Information relating to Volunteer Intern Agreements
Request
1. Any legal advice received by IPSA regarding the “Volunteer Intern Agreement” and its compatibility with the National Minimum Wage Act.2. Whether any legal advice was received by IPSA regarding the “Volunteer Intern Agreement” and its compatibility with the National Minimum Wage Act.3. The number of MPs using “Volunteer Intern Agreements” in 2012.4. The names of MPs using “Volunteer Intern Agreements” in 2012.5. The maximum length of “Volunteer Intern Agreements” allowed by IPSA6. Any advice provided by IPSA to MPs regarding the National Minimum Wage Act7. Any provision or steps that IPSA takes to avoid MPs exploiting interns under these agreements
Response
IPSA holds some of the information that you request.
Taking your requests in turn:
Any legal advice received by IPSA regarding the “Volunteer Intern Agreement” and its compatibility with the National Minimum Wage Act.
Whether any legal advice was received by IPSA regarding the “Volunteer Intern Agreement” and its compatibility with the National Minimum Wage Act.
IPSA received legal advice in 2010.
We are withholding this information under Section 42 (1) of the Freedom of Information Act which states that:
“Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.”
Section 42 of the FOIA provides an exemption for information that is protected by Legal Professional Privilege (LPP). For the purposes of the exemption, this covers communications between professional legal advisers and their clients, specifically for the purpose of obtaining legal advice, or documents created specifically for the purpose of litigation.
We have considered the public interest arguments, for and against release of the information you request.
After carefully considering the opposing public interest arguments in favour of engaging the exemption and in favour of releasing the information, there is, we believe, a strong and overriding public interest in maintaining the principle of legal professional privilege and, in turn, ensuring that the openness in communications between lawyers and clients is preserved and that the administration of justice is assured. We are, therefore, refusing this part of your request under section 42 of the FOIA.
The number of MPs using “Volunteer Intern Agreements” in 2012.
The names of MPs using “Volunteer Intern Agreements” in 2012.
Members of Parliament may register volunteers with IPSA for the purpose of claiming for incidental expenses such as lunch and travel to and from work. This may also include individuals undertaking work experience or student placements. Each of these individuals must complete a registration via the online expenses system and complete and send to IPSA a model volunteer intern agreement. That a volunteer is registered with IPSA does indicate that claims for incidental expenses have been submitted to IPSA.
In 2012, 183 MPs registered individuals using the Volunteer Intern Agreement. The names of those MPs are attached in Annex A.
The maximum length of “Volunteer Intern Agreements” allowed by IPSA
IPSA does not currently impose any maximum length on such agreements.
Any advice provided by IPSA to MPs regarding the National Minimum Wage Act
IPSA does not provide advice to MPs on their responsibilities as employers or engagers of volunteers. MPs are advised in the guidance to the MPs’ Scheme of Business Costs and Expenses (under paragraph 7.12) that volunteer agreements are only suitable for those who are not workers and so not entitled to the National Minimum Wage.
Any provision or steps that IPSA takes to avoid MPs exploiting interns under these agreements
IPSA does not monitor or control MPs’ use of volunteers. If a volunteer becomes a worker, he or she is entitled to the National Minimum Wage. This wage would be paid from the MP’s Staffing Expenditure budget, which is £137,200/year for non-London Area MPs and £144,000/year for London Area MPs.
Annex A
Diane Abbott
Peter Aldous
Rushanara Ali David Amess
Stuart Andrew
Ian Austin
Adrian Bailey
Norman Baker
Steve Baker
Harriett Baldwin
Gordon Banks
Gregory Barker
John Baron
Guto Bebb
Alan Beith
Henry Bellingham
Hilary Benn Jake Berry
Brian Binley
Bob Blackman
Roberta BlackmanWoods
Hazel Blears
David Blunkett
Nick Boles
Peter Bone
Ben Bradshaw
Graham Brady
Tom Brake
Julian Brazier
Kevin Brennan
Gordon Brown
Richard Burden Aidan Burley
Andy Burnham
Conor Burns
Paul Burstow
Lorely Burt
David Cameron
Jenny Chapman
Rehman Chishti
Geoffrey Clifton-Brown
Therese Coffey
Jeremy Corbyn
Stephen Crabb
Mary Creagh
Stella Creasy
Mike Crockart
Nick Dakin
Simon Danczuk
Geraint Davies
David Davis
Nick de Bois
Gloria De Piero
Caroline Dinenage
Jonathan Djanogly
Thomas Docherty
Jack Dromey
Michael Dugher Louise Ellman
Charlie Elphicke
Natascha Engel
Paul Farrelly
Lynne Featherstone
Mark Field
Robert Flello
Don Foster
George Freeman
Barry Gardiner
Mark Garnier
Andrew George
Stephen Gilbert
Sheila Gilmore
Pat Glass
Michael Gove
Richard Graham
Lilian Greenwood
Dominic Grieve
Nia Griffith
Andrew Griffiths
Ben Gummer
Robert Halfon
Duncan Hames
Matthew Hancock
Harriet Harman Mark Harper
Rebecca Harris
Simon Hart
Meg Hillier
Julie Hilling
Margaret Hodge
Sharon Hodgson
Adam Holloway
Martin Horwood
Simon Hughes Jeremy Hunt
Julian Huppert
Nick Hurd
Huw Irranca-Davies
Glenda Jackson
Margot James
Diana Johnson
Andrew Jones
Tessa Jowell
Barbara Keeley
Liz Kendall
Norman Lamb
David Lammy
Pauline Latham
Phillip Lee
Edward Leigh
Christopher Leslie
Brandon Lewis
Ian Liddell-Grainger
Stephen Lloyd
Jonathan Lord
Peter Luff
Mary MacLeod
Fiona Mactaggart
Seema Malhotra
Gordon Marsden Kerry McCarthy
Alison McGovern
Anne McGuire
Catherine McKinnell
Mark Menzies
Patrick Mercer
Maria Miller
Anne Milton
Andrew Mitchell
Michael Moore
Penny Mordaunt
Greg Mulholland
Paul Murphy
Ian Murray
Caroline Nokes
Guy Opperman
James Paice
John Penrose
Toby Perkins
Chris Pincher
Daniel Poulter John Pugh
Dominic Raab
Mark Reckless
Rachel Reeves
Jonathan Reynolds
Dan Rogerson
Frank Roy
Amber Rudd
Joan Ruddock
David Ruffley
David Rutley
Adrian Sanders
Anas Sarwar
Grant Shapps
Alok Sharma
Barry Sheerman
Andy Slaughter
Chloe Smith
Henry Smith
Jack Straw
Mel Stride
Graham Stuart
Gerry Sutcliffe Jo Swinson
Sarah Teather
Stephen Timms
Elizabeth Truss
Andrew Turner
Derek Twigg
Paul Uppal
Edward Vaizey Joan Walley
Robert Walter
David Ward
Chris White
Alan Whitehead
David Willetts
Hywel Williams
Stephen Williams
Jenny Willott
Rob Wilson
Nadhim Zahawi
Is this page helpful?
- Ref:
- F1314-024
- Disclosure:
- 4 June 2013
- Categories:
- MPs' STAFFING
- Exemptions Applied:
- Section 42