James Devine (born 21 May 1953)
[ is a former Labour Party politician in ]Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
. He was the Member of Parliament (MP) for Livingston from 2005
2005 was designated as the International Year for Sport and Physical Education and the International Year of Microcredit. The beginning of 2005 also marked the end of the International Decade of the World's Indigenous Peoples, Internationa ...
until 2010
The year saw a multitude of natural and environmental disasters such as the 2010 Haiti earthquake, the Deepwater Horizon oil spill, and the 2010 Chile earthquake. The 2009 swine flu pandemic, swine flu pandemic which began the previous year ...
and chairman of the Scottish Labour Party
Scottish Labour (), is the part of the UK Labour Party active in Scotland. Ideologically social democratic and unionist, it holds 23 of 129 seats in the Scottish Parliament and 37 of 57 Scottish seats in the House of Commons. It is repres ...
between 1994 and 1995.
On 16 June 2009, following the 2009 expenses scandal, he was barred by the Labour Party from seeking re-election at the 2010 general election, after reports he claimed expenses for work on his home from a non-existent firm. He was convicted of false accounting on 10 February 2011 and sentenced to 16 months' imprisonment on 31 March 2011.
Early life
Devine was born and brought up in Blackburn, West Lothian[ and was educated in ]Bathgate
Bathgate ( or , ) is a town in West Lothian, Scotland, west of Livingston, Scotland, Livingston and adjacent to the M8 motorway (Scotland), M8 motorway. Nearby towns are Linlithgow, Livingston, and West Calder. A number of villages fall under ...
. He served as the election agent for Livingston Constituency Labour Party and the local MP Robin Cook from the 1983 general election until Cook died in 2005. From 1994 to 1995 he was the chairman of the Scottish Labour Party
Scottish Labour (), is the part of the UK Labour Party active in Scotland. Ideologically social democratic and unionist, it holds 23 of 129 seats in the Scottish Parliament and 37 of 57 Scottish seats in the House of Commons. It is repres ...
.[
Prior to his election, Devine worked as a full-time trade union official for the Confederation of Health Service Employees (COHSE) and then as Head of Health in the Scottish Region of the public sector union after ]UNISON
Unison (stylised as UNISON) is a Great Britain, British trade union. Along with Unite the Union, Unite, Unison is one of the two largest trade unions in the United Kingdom, with over 1.2 million members who work predominantly in public servic ...
was formed in 1993. Before becoming a trade union official Devine was a mental health nurse
A mental health nurse (MHN) refers to a nurse in the UK, who specializes in the care of patients with mental health issues. The practice of MHNs is called mental health nursing.
Background
MHNs comprise approximately 12% of the total NHS Nursin ...
, having trained and worked at Bangour Village Hospital in Dechmont.
Parliamentary career
He was selected to succeed Robin Cook as the Labour Party candidate in the ensuing 2005 Livingston by-election following Cook's sudden death. He won, defeating his SNP rival though Labour's majority was reduced by more than 10,000 votes. He made his maiden speech in the House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
on 25 October 2005.
He served as the parliamentary private secretary to the Health
Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...
Minister Rosie Winterton until he resigned in protest at the decision to replace Trident. He was also a member of the Science and Technology as well as the Scottish Affairs Select Committee
The Scottish Affairs Select Committee is a Select committee (United Kingdom), select committee of the House of Commons of the United Kingdom, House of Commons in the Parliament of the United Kingdom. The remit of the committee is to examine the ...
s.
In October 2010, Devine's former office manager Marion Kinley won a complaint of unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Situation per country
Australia
Australia has long-standing protection for employees in relation to ...
and breach of contract against him. An employment tribunal ruled that Devine had subjected Kinley to "a course of bullying and harassment". During the hearing, Devine was accused of perpetrating a hoax suggesting that newspapers were investigating the two of them. He was said to have used a friend, Fiona Fox, to pose as an investigative journalist. Compensation of £35,000 was ordered to be paid.
