Expenses MPs told: You can't use privilege to escape trial

12 April 2012

Three former Labour MPs and a Tory peer today lost their attempt to avoid standing trial for fiddling their expenses.

Three Appeal Court judges threw out a bid by David Chaytor, Elliot Morley, Jim Devine and Lord Hanningfield to hide behind parliamentary privilege.

The four, who claim only Parliament can judge them, have one last chance to avoid trial by taking their case to the Supreme Court.

They are on bail and due to face a judge and jury at Southwark crown court in separate hearings this year.

Today, Lord Chief Justice Lord Judge, sitting with Lord Neuberger and Sir Anthony May, said the trials should go ahead as planned.

"It can confidently be stated that parliamentary privilege or immunity from criminal prosecution has never, ever attached to ordinary criminal activities by Members of Parliament," said Lord Judge. "It is difficult to envisage circumstances in which the performance of the core responsibilities of a MP might require or permit him or her to commit crime."

The judge said: "The stark reality is that the defendants are alleged to have taken advantage of the allowances scheme designed to enable them to perform their important public duties as MPs to commit crimes of dishonesty to which parliamentary immunity or privilege does not, has never, and, we believe, never would attach.

"If the allegations are proved, and we emphasise, if they are proved, then those against whom they are proved will have committed ordinary crimes.

"Even stretching language to its limits, we are unable to envisage how dishonest claims by MPs for their expenses or allowances begin to involve the legislative or core functions of the relevant House...In our judgment, no question of privilege arises, and the ordinary process of the criminal justice system should take its normal course."

Accusations against the four - who have all been charged separately - include falsely claiming rent, falsely claiming interest on a mortgage, dishonest claims for travelling allowances and submitting false invoices.

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