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Independent Parliamentary Standards Authority

I wish to declare an interest as one of the many Members of Parliament who have been deemed to be a London-area MP with a constituency outside London. I also wish to state that I am among the many MPs of all political parties who were not asked to pay one penny back by Sir Thomas Legg. I warmly congratulate the hon. Member for Walsall North (Mr Winnick) on initiating the debate; he has done a great service to parties in all parts of the House. New Members, in particular, might well ask how it is that they arrived in the House on 6 May to find the expenses scheme creating such enormous difficulty for them and, indeed, for returned Members. It is therefore worth stating that that occurred because the final IPSA scheme was published only on 29 March. On the very same day, it was brought into being, when the Speaker laid it before the House without debate, consideration, the opportunity for amendment or a vote. I hasten to say that that comment represents no criticism whatever of the Speaker; that was the procedure laid down by the House in the Parliamentary Standards Act 2009. That is why we are in this situation, debating a scheme that has hitherto been wholly undebated and that is incapable of amendment or vote by Members of the House. I want to focus on one fundamental issue, which has thus far, I believe, received no consideration inside or outside the House, although I drew it to the attention of IPSA's chair, Sir Ian Kennedy, in my letter to him of 21 December last year. That issue is the interface between parliamentary privilege and IPSA's decisions. I should make it absolutely clear that the aspect of parliamentary privilege to which I am referring has nothing whatever to do with the application of the criminal law to MPs' expenses. I am referring to a quite different aspect of parliamentary privilege—the privilege of freedom from obstruction in the performance of parliamentary duties. I have taken advice from the Clerk of the House as to the ambit of that privilege. He has drawn my attention to page 75 of "Erskine May", under the heading "What constitutes privilege". He has also drawn my attention to page 143, under the heading "Obstructing Members of either House in the discharge of their duty", the first paragraph of which reads:""The House will proceed against those who obstruct Members in the discharge of their responsibilities to the House or in their participation in its proceedings."" He has also drawn my attention to the report of the Joint Committee on Parliamentary Privilege, at paragraph 264, where, among the contempts of Parliament that are listed, are""assaulting, threatening, obstructing or intimidating a member or officer of the House in the discharge of the member's or officer's duty"." I do not, of course, suggest that IPSA is in the country of assault, but there are serious issues to be raised about obstruction. The Clerk of the House has made it clear to me that the privilege of freedom from obstruction applies only to work in connection with parliamentary proceedings. It does not apply to constituency work. However, he has also confirmed to me, in writing, that the protection of MPs from obstruction in connection with parliamentary proceedings applies whether the House is sitting or not. So, just as the IPSA scheme and any obstruction occurring under it applies throughout the year, the protection from obstruction for MPs applies equally throughout the year. The issue before the House is whether IPSA is obstructing Members of Parliament in the discharge of their parliamentary duties, other than their constituency duties, by, for example, forcing them to spend many hours a week travelling, when they could be working in connection with their parliamentary duties; or whether in countless other ways, as we heard from the hon. Member for Walsall North and in interventions, it is obstructing Members in the efficient and effective discharge of their parliamentary duties.