Main Known Fraudsters

Nus Ghani - Junior Rail Minister in the DfT (2018 - 19):-

Jul 15 2019 - HofC final debate – Ms Ghani misled parliament 15 times from Jan to Jul 2019 

• by repeatedly stating the current HS2 budget was £55.6bn, when asked directly about HS2 costs, failing to inform parliament of a £20bn - £30bn increase, which is lying by omission. 
   
• by repeatedly stating that the HS2 Benefit Cost Ratio was steady at 2.3:1 when she knew it was much lower (1.0 – 1.5), which is lying in fact.
   
• by stating that HS2 was on track when she knew it was delayed by 3 to 5 years 
   

The DfT has argued that at the time of the debate, ministers wished to continue to test whether remedial action could be taken to hold the existing budget & schedule. HS2 Ltd Board minutes & the NAO HS2 report, show that by the time of the HS2 phase 2a 3rd debate, the DfT had received the HS2 draft Stocktake & the IPA review, which both concluded that HS2 could not be achieved within the current budget. 

Ms Ghani has breached the Ministerial Code regarding openness, honesty & leadership.

Ms Ghani misled select committees & parliament a total of 5 times from Jan – July 2019 for the sole reason that MP’s would not become aware of the £20bn - £30bn cost increase & the 5 year delay before & during the HS2 phase 2a final debate.
 

Bernadette Kelly-  Civil Servant & the DfT PPM (2017 - ):-

May 15 2019 – Commons PAC Oral Evidence – Ms Kelly mislead the committee by stating the current HS2 budget, when asked directly about HS2 costs & failed to inform the committee of a known £7bn increase, which is lying by omission, when directly asked about HS2 delays, she failed to to inform the committee of a known 3 year delay & lied to parliament by stating that the HS2 Benefit Cost Ratio was solid at 2.3:1 as she had confirmed it was lower at 2.1:1, a month before in her HS2 Accounting Assessment 1 on Mar 8, which is lying in fact.

Ms Kelly has argued that commercially sensitive negotiations were continuing with contractors throughout this period, and internal policy options to make savings were under consideration – but minutes of the meeting with the SofS on Apr 3 2019 do not support that argument & there is no evidence of any negotiations with contractors, the Stocktake was started in Feb 2019 & materially finished in April 2019 & HS2 Ltd Board Minutes show that presentation of the Stocktake was the only option being pursued internally. Externally the NAO HS2 report shows that while several bodies looked for savings, none were found.
She also argued, 'I believe it would have been inappropriate for me to volunteer detailed information to the Committee, which questioning did not seek'. 
(Translation - 'you did not ask the right questions & to get the right answers, & I was not going to help you).

Ms Kelly misled select committees & parliament for the sole reason that MP’s would not become aware of the £20bn - £30bn cost increase & the 5 year delay before the HS2 phase 2a final debate. 

Ms Kelly has breached the Civil Service Code regarding integrity, honesty & objectivity.

HS2 Chairman Allan Cook (2018-21) & HS2 CEO Mark Thurston (2017-23) are public officials (HS2 Ltd is an executive non-departmental public body) :-

Dec 18 2018 – BBC Panorama - Mark Thurston lied to parliament & public when he stated on BBC Panorama was on budget, when he knew HS2 was delayed & over budget.

Mar 13 2019 - Transport Select Committee – Oral Evidence
Allan Cook lied to the committee when he stated that the HS2 Benefit Cost ratio was still 2.3:1, when he knew that it was lower at 2.1:1, which is lying in fact & he also lied to the Committee when he stated that the project was on schedule when he knew it was delayed by at least 3 years, which is lying in fact.

Jul 18 2019 – HS2 Annual Report - Allan Cook & Mark Thurston passed off the 2018-19 Annual Report, with no mention of the cost increase & delays in the Strategic Report. The annual report would have been written from April onwards & was not published until July 18th & the May board minutes confirm that the Stocktake was materially finished & as such AC & MT would be fully aware of the > £20bn cost increase & 5 – 7 year delay, however this was not reported in Strategic Report section of the Annual report, which is in breach of the Companies Act 2006 

Mr Cook & Mr Thurston misled parliament, select committees & public for the sole reason that MP’s would not become aware of the > £20bn - £30bn cost increase & the 5 year delay before the HS2 phase 2a debate. 

Mr Cook & Mr Thurston have breached the Civil Service Code regarding integrity, honesty & objectivity.

Potential Fraudsters

Theresa May - Ms May conducted a 3 week review of HS2 in 2016 and passed it off, would have seen Heywood & IPA reports.

Chris Grayling - Transport Sec, would have seen Heywood & IPA reports & headed Mar 2019 meeting with Allan Cook, so knew of cost increase.



Laws & Codes


It's easier to get thrown out of the House of Commons for calling someone a liar than for lying itself.


