Letter to Members regarding the Review of the use of certain allowances under the Assembly Members (Salaries and Expenses) Determination (Northern Ireland) 2016
Note: this is a letter from the Clerk/Chief Executive of the Assembly, issued to Assembly Members, regarding the Review of the use of certain allowances under the Assembly Members (Salaries and Expenses) Determination (Northern Ireland) 2016.
Clerk to the Assembly/Chief Executive
Parliament Buildings, Ballymiscaw, Stormont
Belfast BT4 3XX
To All Assembly Members
(by email)
14 January 2025
Dear Member
Review of the use of certain allowances under the Assembly Members (Salaries and Expenses) Determination (Northern Ireland) 2016
You will be aware that, in October 2024, I commissioned a review after potential issues emerged from publicity surrounding the roles of two individuals employed by Members, in respect of whom costs were recovered under the Assembly Members (Salaries and Expenses) Determination (Northern Ireland) 2016 (the Determination). The review has now concluded and I have completed my consideration of the review report.
It is important to note the basis on which this review has been conducted. The Assembly Commission takes matters relating to the administration of public funds extremely seriously. When agreeing the Assembly Members (Salaries and Expenses) (Amendment) Determination (Northern Ireland) in 2020, the Assembly Commission reiterated that there should continue to be rigorous consideration by officials to ensure that every Member complied with the requirements of the Determination. I commissioned the review to ensure that the claims in respect of these individuals complied with the Determination.
Over the years, the Assembly Commission has repeatedly affirmed its longstanding position that no Member (including Members of the Assembly Commission) should be involved in decisions around the administration, or review, of individual claims made by Members under the Determination, to avoid any potential for political interference in the application of the Determination. In the context of this review, this meant that the Members of the Assembly Commission have had no role in setting the basis for the review, its conduct, or the resulting findings and recommendations in the report.
While there has been commentary and speculation on these issues, it was important that these matters were considered in a robust way which followed due process and examined the evidence. Therefore, the review considered in detail the documentation provided to the Assembly Commission Finance Office by all relevant Members in respect of the individuals employed. The review also engaged directly with relevant Members to seek information in relation to the individuals involved.
As this matter has been the subject of questions and correspondence from a number of Members, I am today sharing the review report with all Members and this is attached for your information.
The review report considered matters relating to the employment of two individuals by a number of Members. Members can read the detail of the conclusions of the report, which includes an executive summary for ease of reference.
However, a key finding of the review is that it is likely that one of the individuals, Mr Michael McMonagle, misrepresented details of his employments to his employers during a three-month period from March 2020 to May 2020. While the review found no evidence to suggest that the recovery of staff costs associated with the employment of Mr McMonagle by the relevant Members was not in compliance with the Determination, the likely misrepresentation of his employments by Mr McMonagle may have resulted in a misuse of public money.
As Accounting Officer, under Managing Public Money Northern Ireland, I am required to report such matters to the Department of Finance and the Comptroller and Auditor General. I am also required, under the Assembly Commission's Fraud Prevention and Anti-Bribery Policy, to report such matters to the Police Service of Northern Ireland. These reports have been made.
I have also advised those Members to whom Mr McMonagle may have misrepresented details of his employments, and the party who employed Mr McMonagle, to consider any further steps that they should take in their role as employers in relation to this finding.
The review also identified a number of areas in which processes for recovering costs for Members' employees could be improved. Recognising that it is possible for Members' employees to legitimately carry out work for a political party, the recommendations made by the review include establishing clearer dividing lines where Members' employees wish also to carry out a party role. The recommendations include:
• Keeping records of, and completing regular declarations in relation to, any hours worked on party political activity by Members' employees.
• Including a provision prohibiting any significant party-political activity during hours of employment in contracts of employment for Members' employees.
• Providing details of Members' employees who hold other employment remunerated from public money.
• Revising job descriptions for Members' employees.
I am currently considering these recommendations and intend to introduce a number of new administrative measures to implement them. Where any changes are required to the Determination, I will be recommending these to the Assembly Commission.
The actions which I am taking as a result of the review have been decided solely by me, under my authority as Accounting Officer of the Assembly Commission. They have not been discussed, or agreed, with the Members of the Assembly Commission.
Yours sincerely
LESLEY HOGG
Clerk to the Assembly/Chief Executive
Enc.