Is Galvin in breech of the rules?

If Mr Davies and others are right then there could be a clear case of breach of the rules by the internal auditor of the European parliament, Mr Robert Galvin.

It is Mr Galvin of course who wrote the report that I flagged up on Monday and has led the EU news ever since. The point is is that according to those who have read the report like Chris Davies there are strong suggestions that there are individual MEPs who have broken the law in reference to their secretarial allowance. So much so that he was talking about criminal prosecutions and calling for some MEPs being imprisoned, 'pour encourager les autres'.

the findings of the Parliament's internal auditors most definitely fall within OLAF's terms of reference. They are so serious that it should be assumed that criminal proceedings may follow.

But if Mr Davies allegations are correct, and the statement by the Parliament is also correct then Mr Galvin is in breach of the Staff Regulations of the EU. This is the statement of the Parliament in reference to the report as reported by Bruno Waterfield.

As the internal auditor's report has not revealed any individual cases of fraud, he has not recommended referring his findings to the EU anti-fraud agency OLAF. Had the auditor made such a recommendation, the Secretary General would, of course, have acted upon it.

In order for Mr Galvin to have completed his report, which was a systematic study, he must have looked at individual MEPs accounts. Therefore he would know about individual cases of corruption which Mr Davies claims exists.

Here is the passage from the Staff Regulations.

Article 22a (96)
1. Any official who, in the course of or in connection with the performance of his duties, becomes aware of facts which gives rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Communities, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of officials of the Communities shall without delay inform either his immediate superior or his Director-General or, if he considers it useful, the Secretary-General, or the persons in equivalent positions, or the European Anti-Fraud Office (OLAF) direct.

...This paragraph shall also apply in the event of serious failure to comply with a similar obligation on the part of a Member of an institution or any other person in the service of or carrying out work for an institution.

The report is being discussed at he Budgetary Control Committee on Tuesday, in camera of course. My question is if there are cases of serious malpractice verging or actually criminal, then has Mr Galvin informed Mr Rømer the Secretary General of the Parliament who penned the lines above? If so then the comment would be a lie. And Mr Rømer would be in breach of regulations. If not then Mr Galvin is in breech.

One or the other could be in very big trouble. My guess is it is Mr Rømer who is retiring in the next week or so and is thus probably demob happy.