12/03/2010

Expenses Peer Uddin Faces No Charges

Baroness Uddin will not face criminal charges over her claims for parliamentary expenses, the Director of Public Prosecutions has confirmed.

The Labour peer was the sixth Parliamentarian to undergo criminal investigation. Four others have already appeared in court charged with fraudulent activity, which they deny.

Members of the House of Lords are not generally paid a salary.

However, they are entitled to make certain claims under the House of Lords' expenses scheme. One of those is for 'night subsistence'.

That allowance can only be claimed if a peer whose 'only or main residence' is outside London stays 'overnight' in London because of House of Lords business.

It was alleged Baroness Uddin claimed 'night subsistence' for overnight stays in London, after attending the chamber, to which she was not entitled.

Although she had nominated a flat she owned in Maidstone, Kent, as her 'only or main residence', it was alleged that 'her only or main residence' was in fact a house in east London.

Keir Starmer, Director of Public Prosecutions, said: "It was always recognised that the definition of 'only or main residence' under the House of Lords' expenses scheme would be critical to any possible criminal proceedings against Baroness Uddin.

"However, 'only or main residence' is not defined in the House of Lords' expenses scheme itself; nor is it defined in legislation."

In November, the Clerk of the Parliaments, Michael Pownall, said: "Ultimately it is up to Members to designate an address as their main residence as they see fit."

In February this year, he said a "main residence has to be visited with a degree of frequency: in the order of at least once a month, over the year, when the House is sitting".

Mr Starmer said on that interpretation, in any criminal proceedings would be likely to faulter.

"It would almost inevitably be necessary for the prosecution to prove, to the criminal standard, that any peer in question had not even visited the address they deemed their 'only or main' residence once a month."

He said that definition presents a "very real difficulty" for the Crown Prosecution Service.

"However, after careful consideration, we concluded that such a course would not be open to us."

Mr Strarmer added: "There is insufficient evidence to bring criminal charges against Baroness Uddin and we have today advised the Metropolitan Police to take no further action."

The peer said: "I am relieved that this ordeal has finally come to an end."

She added: "I only wish to say thank you to everyone who has supported me through this every difficult time and I now wish to turn back to my professional life and my public duties and my family."

(PR/BMcC)

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