Parliamentary Watchdog closes investigation into David Warburton 48 hours after judge declares its investigation “materially flawed”
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The Parliamentary watchdog has confirmed that all allegations in
the case against former MP David Warburton have been withdrawn and
all investigations have been closed. The Independent Expert Panel
(IEP) overturned the judgments of both the Parliamentary
Commissioner for Standards and the Independent Complaints and
Grievances Scheme (ICGS), ruling that “the allegation that the
complaint was fabricated” should be investigated by the
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The Parliamentary watchdog has confirmed that all allegations in the case against former MP David Warburton have been withdrawn and all investigations have been closed. The Independent Expert Panel (IEP) overturned the judgments of both the Parliamentary Commissioner for Standards and the Independent Complaints and Grievances Scheme (ICGS), ruling that “the allegation that the complaint was fabricated” should be investigated by the parliamentary investigative authorities, prompting the claimant to withdraw all allegations against the former MP. As a result, just 48 hours after former Lord Justice of Appeal Sir Stephen Irwin described the parliamentary watchdog’s investigation as “inadequate”, as having “omitted evidence” [1], and upholding the appeal that it was “materially flawed” and “procedurally flawed”, the 15-month long investigation was closed by the ICGS. The ICGS confirmed in writing to Mr Warburton that “we consider the matter closed” and that “the complainant has withdrawn her complaint.” David Warburton today confirmed that the reason he stepped down as an MP was “in order to speak out about the appalling injustice I have experienced”. He said that he is “relieved that this shocking and unutterably damaging process is now finally over and pleased finally to be vindicated” but that “If we take our democracy seriously, we shouldn’t have parliamentary processes that are so flawed and one sided.” He has called for a “complete overhaul…of the dreadful and abusive system whereby a person is assumed guilty until proven innocent…” The Independent Expert Panel[2] (IEP) concluded on 4th July that former MP David Warburton’s case “had not been properly assessed” by the Parliamentary Commissioner, that the investigation was both “inadequate” and “materially flawed”, and that the Parliamentary Commissioner had “omitted evidence”. The IEP, chaired by former Lord Justice of Appeal Sir Stephen Irwin, also ruled that the ICGS had “failed properly to pursue” the evidence the MP provided that “the complainant had colluded with witnesses to fabricate the complaint against him”. Just 48 hours after the IEP announced publicly on July 4th that it had instructed the ICGS to “reinvestigate” the case, the Parliamentary watchdog, the Independent Complaints and Grievances Scheme (ICGS), confirmed in writing to Mr Warburton that all allegations against him were being dropped. As a result the investigation is closed. The ICGS email of 6th July reads as follows: "I can confirm that the complainant has withdrawn her complaint and there will be no re-investigation.... we consider the matter closed." David Warburton said: “I know it’s extremely rare for the Independent Expert Panel to fully uphold an appeal by an MP. I’m, of course, delighted but the past year has been extraordinarily painful for my family and for me, and the personal cost has been incalculable. As a result – and in order to speak out about the appalling injustice I have experienced - I have had to step down as an MP. “The stories about me first published across the media last April were false, malicious and fabricated. The legal experts in the IEP panel described the parliamentary investigation I was subjected to as ‘materially flawed’, ‘inadequate’ and ruled that it should have examined evidence that the complainant ‘colluded with witnesses to fabricate the complaint.’ If we take our democracy seriously, we shouldn’t have parliamentary processes that are so flawed and one sided. “I’m relieved that this shocking and unutterably damaging process is now finally over and pleased finally to be vindicated, but the ICGS and parliamentary process has left deep scars and if we want people to want to come into public service, these processes need a complete overhaul - not just of its processes but of the dreadful and abusive system whereby a person is assumed guilty until proven innocent, their career and their life left in tatters.” The IEP declared that “reinvestigation remains both necessary and proportionate”. However, immediately following the IEP ruling that “the allegation that the complaint was fabricated… [is a question] for the new investigation”, the claimant withdrew all allegations against the former MP, declining to have them reinvestigated. The collapse of these claims against Mr Warburton means that, of the three long investigations he has faced over the past 15 months, the first was concluded and cleared, the second was closed with all claims dismissed, and the last has now been dropped with all allegations withdrawn. He is no longer subject to any investigation. In addition, the IEP ruled that the Commissioner’s “reasoning was not sufficient to explain how he had reached his conclusions” and that he had also “failed fully to consider whether the complainant’s breach of confidentiality at the beginning of the process, and her denial of it, affected her credibility”. ENDS Notes to editors: Background and timeline (not for quoting):
[1] IEP Appeal panel: a former High Court Judge and Lord Justice of Appeal, member of the Privy Council and deputy Lord Justice of Appeal; a barrister and Northern Ireland Commissioner for the Criminal Cases Review Commission; and the Chief Ombudsman and Chief Executive of Ombudsman Services and former CEO of the Scottish Legal Complaints Commission. |