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'Half of MPs' to repay expenses 'Half of MPs' to repay expenses
(about 3 hours later)
MPs can expect a fresh attack on their reputations when the man assigned by Gordon Brown to audit their expenses publishes his final report.MPs can expect a fresh attack on their reputations when the man assigned by Gordon Brown to audit their expenses publishes his final report.
Sir Thomas Legg will criticise MPs for establishing a "culture of deference", making it difficult for officials to query or challenge their claims.Sir Thomas Legg will criticise MPs for establishing a "culture of deference", making it difficult for officials to query or challenge their claims.
It is thought nearly half of all MPs have been asked to make repayments. About 350 MPs are expected to have been asked to repay claims totalling £1m.
But sources suggest Sir Thomas' methods will be called into question by the senior judge considering MPs' appeals.But sources suggest Sir Thomas' methods will be called into question by the senior judge considering MPs' appeals.
More repaymentsMore repayments
The total amount repaid by MPs in the months since the expenses scandal broke will be revealed in the Legg report. Sir Thomas was asked at the height of the expenses furore last year to audit all claims for second homes made between 2004-2008.
In June, Parliament listed 182 MPs who repaid a total of £478,616 voluntarily or after demands from party leaders but errors meant it was later withdrawn. It followed the revelation some MPs "flipped" the property they called their second home to maximise claims, as well as using taxpayers' cash to pay for things such as a duck house, garlic peelers and widescreen TVs.
Since then Sir Thomas has proposed more repayments after auditing second homes claims made between 2004-2008. The Legg report being published at 1000 GMT will list the amount each MP has been asked to pay back.
He will also publish his full report on Thursday. Commons sources expect final repayments to come in well below £1m. Sir Thomas is expected to say in his report there was a "culture of deference" at the Commons Fees Office - the body which oversaw the widely criticised system - and MPs' claims were rarely challenged or refused.
However, newspaper reports have suggested the total figure could exceed £1m and that 350 MPs - over half of those in Parliament - will end up repaying money. Gordon Brown has urged MPs to pay up and said he would consider withdrawing the whip from those Labour MPs who did not comply with Sir Thomas Legg's judgement.
According to these reports, Sir Thomas will say there was a "cultural of deference" at the Commons Fees Office - the body which oversaw the widely criticised system - and MPs' claims were rarely challenged or refused.
Sir Thomas sent out letters to MPs in October detailing his requests for repayment but many were annoyed that he imposed retrospective limits on claims for gardening and cleaning.
Fresh appealFresh appeal
Gordon Brown urged MPs to pay up and said he would consider withdrawing the whip from those Labour MPs who did not.
Ahead of the publication of the Legg report, a No 10 spokesman said Mr Brown supported it "fully" and believed Parliament must now focus on making a new system work.
Conservative leader David Cameron warned Tory MPs who refused they may not be allowed to stand again, while Lib Dem leader Nick Clegg said the audit did not go far enough and should be widened.Conservative leader David Cameron warned Tory MPs who refused they may not be allowed to stand again, while Lib Dem leader Nick Clegg said the audit did not go far enough and should be widened.
But it is up to the Members' Estimate Committee - a body of MPs which looks at expenses and allowances - to decide whether to implement Sir Thomas's recommendations. It allowed MPs to appeal against them. Over the years looked at by Sir Thomas Legg MPs were allowed to claim up to about £24,000 a year for the cost of having a second home, which members need because they need a home in the constituency they represent and also one near Westminster where they must attend Parliament.
SUCCESSFUL EXPENSES APPEALS Jeremy Browne (Lib Dem, Taunton) - £17,894.24 in mortgage interestAnn Cryer (Labour, Keighley) - a "substantial demand". But will repay £1,600 for household itemsPatrick Hall (Labour, Bedford) - £260 in parliamentary expensesMartyn Jones (Labour, Clwyd South) - £1,100 in rentRoger Gale (Tory, Thanet North) - £2,470 in rent and phone billsFrank Field (Labour, Birkenhead) - repayment reduced by £3,000David Clelland (Labour, Tyne Bridge) - undisclosed sumCharles Clarke (Labour, Norwich South) - £750 in mortgage paymentsBernard Jenkin (Tory, North Essex) - repayment reduced by about £27,000 Profile: Sir Thomas Legg Q&A: MPs' expenses row explainedSUCCESSFUL EXPENSES APPEALS Jeremy Browne (Lib Dem, Taunton) - £17,894.24 in mortgage interestAnn Cryer (Labour, Keighley) - a "substantial demand". But will repay £1,600 for household itemsPatrick Hall (Labour, Bedford) - £260 in parliamentary expensesMartyn Jones (Labour, Clwyd South) - £1,100 in rentRoger Gale (Tory, Thanet North) - £2,470 in rent and phone billsFrank Field (Labour, Birkenhead) - repayment reduced by £3,000David Clelland (Labour, Tyne Bridge) - undisclosed sumCharles Clarke (Labour, Norwich South) - £750 in mortgage paymentsBernard Jenkin (Tory, North Essex) - repayment reduced by about £27,000 Profile: Sir Thomas Legg Q&A: MPs' expenses row explained
In December the committee asked former Court of Appeal judge Sir Paul Kennedy to make a final ruling - and said those who were unsuccessful on appeal must pay up or face having their pay docked. The allowance covered claims for things such as mortgage interest, rent and also furnishings but there were no published limits placed on how much could be spent on particular items.
