ANOTHER DODGY ‘HONOURABLE MEMBER’ SHAMES WESTMINSTER
The House of Lords Conduct Committee has published a report on the conduct of Lord Chadlington (John Selwyn Gummer), recommending he be suspended from the House for 12 months.
The recommendation is the result of an investigation by the independent House of Lords Commissioner for Standards, which followed a complaint made on behalf of Covid-19 Bereaved Families for Justice.
The Commissioner, Martin Jelley QPM DL, investigated Lord Chadlington’s role in the procurement of personal protective equipment (PPE) during the Covid-19 pandemic and, specifically, his role in assisting a subsidiary of a company he chaired to secure PPE contracts.
The Commissioner found that Lord Chadlington, a former Chairman of the Conservative Party during the Thatcher era, breached the House’s prohibition on members providing “parliamentary services” in return for payment or reward.
He also found that Lord Chadlington had failed to cooperate with two previous investigations into his conduct and had failed to act on his personal honour.
Chadlington appealed against the Commissioner for Standards’ findings and his recommended sanction that he be suspended from the House for 12 months. The Conduct Committee rejected that appeal and upheld the Commissioner’s findings and recommended sanction.
The Conduct Committee’s report will now need to be agreed by the House before the sanction takes effect. The House is expected to consider the report in the week of 16th March.
Chadlington, who is 84, has said he will ‘retire’ from the House of Lords and quit the Tory Party. That’s likely to be of little consolation to Covid-19 Bereaved Families for Justice:
Grief: A Poem
by Susie Crozier-Flintham
Grief fills the room Which room or space Is not a matter Of speculation Or some theory Now debunked By its own author, I might add, But one of Who We Are As People My grief fills my life Not room or space But every quarter Of my being, not Some speculation Or some theory, Conspiracy theory That serves to Diminish Deceive or Decry My Dad died. A declarative Not speculation He was among over 252, 032 others To pretend
Those things Untrue Is to pretend Some lives Are worth Losing Moreover, Do we dismiss Collective grief As something Uncomfortable Because, we don’t decide We can’t pick and choose Those dead Are commemorated These dead are not Weren’t they all human? People with lives? Weren’t they all children Once? Grief fills this room Because it’s not just About remembrance It’s about Potential lost Opportunities missed Connections denied Grief fills this room Because it has to Without it We are nothing Mere chattels
On this Earth Which birthed us Which birthed us But masters, And indeed mistresses Of our own destiny Are we So hear me You are my family I lost mine Not through carelessness But through design And in my Dad’s name You are Therefore Mine.
‘Fundamental issues’ must be addressed in a Bill which seeks to introduce a recall process to the Scottish Parliament. This is the outcome of a report issued by Holyrood’s Standards, Procedures and Public Appointments Committee.
Whilst the Committee recommends the Scottish Parliament agrees the general principles of the Bill, the report sets out a number of areas for reconsideration to ensure the process works within the Scottish Parliament’s electoral system.
These include consideration of the complexity and costs associated with the recall of regional MSPs, and some of the practical arrangements of holding recall petitions to ensure all those eligible to sign can do so.
The Bill also proposes new grounds for the automatic removal of MSPs, either on criminal offence grounds or when a Member has not attended the Parliament in person for 180 days without a reasonable explanation.
The Committee is not persuaded that MSPs should be removed for not physically attending the Parliament and invites Mr Simpson to reconsider this element of the Bill.
Speaking as the report published, Committee Convener Martin Whitfield MSP said: “We have heard that at its heart, this Bill has the integrity of the democratic process and the aim of improving accountability.
“Whilst this is clearly to be welcomed, there are some fundamental changes which need to be made for the Bill to achieve this aim.
“The recall process suggested within the Bill builds on the now well-established process at Westminster. But as we heard time and again, the two electoral systems are not the same and it is clear to us that there needs to be further thought given to how regional recall will work.”
The Convener continued: “The proposals within the Bill in relation to removal of MSPs fail to take into account the fact that we operate as a hybrid Parliament.
“With this in mind, we are simply not persuaded that requiring physical attendance is the correct basis for removal of MSPs and this must be rectified during any further consideration of the Bill.”
The findings of an independent review into how the Council handled allegations of misconduct have been published.
Led by former Scottish Information Commissioner, Kevin Dunion, the investigation focused on how the Council handled any allegations made, the policy and procedures in place to deal with similar types of allegations and what improvements, if any, could be made to safeguard against any inappropriate behaviour in future.
Following his appointment in February, Mr Dunion carried out a detailed review of relevant council policies, reports and other documents, webcasts of council meetings and 35 structured interviews. He also received 20 written representations from current and former councillors and staff.
In his report, which will be considered by councillors at a council meeting next Thursday (19 June), he concludes that complaints were, for the most part, handled properly and that the policies and procedures in place are broadly effective. In particular, he states that the recent allegations were ‘well handled and properly considered in line with the Council’s policies’.
However, he did identify issues with how previous concerns were dealt with and makes a series of recommendations around the Council’s complaints procedures and whistleblowing policy – in particular around the safeguarding of victims and/ or those making a complaint.
He also recommends further consideration of councillors’ conduct, their interactions with staff and the appropriateness of some social events in the City Chambers.
