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| Outrage feared over MPs' defence | |
| (30 minutes later) | |
| Politicians have urged the MPs facing charges over their expense claims not to use Parliamentary privilege to try to avoid court proceedings. | Politicians have urged the MPs facing charges over their expense claims not to use Parliamentary privilege to try to avoid court proceedings. |
| Lawyers for Labour MPs Elliot Morley, David Chaytor and Jim Devine have raised the issue of privilege. | |
| Lib Dem leader Nick Clegg said the public would be outraged by the use of the principle - which normally protects MPs from civil actions. | |
| The three MPs all deny charges which they face under the Theft Act. | |
| So does a fourth politician who faces charges - the Tory peer Lord Hanningfield. | |
| The politicians face charges of false accounting under section 17 of the Theft Act 1968. If found guilty they face a maximum sentence of seven years' imprisonment. | The politicians face charges of false accounting under section 17 of the Theft Act 1968. If found guilty they face a maximum sentence of seven years' imprisonment. |
| Privilege defence | Privilege defence |
| In a joint statement, the three Labour MPs, who have been barred from standing as Labour candidates in the general election, said: "We totally refute any charges that we have committed an offence and we will defend our position robustly. | In a joint statement, the three Labour MPs, who have been barred from standing as Labour candidates in the general election, said: "We totally refute any charges that we have committed an offence and we will defend our position robustly. |
| Already they (the public) feel cynicism about politicians - saying there's one law for MPs and one law for the rest of us Paul Flynn MP Q&A: Parliamentary privilege Devine 'devastated' by charges Charged leader of council resigns | Already they (the public) feel cynicism about politicians - saying there's one law for MPs and one law for the rest of us Paul Flynn MP Q&A: Parliamentary privilege Devine 'devastated' by charges Charged leader of council resigns |
| "We maintain that this is an issue that should be resolved by the parliamentary commissioner who is there to enforce any breach of the rules." | "We maintain that this is an issue that should be resolved by the parliamentary commissioner who is there to enforce any breach of the rules." |
| It is understood their lawyers might claim their expenses are covered by Parliamentary privilege, which traditionally protects MPs from being sued for what they say in the Commons. | It is understood their lawyers might claim their expenses are covered by Parliamentary privilege, which traditionally protects MPs from being sued for what they say in the Commons. |
| Announcing the decision to press charges on Friday, the Director of Public Prosecutions Keir Starmer addressed the issue of Parliamentary privilege. | Announcing the decision to press charges on Friday, the Director of Public Prosecutions Keir Starmer addressed the issue of Parliamentary privilege. |
| "Lawyers representing those who have been charged have raised with us the question of Parliamentary privilege," he said. | "Lawyers representing those who have been charged have raised with us the question of Parliamentary privilege," he said. |
| CPS CHARGES LAID Elliot Morley - two charges over £30,000 of mortgage interest claims David Chaytor - accused of dishonestly claiming £1,950 for IT services and also £18,000 in rent Jim Devine - accused of claiming £3,240 for cleaning services and £5,505 for stationery Lord Hanningfield - faces six charges of dishonestly submitting expense claims CPS charges in full Profile: The four facing charges | CPS CHARGES LAID Elliot Morley - two charges over £30,000 of mortgage interest claims David Chaytor - accused of dishonestly claiming £1,950 for IT services and also £18,000 in rent Jim Devine - accused of claiming £3,240 for cleaning services and £5,505 for stationery Lord Hanningfield - faces six charges of dishonestly submitting expense claims CPS charges in full Profile: The four facing charges |
| "We have considered that question and concluded that the applicability and extent of any Parliamentary privilege claimed should be tested in court." | "We have considered that question and concluded that the applicability and extent of any Parliamentary privilege claimed should be tested in court." |
| Liberal Democrat leader Nick Clegg said the public would be "appalled" if the MPs invoked a right going back to 1689. | Liberal Democrat leader Nick Clegg said the public would be "appalled" if the MPs invoked a right going back to 1689. |
| "Lawmakers should not be above the law," he added. | "Lawmakers should not be above the law," he added. |
| Paul Flynn, Labour MP for Newport West, appealed to his three colleagues to ignore the lawyers' argument about Parliamentary privilege. | Paul Flynn, Labour MP for Newport West, appealed to his three colleagues to ignore the lawyers' argument about Parliamentary privilege. |
| He said it was never intended to give politicians "impunity" from criminal charges and if used it would "deepen and prolong" the expenses scandal which had gripped Westminster. | He said it was never intended to give politicians "impunity" from criminal charges and if used it would "deepen and prolong" the expenses scandal which had gripped Westminster. |
