INVESTIGATION: Jim Devine under fire for not passing on mileage claim
By Paul Hutcheon

A SENIOR Labour MP has been challenged by a member of his own staff over the thousands of pounds in mileage he claimed from the taxpayer.

Jim Devine, who has claimed a total of nearly £17,000 in "car" and "mileage" costs, said his office manager drove him around his constituency in her own vehicle and he repaid her costs in full.

But the office manager, Marion Kinley, told the Sunday Herald: "I received only £60."

A leaked email also shows that a Labour councillor accused Devine, the MP for Livingston, of expecting his staff to act as chauffeurs.

The news of Devine's expenses claim comes as MPs are under increasing pressure to explain their use of the taxpayer-funded allowances system for travel expenses and second homes.

Marion Kinley lodged a grievance against Devine last year after working for him since June 2006. In October, he suspended her on full pay. The Sunday Herald understands part of the row focuses on Devine's travel expenses.

Since September 2005, when Devine was elected, the parliamentary expenses register shows that he has claimed £17,380 in "car" and "mileage" costs. This can also cover taxi expenses.

The MP initially told the Sunday Herald he had not driven a car during this period because of a foot injury, and was on many occasions taken around Livingston by Kinley in her own vehicle. He later clarified this, saying the driving was split between himself, in a car rented from a trade union, and driving undertaken by Kinley.

As part of the dispute, Kinley is stating that Devine claimed mileage on her car registration over a period of nearly two years. However, despite the MP racking up a car and mileage bill of around £11,744 during her period of employment, Kinley claims only to have been paid £60 towards the cost of driving him around the constituency.

The UK parliament's "Green Book", which sets out the rules for MPs' expenses, makes it clear members are not allowed to keep expenses claimed for mileage incurred by a third party: "In some circumstances, we will also pay the mileage rate if you drive or are driven in a vehicle owned and maintained by someone else. You must undertake to pass this sum on to them."

Devine insisted to the Sunday Herald that he passed on the mileage expenses to Kinley in cash. But he said there are no records to support these payments.

The MP also said he claimed mileage when his son, or a "pal", drove him around Livingston.

The dispute is not the first time Devine has had staffing problems.

Neil Findlay, a councillor in West Lothian, quit working for Devine in November after a day in his office. In an email to the MP, the councillor said: "The way in which staff have been dealt with is nothing short of a disgrace. This is the diktat of the 18th century mill owner, not the actions of anyone who believes in the principles of the Labour and trade union movement.

"It appears you expect employees to be your chauffeur as well as fulfilling a whole host of other roles under the any other duties' catch-all phrase."

Findlay also noted: "I have no desire whatsoever to give up a professional teaching career only to become involved in what can only be described as a bizarre nightmare situation.

"If this were reported to the constituency party or the Labour Party HQ then I am sure there would be serious consequences. And given time this will inevitably reach the press. Not good in the run-up to an election."

After being told that Devine was insisting she had been given the mileage costs, Kinley released a statement: "Unfortunately I am unable to give detailed comment about my employment with Mr Devine, as I am still an employee, and as such I am bound by a confidentiality clause.

"But I have received tremendous support from trade union Unite and Thomsons solicitors who are representing me in negotiations with Mr Devine and the House of Commons in respect of a compromise agreement, which was instigated by Mr Devine.

"The House of Commons will verify that all mileage claims were paid direct into Mr Devine's account, and I received only £60 from June 1, 2006 to March 31, 2008."