On Devine's failure to pay the compensation of £35,000, bankruptcy proceedings were instituted against him and he was adjudicated bankrupt on 23 February 2011.[
]
MPs' expenses
On 2 June 2009, Devine was referred to the Labour Party's 'star committee' with a status of 'urgent' in connection with allegations involving expense claims submitted for a company that never existed. He had gained the backing of his local party members a week prior to the hearing, but the panel unanimously recommended he should be deselected. He was thereafter barred from standing as a candidate for the Labour Party in the next UK general election.
Prosecution and conviction
On 5 February 2010 it was announced that Devine was to be prosecuted over his expense claims. The former Livingston MP initially faced two charges under section 17 of the Theft Act 1968 of false accounting. The first charge alleged that between July 2008 and April 2009 Devine dishonestly claimed £3,240 for cleaning services using false invoices. The second charge alleged that in March 2009 Devine dishonestly claimed £5,505 for stationery using false invoices. He denied the charges, though in a live Channel 4
Channel 4 is a British free-to-air public broadcast television channel owned and operated by Channel Four Television Corporation. It is state-owned enterprise, publicly owned but, unlike the BBC, it receives no public funding and is funded en ...
interview when questioned: "So you got a receipt from somebody you were paying as a member of staff, and submitted it as stationery?" by journalist Krishnan Guru-Murthy
Krishnan Guru-Murthy (born 5 April 1970) is a British journalist. He is the lead presenter of ''Channel 4 News''. He also presents ''Unreported World'', a foreign-affairs documentary series.
Early life
Guru-Murthy's father, an Indian consulta ...
, Devine replied: "Yes. This was allowed at the time."
On 27 May 2010 Devine, Elliot Morley, David Chaytor and Lord Hanningfield (Paul White) appeared at Southwark Crown Court for a preliminary hearing. They faced charges of false accounting under the Theft Act.
Devine's trial began on 2 February 2011. The indictment he faced ultimately included three counts of false accounting under the Theft Act 1968. On 10 February 2011 he was found guilty on two counts of false accounting (relating to false claims for a total of £8,385) but not guilty on another count (relating to £360). Sentencing was adjourned for four weeks. On 31 March 2011 Devine was sentenced to 16 months imprisonment. He was released from prison on 1 August 2011 after serving a quarter of his sentence. He was freed under the home detention curfew scheme, under which prisoners who are deemed to pose a low risk are tagged and released early after serving at least a quarter of their sentence. His release was met with anger from groups including the TaxPayers' Alliance.
As a result of his conviction and sentence, Devine was automatically expelled from the Labour Party.
Personal life
Devine used to live in Blackburn, West Lothian. He is divorced from his wife Liz, and has a daughter and a son.
In 2005, Devine admitted to a number of affairs and a conviction for drink driving. After his release from prison, Devine moved to Killarney
Killarney ( ; , meaning 'church of sloes') is a town in County Kerry, southwestern Republic of Ireland, Ireland. The town is on the northeastern shore of Lough Leane, part of Killarney National Park, and is home to St Mary's Cathedral, Killar ...
, Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
to start a new life.
See also
Other Members of Parliament found guilty of fraud during the 2009 expenses scandal:
* David Chaytor – Labour MP for Bury North from 1997 to 2010
* Eric Illsley – Labour MP for Barnsley Central from 1987 to 2011
* Denis MacShane – Labour MP for Rotherham from 1994 to 2012
* Margaret Moran – Labour MP for Luton South from 1997 to 2010
* Elliot Morley – Labour MP for Glanford and Scunthorpe from 1987 to 1997 and then Scunthorpe from 1997 to 2010
References
External links
BBC News – Cook's agent to stand in election
{{DEFAULTSORT:Devine, Jim
1953 births
Living people
Members of the Parliament of the United Kingdom for Scottish constituencies
People from Blackburn, West Lothian
Politics of West Lothian
Scottish Labour MPs
Scottish nurses
Scottish Roman Catholics
Scottish trade unionists
UK MPs 2005–2010
Scottish fraudsters
Scottish politicians convicted of crimes
Prisoners and detainees of England and Wales
Scottish prisoners and detainees
British politicians convicted of fraud
Independent members of the House of Commons of the United Kingdom
21st-century Scottish criminals