Formal Appeals on Members' Expenses

Published 08/04/2021   |   Last Updated 09/04/2024   |   Reading Time minutes

For the purpose of promoting certainty and consistency in the application of the Determination, the Members’ Business Support team must maintain and publish a record of any question referred to the Chief Executive and Clerk under paragraph 1.4.1 of the decision reached and of the reasons for the decision. The published record must, so far as possible, exclude any information disclosing the identity of the individual Member.

2023 / 24 Appeals

  1. The Chief Executive & Clerk receive an appeal against a decision to not allow funding for a claim that did not adhere to the Rules and Guidance on the use of Senedd Resources. The Chief Executive and Clerk upheld the decision to refuse funds for the claim.

2022/23 Appeals

  1. The Chief Executive & Clerk received an appeal against a decision to not allow funding for a claim that did not adhere to the Rules and Guidance on the use of Senedd Resources. 1.3.8 of the Determination states: ‘Members must seek to ensure that any expenditure incurred provides value for money to the taxpayer, represents the most sustainable and reasonable option available and does not have a negative effect on the reputation of the Senedd or its Members.’ The Chief Executive and Clerk upheld the decision to refuse funds for the claim.
  2. The Chief Executive & Clerk received an appeal against a decision not to allow funding for a claim due to the time which had transpired since the expense was incurred. Section 2.3.2 of the Determination states: ‘Members must ensure that the relevant claim form is completed accurately and submitted in good time to the Members’ Business Support team.’ The Chief Executive and Clerk upheld the decision to refuse funds for the claim.

2021/22 Appeals

There were no appeals in 2021/22

2020/21 Appeals

  1. The Chief Executive & Clerk received an appeal against a decision to not allow funding for use of a room to facilitate a team meeting. Section 1.3.8 of the Determination states: ‘Members must seek to ensure that any expenditure incurred provides value for money to the taxpayer, represents the most sustainable and reasonable option available and does not have a negative effect on the reputation of the Senedd or its Members.’ The Chief Executive & Clerk upheld the decision to refuse funds for this purpose.

  2. A group sought to use the Support for Political Parties underspend to fund a survey. The Chief Executive and Clerk upheld the appeal.

  3. The Chief Executive & Clerk received an appeal against a decision to not allow funding for changes to office signage. Section 1.3.8 of the Determination states: ‘Members must seek to ensure that any expenditure incurred provides value for money to the taxpayer, represents the most sustainable and reasonable option available and does not have a negative effect on the reputation of the Senedd or its Members.’ The Chief Executive & Clerk upheld the decision to refuse funds for this purpose.

  4. The Chief Executive & Clerk received an appeal against a decision not to allow funding for a claim due to the time which had transpired since the expense was incurred. Section 2.3.2 of the Determination states: ‘Members must ensure that the relevant claim form is completed accurately and submitted in good time to the Members’ Business Support team.’ Having considered further information about the reasons for the delay, the Chief Executive & Clerk upheld the appeal.

  5. The Chief Executive & Clerk received an appeal against a decision not to allow a staff secondment between a Member and a Senedd Party Group. The appeal was upheld.

  6. The Chief Executive & Clerk received an appeal against a decision not to allow funds from the Staffing Expenditure allowed to cover the cost of travel associated with foodbank deliveries. Paragraph 1.3.1 of the Determination states: ‘Claims must only be made for expenditure necessarily incurred in order to enable performance of the Member’s duties as a Member of the Senedd.’ The Chief Executive & Clerk upheld the decision to refuse funds for this purpose.

  7. A Group sought access to funds, from their Group allowance, for external legal advice for two issues. Firstly, advice was sought about a potential internship scheme aimed at BAME candidates. Secondly advice was sought about internal Group arrangements. Paragraph 8.1.1 of the Determination provides that the allowance is for parties to assist in the discharge of their work in the Senedd. It is payable only in respect of costs which are wholly, exclusively and necessarily for the purpose of discharging their duties as Members. The Chief Executive and Clerk did not consider that the two requests fell within the scope of paragraph 8.1.1 and the appeal was dismissed.

2019/20 Appeals

  1. The Chief Executive & Clerk received an appeal against a decision not to allow funding to purchase data relating to constituents. The Chief Executive & Clerk upheld the decision owing to concerns around compliance with data protection law.

  2. The Chief Executive & Clerk received an appeal against a decision not to allow funds from the Office Cost allowance to be used in the promotion of a video. Paragraph 1.3.1 of the Determination states: ‘Claims must only be made for expenditure necessarily incurred in order to enable performance of the Member’s duties as an Member of the Senedd.’ Additionally, paragraph 1.3.3 provides that ‘Allowances will be paid or reimbursed only where the expense relates to a Member carrying out the duties of an Member of the Senedd. Claims must not be made for expenditure relating to party political activity.The Chief Executive & Clerk upheld the decision to refuse to allow funds for this purpose. She formed the view that the video was too political in tone and did not, therefore, meet the requirements of the Determination.

  3. The Chief Executive & Clerk received an appeal against a decision not to allow expenses for travel to attend a meeting to obtain legal advice from an external legal adviser. The Chief Executive & Clerk upheld the decision on the basis that the reason for the meeting did not relate to Senedd business and, by implication, neither did the travel. Section 1.3.1 of the Determination states: “Claims must only be made for expenditure necessarily incurred in order to enable performance of the Member’s duties as an Member of the Senedd”

  4. A group sought to hire a room in an hotel in Cardiff for a group meeting. An appeal against refusal to allow the claim was rejected.

2018/19 Appeals

  1. ​The Chief Executive & Clerk received an appeal against a decision that travel and accommodation costs for Senedd Member Support Staff to attend a party conference which would enable them to support Members’ in engaging with stakeholders and in policy development work, could not be reimbursed. The Chief Executive & Clerk upheld the decision on the basis that work undertaken at the conference would be classed as party political activity therefore contravening section 1.3.3 in the Determination which states:“Allowances will be paid or reimbursed only where the expense relates to a Member carrying out duties of an Member of the Senedd. Claims must not be made for expenditure relating to party political activity."

2017/18 Appeals

  1. ​In December 2017, a Member appealed against a decision made regarding a claim for car hire. The original request was approved although a further claim was declined as approval had not been sought for the extended period, albeit the claim was for a legitimate reason. The appeal was considered and the Member was reimbursed for 50% of the costs because approval for car hire had been granted originally and the time period which it covered was not clear.

 

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