Chief Executive Paul Lawrence said: “I want to thank Kevin Dunion for leading this sensitive review and for his report, not least given the complexity of the brief and tight timescales.
“I know this must have been challenging and a difficult experience for many people and I particularly want to thank those who came forward to be interviewed or provided information to the review. Your input is very much appreciated.
“Subject to approval by councillors next Thursday, we will bring a further report back to the Policy and Sustainability Committee in August, outlining our proposed actions in response to Mr Dunion’s recommendations.”
Charity Commission says governance has improved significantly under new leadership
In a report published today (24th August 2023), the Charity Commission concludes that the former trustees of Care4Calais are responsible for several instances of misconduct and/or mismanagement.
The regulator is critical of the former trustees, finding that, over a number of years, the charity lacked appropriate governance structures, had poor internal financial controls and that its approach to handling complaints was inadequate.
The inquiry, which opened in August 2020, concluded that the charity’s overall management and governance have now improved significantly as a result of the Commission’s intervention and efforts made by the current trustees, including those appointed during the inquiry.
The Commission appointed an interim manager, who undertook an independent review of the charity’s governance, administration and decision-making.
Poor internal financial controls
The inquiry is critical of the charity’s financial management, notably a lack of suitable internal financial controls. Between October 2017 and August 2020, payments of over £340,000 were made to the personal bank account of one of the charity’s now former trustees. Because of this, at the opening of the inquiry the Commission used its powers to restrict financial transactions between the charity and current or former trustees.
The inquiry found that these payments were reimbursements for charitable expenditure incurred by the trustee. The trustee in question explained that this arrangement saved the charity around £3,000 per year in foreign exchange fees. The inquiry concluded that while no funds were misused or misappropriated for private benefit, this arrangement was inappropriate, and put the charity’s funds at undue risk.
Governance failings, poor complaint handling and dispute
The regulator found that between 2020 and 2021, Care4Calais operated with two trustees, failing to maintain the minimum number of trustees stipulated in its governing document. A dispute between board members left them unwilling or unable to resolve their conflict. This was found to be misconduct and/or mismanagement and the regulator remedied this by appointing additional trustees during the inquiry.
The inquiry also concluded that the charity’s handling of complaints was inadequate. The charity failed to demonstrate that complaints were handled in an impartial, fair, open and transparent way and failed to maintain records of investigations.
On at least one occasion, and in breach of the charity’s own policy, one trustee handled a complaint about another trustee to whom they were related, failing to identify or manage the conflict of interest and/or loyalty which arose.
As part of an action plan issued in 2022, aimed at strengthening the charity’s overall management and governance, the Commission directed the charity to strengthen its existing policy and create a complaints log.
Charity structure and conflicts of interest
Two of the former trustees were siblings, and the inquiry found little evidence to demonstrate that any past conflicts of interest or loyalty which may have existed had been appropriately managed. This was worsened by poor minute-taking. This amounted to misconduct and/or mismanagement.
The founder of the charity was a trustee and also the Chief Executive Officer (CEO). The interim manager recommended, to ensure a more balanced distribution of decision-making power, that the charity should recruit an independent CEO.
As part of the 2022 action plan, trustees were directed to recruit a CEO to head up the charity’s operational activity. A new CEO joined the charity on 10 April 2023 and the charity continues to progress recommendations for improvement. During the inquiry, the founder stepped down.
Campaigning and political activity
As part of its inquiry, the Charity Commission reviewed the trustees’ decision to issue judicial review proceedings to challenge the UK government’s Migration and Economic Development Partnership with Rwanda.
It found the decision was properly made, adequately documented, and was within the range of reasonable decisions open to the trustees of this charity. The activity itself served to further the charity’s objects, and the inquiry determined it was in line with the Commission’s guidance on political campaigning.
Improved governance and management
The Commission’s inquiry report makes clear that the new trustee board, which includes trustees appointed by the regulator, has implemented the 2022 action plan and introduced significant improvements to the charity’s management, governance and operation. This includes improvements to its complaints handling process.
The regulator has communicated to the charity that it expects improvements to continue, through the implementation of the extensive advice and guidance given throughout the inquiry.
Orlando Fraser KC, Chair of the Charity Commission, said: “Our inquiry found that, over a significant period of time, and following a rapid expansion of its operations, Care4Calais was not managed well. Its funds were put at risk, and there was serious misconduct and/or mismanagement by the former trustees.
“I am pleased that the Commission’s intervention has led to significant improvements to the charity’s governance, not least thanks to the work of the interim manager and new leadership.
“The charity is now in a much better position to deliver on its purposes. We have issued the new trustees with advice and guidance, including in relation to its international activities, so the charity is managed in line with the law and our regulatory expectations into the future.
He added: “I am very aware that this charity’s work has generated attention and controversy. We will not shy away from examining concerns raised about any charity and will take strong action where necessary.
However, as a fair, balanced and independent regulator we will not be influenced by political debates, nor should we stop charities from furthering their purposes in line with the law set down by Parliament. It is for the Commission to assess whether trustees are meeting their responsibilities – and that is what we have done.
The full report detailing the findings of this inquiry can be found on gov.uk.
