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The three ex-MPs and peer charged with abusing their expense claims have lost their appeal against a ruling that they are not protected from prosecution by parliamentary privilege.
Labour MPs David Chaytor, Elliot Morley and Jim Devine along with Tory peer Lord Hanningfield had argued that rather than being tried in a court they should be dealt with by Parliament.
Their appeal was rejected by Court of Appeal judges in London today. The four now face criminal prosecution in the courts under the Theft Act 1968, charged with false accounting related to their parliamentary expense claims.
In a ruling last month, Justice Saunders said he could see "no logical, practical or moral justification" for a claim for expenses being covered by privilege.
Under parliamentary privilege proceedings in parliament cannot be impeached or questioned in the courts and MPs cannot be sued or prosecuted for anything they say or do in the House or a committee.
However, the protection of privilege applies only to "proceedings" in Parliament.
The three ex-MPs stand accused of theft by false accounting under section 17 of the Theft Act 1968, a crime that carries a maximum penalty of seven years imprisonment.
While Lord Hanningfield is accused of issuing "numerous claims" for overnight expenses for staying in London, when records appear to show he was driven home and did not sleep in the capital.
All four deny the charges against them.
Details of the charges
Elliot Morley faces two charges under the act.
He stands accused of dishonestly claiming mortgage expenses worth £14,428 in excess of what he was entitled, between April 2004 and February 2006.
It is also alleged he claimed £16,000 in mortgage costs for the same property between March 2006 and November 2007 when there was no longer a mortgage to be paid.
The former Yorkshire and Humberside MP served the Blair government as a minister in the various environment departments for nine years from 1997 until 2005.
David Chaytor faces three charges. He is accused of claiming £12,925 in rent for a property in Regency Street between September 2005 and September 2006, when he was in fact the owner.
And it is alleged he claimed £5,425 between September 2007 and January 2008 for renting a property owned by his mother.
He is also accused of claiming for £1,950 for IT services in May 2006 by using false invoices.
Jim Devine stands accused of claiming £3,240 for cleaning services between July 2008 and April 2009 and £5,505 for stationary in March 2009 using false invoices.
Devine had been Robin Cook's election agent for twenty years, and succeeded the former Foreign Secretary as MP for Livingstone in 2005 following Cook's death.
But his time as an MP will have been particularly short, as he was deselected by the Labour Party and barred from standing again after allegations about his expenses claims.
The former trade union official claimed he had been "hung out to dry" and had done nothing wrong.
He had threatened to resign and force a by-election or stand as an independent at the next general election.
Lord Hanningfield faces six charges. The Conservative peer issued "numerous claims" for overnight expenses for staying in London, when records appear to show he was driven home and did not sleep in the capital.
Article Comments
Make an example of them to show that nobody, except the Queen, is above the law. In fact, the MPs should be an example to the rest of us, and, like Caesar's wife, above suspicion.
Alan Bailey
30th Jul 2010 at 4:43 pm
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