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A Guest post by Matt Wardman.

Sir Thomas Legg, who has reported into the last 5 years of MP’s Expense claims at Gordon Brown’s request, has written to a large number of MPs, with three potential courses of action:

1. Pay back monies which Sir Thomas Legg feels have been claimed improperly.
2. MPs requested to supply him with further information.
3. No further action required.

According to the Telegraph, MPs are threatening to defy orders to repay the taxpayer over questionable expenses claims – with possible legal action by MPs who think that the “rules” have been effectively redefined after the fact by Sir Thomas.

The Telegraph suggests that he has applied a “reasonableness test” to items such as excessive bills for cleaning or gardening, even where they were approved by the fees office, and that Lord Mandelbrot is not very happy about Sir Thomas’ actions.

MP’s Expenses have become a lightening conductor and icon for a disfunctional system of political representation, and have directed the spotlight onto the governance of our Parliament and political process.

We have seen some welcome moves towards making a start in beginning to consider a more representative political system (yes – I think it is that nebulous), and we have seen a lot of brave words which have yet to be matched by deeds.

But what about MPs and their Expenses?

I’m returning to the principle I first posted in February 2008, as part of our “House Rules for MPs” report.

I’d like to see the arrangents for politicians be as close as possible to those experienced by the normal population. I see that as a way to bring more sanity into some aspects of the ordinary system, as well as making our politicians more transparent as a route to restored confidence.

And also to the fundamental principle which has always been in place in the “Green Book” Guide to Parliamentary Allowances. This is the 1971 version:

The Additional Costs Allowance reimburses “for expenses wholly, exclusively and necessarily incurred when staying overnight away from their main UK residence…for the purposes of performing Parliamentary duties. This excludes expenses that have been incurred for purely personal or political purposes.”

And this is the 2009 text:

Members are cautioned against instances “where they may appear to be vulnerable to criticism or accusations of impropriety.” It also reminds MPs that their conduct should be placed concepts of “selflessness, integrity, objectivity, accountability, openness, honesty, leadership.”

My view of the Legg measures

The strongest proposals in the Legg measures are for repayment of some expenses’ claims.

It seems to me that the basic principles above justify a requirement for full restitution, and that the intentions of those making the claims, and incompetence, collusion, or even corruption in the Parliamentary administration, are not especially relevant.

For a principle of “treat MPs like the rest of us”, then we need to remember that if I make a mistake (or a “mistake”) in my own Expenses, error, misunderstanding or bad advice is no excuse, and the monies must be repaid with the likely addition of interest and a penalty.

I think that these measures should be applied. Equally, if in law the “reasonableness” test applied by Sir Thomas Legg is not valid, then this test should be set aside.

For the sake of our politics this needs to be pursued straight down the line, all the way.

And then we have to get on to everything from the Westminster-bubble Gold-Plated Parliamentary pension scheme, to the 6-12 months salary received for MPs “declared redundant” by their Electorate, and allowances in the House of Lords, and all the rest.

This is just the first step on a long road. Gird your loins.

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