Member News
By Ned Simons - 10th November 2010
Three Labour MPs charged with abusing their parliamentary expenses will face trials, after a court ruled their actions were not covered by parliamentary privilege.
Former Labour MPs David Chaytor, Elliot Morley and Jim Devine had appealed against an earlier ruling by the Court of Appeal that parliamentary privilege does not apply to expenses cases.
The three had argued that their fate should be decided by Parliament rather than the courts.
But this morning the Supreme Court in London upheld the earlier decision and they will all face trial at Southwark Crown Court.
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.
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 was particularly short, as he was deselected by the Labour Party and barred from standing again following the allegations about his expenses claims.
The former trade union official claimed he had been "hung out to dry" and had done nothing wrong.
He was recently forced to pay £35,000 in compensation to a former staff member after subjecting her to "bullying and harassment" during the expenses scandal.
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