| "There may be a technical argument about this but it is one that will be treated with contempt by the majority of the people of the country," he told the BBC. | "There may be a technical argument about this but it is one that will be treated with contempt by the majority of the people of the country," he told the BBC. |
| "Already they feel cynicism about politicians - saying there's one law for MPs and one law for the rest of us." | "Already they feel cynicism about politicians - saying there's one law for MPs and one law for the rest of us." |
| The Hansard Society, a leading political research and education charity, said any attempts to use parliamentary privilege in these circumstances would be a "deeply damaging" strategy. | The Hansard Society, a leading political research and education charity, said any attempts to use parliamentary privilege in these circumstances would be a "deeply damaging" strategy. |
| Dr Ruth Fox, from the charity, said: "If it is a defence against almost any action that an MP takes in parliament, in any relationship with their work, then I think that is going to be deeply damaging for the public. | Dr Ruth Fox, from the charity, said: "If it is a defence against almost any action that an MP takes in parliament, in any relationship with their work, then I think that is going to be deeply damaging for the public. |
| "They will see that it is putting MPs above the public, given them enhanced powers, making them essentially above the laws that they themselves make." | "They will see that it is putting MPs above the public, given them enhanced powers, making them essentially above the laws that they themselves make." |
| 'Vigorous' defence | 'Vigorous' defence |
| The charges were announced by Mr Starmer following a nine-month police investigation, which was triggered after details of all MPs' expenses claims were leaked to a national newspaper. | The charges were announced by Mr Starmer following a nine-month police investigation, which was triggered after details of all MPs' expenses claims were leaked to a national newspaper. |
| Another case remains under investigation but police said in a sixth case - that of Labour peer Lord Clarke - there was "insufficient evidence to provide a realistic prospect of a conviction". | Another case remains under investigation but police said in a sixth case - that of Labour peer Lord Clarke - there was "insufficient evidence to provide a realistic prospect of a conviction". |
| Keir Starmer said defence lawyers had raised parliamentary privilege | Keir Starmer said defence lawyers had raised parliamentary privilege |
| The four men will not be arrested but will be sent a summons to turn up on 11 March at City of Westminster magistrates court, a short walk from the Houses of Parliament. | The four men will not be arrested but will be sent a summons to turn up on 11 March at City of Westminster magistrates court, a short walk from the Houses of Parliament. |
| Former minister Elliot Morley, MP for Scunthorpe, faces charges relating to a total of £30,000 of mortgage claims which, it is alleged, were "in excess of that to which he was entitled" and covered a period when there was no mortgage on the property. | Former minister Elliot Morley, MP for Scunthorpe, faces charges relating to a total of £30,000 of mortgage claims which, it is alleged, were "in excess of that to which he was entitled" and covered a period when there was no mortgage on the property. |
| David Chaytor, MP for Bury North, is accused of "dishonestly claiming" £1,950 for IT services and further sums of £12, 925 and £5,425 relating to rent on properties which he and his mother allegedly owned. | David Chaytor, MP for Bury North, is accused of "dishonestly claiming" £1,950 for IT services and further sums of £12, 925 and £5,425 relating to rent on properties which he and his mother allegedly owned. |
| Livingston MP Jim Devine is accused of "dishonestly claiming" money for cleaning services and for stationery using false invoices. | Livingston MP Jim Devine is accused of "dishonestly claiming" money for cleaning services and for stationery using false invoices. |
| Paul White - the Conservative peer Lord Hanningfield and leader of Essex County Council - is accused of dishonestly submitting claims "for expenses to which he knew he was not entitled" - including overnight stays in London. | Paul White - the Conservative peer Lord Hanningfield and leader of Essex County Council - is accused of dishonestly submitting claims "for expenses to which he knew he was not entitled" - including overnight stays in London. |
| He stepped down as council leader on Friday and as a Tory frontbench spokesman. | He stepped down as council leader on Friday and as a Tory frontbench spokesman. |
| He denies the charges and says he will "vigorously" defend himself. | He denies the charges and says he will "vigorously" defend himself. |
| Another fall-out from the expenses scandal was announced on Thursday when 372 MPs were asked to pay back £1.1m as a result of an audit of their claims by Sir Thomas Legg. | Another fall-out from the expenses scandal was announced on Thursday when 372 MPs were asked to pay back £1.1m as a result of an audit of their claims by Sir Thomas Legg. |