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MPs given fresh expenses appeal MPs given fresh expenses appeal
(about 2 hours later)
MPs will be allowed to appeal against repaying expenses judged to have been overclaimed, says a Commons committee.MPs will be allowed to appeal against repaying expenses judged to have been overclaimed, says a Commons committee.
Many MPs were angry that an audit of second home claims since 2004 imposed retrospective limits on claims for cleaning and gardening.Many MPs were angry that an audit of second home claims since 2004 imposed retrospective limits on claims for cleaning and gardening.
Gordon Brown was among those asked to repay money. He urged MPs to pay up but others planned to defy the demands.Gordon Brown was among those asked to repay money. He urged MPs to pay up but others planned to defy the demands.
The Members Estimate Committee said it will recommend MPs repay money - if the new appeals process says they should. The Members Estimate Committee warned MPs they would dock their pay if they lost appeals and did not repay money.
It is up to the committee to decide what to do about auditor Sir Thomas Legg's final recommendations, now expected in early 2010. Auditor Sir Thomas Legg sent out letters to MPs with his initial recommendations that they repay money, or provide more details, in October and they have been responding to him.
'Fair and equitable' Appeal court judge
It has asked former Court of Appeal judge Sir Paul Kennedy - who was also the government's Interception of Communications Commissioner - to consider written submissions by some MPs "showing cause why there are special reasons in the individual case that it would not be fair and equitable to require repayment either at all, or at the level recommended". His final letters to MPs will go out next week, on 7 December.
It says the appeals process is "designed to reflect" legal proceedings open to most people that is not open to MPs "in this case because of parliamentary privilege". It is up to the members estimate committee to decide what to do about Sir Thomas's final recommendations, expected in early 2010.
Following publication the committee will seek a resolution of the House authorising the recovery of any outstanding payments Members' Estimate Committee Those who do not pay back will have the sums deducted from their salaries or allowances Sir Stuart BellMembers' Estimate Committee
That process will be completed in early 2010, the committee says, and the findings will be published alongside auditor Sir Thomas Legg's final report. It has asked former Court of Appeal judge Sir Paul Kennedy - who was also the government's Interception of Communications Commissioner - to consider written submissions by some MPs.
But the committee said it would recommend to MPs that any overpayments identified by Sir Thomas should be repaid voluntarily. It says they must show "cause why there are special reasons in the individual case that it would not be fair and equitable to require repayment either at all, or at the level recommended".
It will propose that if it is not, the demands will be "recovered by setting off sums owed against future payments of allowances and/or salary". The appeals process is expected to be completed by 15 January 2010, after which MPs will be asked to vote on the committee's recommendation that they pay back the sums requested.
"Following publication the committee will seek a resolution of the House authorising the recovery of any outstanding payments," the committee said. Retrospective limits
Furious MPs Committee member Sir Stuart Bell said: "There can be no back-sliding. Those who do not pay back will have the sums deducted from their salaries or allowances."
Sir Thomas was asked by Gordon Brown to review all past claims back to 2004 under the second homes allowance - following the scandal over MPs' expenses. Sir Thomas was asked by Gordon Brown to review all past claims back to 2004 under the second homes allowance, following the scandal over MPs' expenses.
But he chose to impose his own retrospective limits on some claims - notably for cleaning and gardening, which he said should have been set at £2,000 a year and £1,000 a year respectively. But he chose to impose retrospective limits on claims for cleaning and gardening - which he said should have been set at £2,000 and £1,000 a year respectively. MPs were asked to pay back any claims over those limits.
The demands provoked a furious response from many MPs, who have been given time to respond to his recommendations that they repay money.
Sir Thomas has audited MPs' second-home expense claims made since 2004Sir Thomas has audited MPs' second-home expense claims made since 2004
They point out that the claims were allowed under the rules at the time but Sir Thomas has said working out exactly what those rules were was "not straightforward". Many MPs were furious, pointing out that they were allowed under the rules at the time but Sir Thomas has said working out exactly what those rules were was "not straightforward".
There was also some annoyance that MPs with relatively small claims were being asked to repay money, while those who accrued large sums through selling on their taxpayer-funded second homes had not been asked to repay money. There was also some annoyance that MPs with relatively small claims were being asked to repay money, while those who accrued large sums through selling on their taxpayer-funded second homes had not been.
Among the most high profile cases were Prime Minister Gordon Brown who was asked to repay £12,415, largely for cleaning. He repaid the money immediately and urged other MPs to do the same. Prime Minister Gordon Brown was asked to repay £12,415, largely for cleaning. He repaid the money immediately and urged other MPs to do the same.
Apology to Ken ClarkeApology to Ken Clarke
Conservative leader David Cameron has said all Tory MPs will have to pay up at the end of the review or they will not be able to stand for the party again.Conservative leader David Cameron has said all Tory MPs will have to pay up at the end of the review or they will not be able to stand for the party again.
The highest sum known to have been requested is £63,250 from Tory MP Bernard Jenkin, who had rented a property from his sister-in-law and claimed it on expenses.The highest sum known to have been requested is £63,250 from Tory MP Bernard Jenkin, who had rented a property from his sister-in-law and claimed it on expenses.
He said he had not been told that MPs were banned from renting from relatives in 2006 and the Fees Office knew about the arrangement, but has said he will repay whatever he is asked for at the end of the process.He said he had not been told that MPs were banned from renting from relatives in 2006 and the Fees Office knew about the arrangement, but has said he will repay whatever he is asked for at the end of the process.
But Sir Thomas has admitted some errors were made. Shadow business secretary Ken Clarke queried a request for a £4,733 and won an apology - the request was reduced to £1,345.But Sir Thomas has admitted some errors were made. Shadow business secretary Ken Clarke queried a request for a £4,733 and won an apology - the request was reduced to £1,345.
Labour MPs John Mann and Michael Clapham also queried smaller sums they were asked to repay and told they owed nothing.Labour MPs John Mann and Michael Clapham also queried smaller sums they were asked to repay and told they owed nothing.
A separate review of MPs' expenses recommended that they no longer be allowed to claim for mortgage interest on properties - or services like gardening and cleaning at all. They are currently under consideration by the new body set up to run MPs' expenses. A separate review of MPs' expenses recommended that they no longer be allowed to claim for mortgage interest on properties - or services like gardening and cleaning at all.
They are under consideration by the new body set up to run MPs' expenses.