Expenses MPs can appeal to Supreme Court

The three former Labour MPs charged with theft by false accounting in the wake of the expenses scandal can appeal directly to the Supreme Court, it was decided this morning.

The Court of Appeal ruled last month that parliamentary privilege does not extend to criminal proceedings against members of parliament charged with making fraudulent expenses' claims.

This morning the Lord Chief Justice, Lord Judge, refused Jim Devine, David Chaytor and Elliot Morley leave to appeal. Lord Neuberger, the Master of the Rolls, and Sir Anthony May, president of the Queen's Bench Division, contributed to the ruling, but were not physically present.

However, the court certified a point of law, allowing the Supreme Court to consider the questions of whether the Crown Court is deprived of its jurisdiction to hear the case by article 9 of the Bill of Rights 1688 or by the exclusive jurisdiction of parliament.

Lord Judge said the Supreme Court had already pencilled in a date for the hearing, likely to be before nine justices '“ 18 October.

Conservative peer Lord Hanningfield, who was charged along with the three MPs, did not seek leave to appeal. Unlike the others, he is not receiving legal aid (see solicitorsjournal.com, 14 April 2010).

In a further blow for the MPs, the appeal judges decided that they would no longer receive legal aid for three separate counsel, because there were no conflicts of interest.

Rakesh Bhasin, partner at Steel & Shamash and solicitor for the three MPs, said his clients would "probably" petition the Supreme Court.

"We're going to have to the work to the timetable we're given," he said.
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Bhasin said no decision had been taken on which barristers would be chosen for the Supreme Court. Gavin Millar QC acted for Jim Devine, Nigel Pleming QC for David Chaytor and Edward Fitzgerald QC for Elliot Morley.

There was no written judgment following the hearing today, which lasted only ten minutes. The original decision that the men were not protected by parliamentary privilege was made at Southwark Crown Court.