Instead MPs signed a declaration with each claim saying "I confirm that I incurred these costs wholly, exclusively and necessarily to enable me to stay overnight away from my only or main home for the purpose of performing my duties as a Member of Parliament".
Sir Thomas sent out initial letters to MPs in October detailing how much he thought should be repaid but many were annoyed that he chose to impose retrospective limits on claims that the Commons Fees office had allowed.
He says MPs should not have claimed more than £2,000 a year for cleaning and £1,000 a year for gardening.
As a result the Members' Estimate Committee - a body of MPs which traditionally oversees the rules on expenses and allowances - allowed MPs to appeal against Sir Thomas's ruling before his report was published.
In December they asked former Court of Appeal judge Sir Paul Kennedy to hear those appeals - and told those who were unsuccessful on appeal must pay up or face having their pay docked.
About 70 MPs are thought to have appealed and 19 contacted by the BBC said they had either won their appeals or had the amount they were asked to repay reduced.About 70 MPs are thought to have appealed and 19 contacted by the BBC said they had either won their appeals or had the amount they were asked to repay reduced.
Among them is Conservative Bernard Jenkin, who had been asked to repay £63,250 - the highest amount known - after renting his second home from his sister-in-law. This practice was banned in 2006. He has said his repayment has been reduced to £36,250.
Labour MPs expect Sir Paul to question the way Sir Thomas retrospectively applied new rules to MPs' expenses.
Sir Thomas was asked by Gordon Brown to review all claims under the second homes allowance since 2004, following the scandal over MPs' expenses.
But as well as checking claims were correctly made, he chose to impose retrospective limits, saying MPs should not have claimed more than £2,000 a year for cleaning and £1,000 a year for gardening. MPs were asked to pay back any claims over those limits.
Full repayments
Many 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".
But Sir Paul is understood to have written, in a foreword to his section of the report, that he rejects the retrospective rules in principle.
Also, a source close to the process told the BBC that he is likely to be critical of the fact that he was unable to question the retrospective limits when considering individual cases.
Sir Thomas angered MPs by imposing retrospective limits on some claimsSir Thomas angered MPs by imposing retrospective limits on some claims
Among them was Conservative Bernard Jenkin, who had been asked to repay £63,250 - the highest amount known - after renting his second home from his sister-in-law. This practice was banned in 2006. He has said his repayment has been reduced to £36,250.
Labour MPs expect Sir Paul, who is also publishing his report into the appeals process, to question the way Sir Thomas retrospectively applied new rules to MPs' expenses.
Alongside Sir Thomas' report, a full list of repayments made since April 2009 - the month before the expenses scandal broke when details of claims made were published by the Daily Telegraph - will be released.Alongside Sir Thomas' report, a full list of repayments made since April 2009 - the month before the expenses scandal broke when details of claims made were published by the Daily Telegraph - will be released.
This is expected to include repayments made voluntarily by MPs in the face of public anger, those demanded by party leaders, those requested by Sir Thomas Legg and other repayments made privately by MPs after complaints were resolved informally by standards commissioner John Lyon.This is expected to include repayments made voluntarily by MPs in the face of public anger, those demanded by party leaders, those requested by Sir Thomas Legg and other repayments made privately by MPs after complaints were resolved informally by standards commissioner John Lyon.
More details of expenses claims for 2008-9 and the first quarter of 2009-10 are also due to be published on Thursday.More details of expenses claims for 2008-9 and the first quarter of 2009-10 are also due to be published on Thursday.
Second homes claims for 2008-9 were published in December but Thursday's publication will include remaining expenses such as travel, communications and office allowances.Second homes claims for 2008-9 were published in December but Thursday's publication will include remaining expenses such as travel, communications and office allowances.