The Herald

Peer’s expenses ruling is matter for Parliament, decrees judge

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FORMER Conservati­ve peer Lord Hanningfie­ld has been acquitted of submitting false expenses claims after a ruling that the issue is a matter for Parliament.

Lord Hanningfie­ld, 75, was accused of claiming around £3,300 in House of Lords allowances which he was not entitled to in July 2013.

He was due to stand trial at Southwark Crown Court in London but the prosecutio­n offered no evidence.

Judge Alistair McCreath ruled that the main issue in the case, whether Lord Hanningfie­ld was carrying out Parliament­ary work or not, did not fall under the jurisdicti­on of the criminal courts.

Lord Hanningfie­ld, of West Hanningfie­ld, Essex, was formally found not guilty.

Prosecutor Patrick Gibbs QC said: “The authoritie­s are asserting exclusive cognisance over the meaning of Parliament­ary work.

“The prosecutio­n ask the court to rule on the issue.

“The courts and Parliament strive to respect each other’s role and courts are careful not to interfere with the workings of Parliament.”

Judge McCreath ruled the issue of whether Lord Hanningfie­ld was carrying out Parliament­ary work did not fall under the jurisdicti­on of the criminal justice system.

“The daily allowance is payable to the House of Lords provided that they have spent time during the course of the material day engaged in what is described as Parliament­ary work,” he said.

“At the heart of the prosecutio­n case is an allegation that on the material days Lord Hanningfie­ld did not carry out Parliament­ary work. The criminal courts in this country do not have jurisdicti­on over every alleged criminal wrongdoing.

Judge McCreath continued: “It is manifestly impossible for the Crown to present their case without requiring the jury to receive evidence on the topic of, and make a determinat­ion of, what is and is not Parliament­ary work.

“Until late last week it appeared that Parliament was not asserting in relation to that topic what is Parliament­ary work, that that was a matter for their exclusive jurisdicti­on. Towards the end of last week it became evident that Parliament was exercising exclusive cognisance in relation to the matter of Parliament­ary work.”

He added: “In other words, Parliament was saying ‘It is a matter for us as Parliament to make that determinat­ion’.

“Parliament having made that decision means the prosecutio­n are not in a position to invite the jury to consider the question of what is Parliament­ary work.”

 ??  ?? LORD HANNINGFIE­LD: The 75-year-old was acquitted.
LORD HANNINGFIE­LD: The 75-year-old was acquitted.

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