Members’ Expenses is a sub-set, is three years after the current financial year finishes. The long-standing policy on retention of MPs’ expenses records was originally agreed by the Members Estimate Committee (MEC).
In accordance with the ARDP, the disposal of records relating to Members’ expenses claims pre-2010 was carried out on a routine basis at various times each year up to 2014, four years after the House of Commons’ oversight of the MPs’ expenses arrangements finished.
My take
This reeks of a cover up of the worst kind – a legal one. The Commons authorities know full well that data retention is typically a topic that organisations often fail on and that by following the policy to the letter, they are able to turn around and say that they are just sticking to their data protection laws.
However, common sense should have prevailed and the House of Commons shouldn't have been so foolish to think that the media wouldn't catch wind of this. Without the data, MPs that had faced legal accusations will now walk free and be able to stand again for office without dispute. How convenient.