You may wonder how that is so – after all Ed and Yvette got away with their fiddle. Yes they did, but only after arguing that their constituency home was their main residence. They claimed that they spent more time at the constituency home and therefore that was their primary residence, allowing them to claim expenses for their more expensive London home. That argument was accepted by the authorities.
Jacqui wants us to accept the opposite. That her main home is her sister’s London home where she lodges, so she can claim for her more expensive constituency home. She will have to show that she spends more time at the London flat than seeing her own kids. Crucially, is it three or is it four days a week that she spends away from her kids? The Balls’ argued successfully that in the recess and school holidays they spent the majority of the time away from London, it is hard to believe that Jacqui would stay in London when parliament is in recess and remain away from her family. Why would she do that when she was previously a whip? There would be no reason to stay away from her family and constituency.
That recent Balls precedent is going to be a difficult obstacle. However the Michael Trend precedent is even more worrying for Jacqui. In 2003 the Tory MP was found guilty of abusing the allowances system and ordered to repay £90,277, he was also suspended from parliament and stood down in disgrace at the following election. His crime was to claim the same allowance as Jacqui has when he was staying with a friend in London. Trend claimed he “believed that I could properly continue to designate London as ‘home’ for the purposes of ACA, even though, in domestic terms, Windsor had become my “main residence”.” This is apparently Jacqui’s position. It was not accepted. There was no doubt in the Standard’s Committee’s minds that there was no “real scope for doubt that the words “main residence” were intended to have other than their natural meaning.”
The Committee ruled that “Mr Trend should have recognised that, by claiming Additional Costs Allowance in relation to his Windsor home, the taxpayer was meeting some of the core running costs of what was in reality his main residence. He should have realised that this was wrong. Accordingly, we agree with the Commissioner that Mr Trend was negligent and has breached the Code of Conduct by making improper use of the Additional Costs Allowance and by failing strictly to observe the administrative rules relating to the Allowance.”
It is hard to see how, in these parallel circumstances, Jacqui Smith should not suffer the same fate. Ordered to repay the fiddled £116,000 and suspended from parliament. In which case she will have to resign as Home Secretary.