Misconduct in Public Office - Definition

The offence of Misconduct in Public Office is committed when a public officer acting as such, wilfully neglects to perform his duty and/or wilfully misconducts himself, to such a degree as to amount to an abuse of the public's trust in the office holder, without reasonable excuse or justification.
https://www.cps.gov.uk/legal-guidance/misconduct-public-office

Fraud Act 2006

The first question is whether a defendant’s behaviour would be regarded as dishonest by the ordinary standards of reasonable and honest people. 

If answered positively, the second question is whether the defendant was aware that his / her conduct was dishonest and would be regarded as dishonest by reasonable and honest people.

Section 3 makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information.

Section 4 makes it an offence to commit a fraud by dishonestly abusing one’s position. It applies in situations where the defendant has been put in a privileged position, and by virtue of this position is expected to safeguard another’s financial interests or not act against those interests. 

The term “abuse” is not limited by a definition, because it is intended to cover a wide range of conduct. Moreover subsection (2) makes clear that the offence can be committed by omission as well as by positive action.
https://www.legislation.gov.uk/ukpga/2006/35/notes
 

Breach of Parliamentary Privilege 

Each House also claims the right to punish contempt. These are actions which, while not necessarily breaches of any specific privilege, obstruct or impede it in the performance of its functions, or are offences against its authority or dignity.
https://erskinemay.parliament.uk/section/4570/what-constitutes-privilege/#:~:text=Some%20privileges%20rest%20solely%20on,have%20been%20defined%20by%20statute.&text=When%20any%20of%20these%20rights,the%20right%20to%20punish%20contempts.

Contempt of Parliament

Contempt is something that interferes with parliament or obstructs it, or a member of either House, from performing their duties. It is loosely defined, and parliament decides whether something is or is not contempt. It has in the past included criminal acts, misleading the House, financial misconduct, leaking parliamentary proceedings. It can also include obstruction, such as not obeying a direct command by the House.

https://www.instituteforgovernment.org.uk/explainer/contempt-parliament

Ministerial Code

a. The principle of collective responsibility applies to all Government Ministers;

b. Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies;

c. It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister

d. Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000 ;

e. Ministers should similarly require civil servants who give evidence before Parliamentary Committees on their behalf and under their direction to be as helpful as possible in providing accurate, truthful and full information in accordance with the duties and responsibilities of civil servants as set out in the Civil Service Code ;

https://www.gov.uk/government/publications/ministerial-code/ministerial-code

Civil Service Code

Standards of behaviour

Integrity

You must:

• fulfil your duties and obligations responsibly
• always act in a way that is professional and that deserves and retains the confidence of all those with whom you have dealings
• carry out your fiduciary obligations responsibly (that is make sure public money and other resources are used properly and efficiently)
• deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, to the best of your ability
• ensure you have Ministerial authorisation for any contact with the media
• keep accurate official records and handle information as openly as possible within the legal framework
• comply with the law and uphold the administration of justice

You must not:

• misuse your official position, for example by using information acquired in the course of your official duties to further your private interests or those of others
• accept gifts or hospitality or receive other benefits from anyone which might reasonably be seen to compromise your personal judgement or integrity
• disclose official information without authority (this duty continues to apply after you leave the Civil Service)

Honesty

You must:

• set out the facts and relevant issues truthfully, and correct any errors as soon as possible
• use resources only for the authorised public purposes for which they are provided

You must not:

• deceive or knowingly mislead ministers, Parliament or others
• be influenced by improper pressures from others or the prospect of personal gain

Objectivity

You must:

• provide information and advice, including advice to ministers, on the basis of the evidence, and accurately present the options and facts
• take decisions on the merits of the case
• take due account of expert and professional advice

You must not:

• ignore inconvenient facts or relevant considerations when providing advice or making decisions
• frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions

Impartiality

You must:

• carry out your responsibilities in a way that is fair, just and equitable and reflects the Civil Service commitment to equality and diversity

You must not:

• act in a way that unjustifiably favours or discriminates against particular individuals or interests

Political Impartiality

You must:

• serve the government, whatever its political persuasion, to the best of your ability in a way which maintains political impartiality and is in line with the requirements of this code, no matter what your own political beliefs are
• act in a way which deserves and retains the confidence of ministers, while at the same time ensuring that you will be able to establish the same relationship with those whom you may be required to serve in some future government
• comply with any restrictions that have been laid down on your political activities

You must not:

• act in a way that is determined by party political considerations, or use official resources for party political purposes
• allow your personal political views to determine any advice you give or your actions.
  
  
   https://www.gov.uk/government/publications/civil-service-code/the-civil-service-code

The Seven Principles of Public Life (Nolan Principles)

The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services. All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services.

1 Selflessness

Holders of public office should act solely in terms of the public interest.

2 Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3 Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4 Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5 Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

1.6 Honesty

Holders of public office should be truthful.

1.7 Leadership

Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.
https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2