When, following the recent fiasco around Trafigura, I saw Carter-Ruck partner Andrew Stephenson at a Parliamentary committee meeting, he seemed utterly unrepentent.

Carter Ruck’s attempt, on behalf of Trafigura, to ban the media from reporting a question in the British Parliament, had triggered calls for the company’s Directors to be dragged to the bar of the House of Commons and formally reprimanded. Justice Minister Bridget Prentice had reiterated that the 1688/9 Bill of Rights, gave the media an absolute privelege to cover the proceedings of Parliament, and that this was essential for the effective functioning of our democracy.

In seeking to explain his firm’s behaviour to the Joint Parliamentary Committee on Human Rights, Stephenson certainly appeared defensive, but he didn’t seem in the least bit sorry. He did, though, seem keen to reassure us that the injunction secured by his company on Trafigura’s behalf had been intended merely as an interim holding measure, and that the original purpose had never been to gag the reporting of Parliament.

So it seems very surprising to read in today’s Sunday Times that Stephenson appears to have gone out of his way to persuade the Commons authorities that the law does, after all, allow for the gagging of Parliamentary procedure:

In a submission to a Commons select committee, Carter-Ruck, a law firm that specialises in libel, argues that newspapers and publishers would be in contempt of court if they published parliamentary questions, answers or debates that fell under super-injunctions.

Advisers to John Bercow, the Speaker, are understood to have informed the culture, media and sport committee that Carter-Ruck’s position is correct. MPs regard the position as a serious threat to free speech and the proper functioning of democracy.

Super-injunctions — under which even reporting the existence of the injunction is banned — are increasingly being used to stop the media publishing information. MPs are now concerned that they threaten the media’s right to report what MPs can freely say in parliament, a privilege affirmed in the Parliamentary Papers Act of 1840…

At the time of the disagreement, Bridget Prentice, the justice minister, said Carter-Ruck was wrong to claim super-injunctions applied to the reporting of parliamentary proceedings.

However, in a submission to the culture committee published last week, Andrew Stephenson, a senior partner at the firm, said the minister was under a “misapprehension”.

He said that while MPs were guaranteed the right to free speech under the 1688 Bill of Rights within the House of Commons, the reporting of parliament remained subject to court orders.

The Speaker’s counsel declined to comment, but is understood to agree with Stephenson’s assessment.

So it seems, after all, that Parliamentary democracy is still under attack, and that Carter-Ruck may be making headway in their attempt to overturn a centuries-old democratic freedom.

What I think this demonstrates, again, is that Carter-Ruck is not just an ordinary law firm, doing what ordinary law firms do. They are actively engaged in lobbying the government to curtail our liberties in the interests of their clients. They are behaving, in other words, like a right-wing activist group.

Presumably if the goverment takes this issue seriously enough, they will table emergency legislation which makes the absolute right to report Parliament fully explicit. In the meantime, judges could presumably ensure that any secret injuction they do grant includes a statement spelling out that the measure does not apply to the reporting of Parliament.

As I’ve argued elsewhere, there’s also a pretty clear-cut ethical case for (peaceful, legal) direct political action against Carter-Ruck. The idea that a lawyer – or indeed any other professional – should be exempted from the moral consequences of their professional choices is, in my view, a self-serving myth.

Lawyers who seek to apply an unjust law – be that the law that jailed Oscar Wilde or the laws being used today to suppress freedom of speech – don’t evade moral accountability simply by hiding behind the fact that what they’re doing is ‘legal’. I can’t help but wonder if we might have avoided some of the trouble we’re now in if more had been done to challenge unethical companies like Carter-Ruck at an earlier stage.

But lastly, there has to be a question here about practicality. However much Carter Ruck and their corporate clients might like to suppress free speech through the use of one secret injunction after another, the recent Twitter-storm around Trafigura has shown that this can sometimes be impossible in practice.

If Carter-Ruck are right and Bridget Prentice is wrong, then it seems that I may, after all, have been in contempt of court when I posted the ‘banned’ Parliamentary Question on Twitter back in October. Would I be willing to do so again? I wouldn’t rule it out. And it strikes me that now would be a good time to get a head-count of bloggers and Tweeters prepared to consider engaging in peaceful civil disobedience should Carter-Ruck – or anyone else – attempt to gag the reporting of Parliament again. You can leave a comment here or email me via richardcameronwilson AT yahoo DOT co DOT UK.

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Detectives have been looking into expenses for several months

Police investigating alleged abuses of parliamentary expenses have referred four cases to prosecutors.

Detectives have been looking into several cases since the allowances scandal erupted over the summer.

The identities of the four parliamentarians, who come from both the House of Commons and the House of Lords, have not yet been revealed.

The Metropolitan Police said "a small number" of further cases were still being investigated.

There have been no arrests during the investigation, although some people have been interviewed under caution, the BBC understands.

Director of Public Prosecutions Keir Starmer must now decide whether there is a realistic chance of convicting the four and what charges, if any, to bring.

If any politicians are found guilty of fraud or false accounting, they could face maximum penalties of 10 or seven years in prison.

A Scotland Yard spokesman said: "The Metropolitan Police Service has today delivered four main files of evidence relating to parliamentary expenses to the Crown Prosecution Service."

He added that these would "now be subject to CPS consideration on whether there should be any charges".

The spokesman also said: "A small number of cases remain under investigation."

A Crown Prosecution Service spokesman said: "Any decisions on whether or not there should be any charges in relation to these files will be made as quickly as is reasonably practical.

"Since a number of other cases in relation to parliamentary expenses are still under investigation, it would be inappropriate to comment any further at this stage."

Six MPs and peers may soon face criminal charges of fraud following investigations by Scotland Yard into the abuse of the Parliamentary expenses system. 

By Robert Winnett and Richard Edwards
Published: 10:00PM GMT 18 Nov 2009

Clockwise from top left: Lord Clarke of Hampstead, Baroness Uddin, Lord Hanningfield, Elliot Morley, David Chaytor, Jim Devine

The Daily Telegraph understands that detectives will imminently pass files on Labour MPs Elliot Morley, David Chaytor and Jim Devine, and peers Baroness Uddin, Lord Hanningfield and Lord Clarke of Hampstead to the Crown Prosecution Service.

Keir Starmer, the country’s top prosecutor, is expected to make a decision on whether to prosecute the politicians as early as January, before a General Election.

The Director of Public Prosecutions will decide whether the MPs and peers face court on counts of fraud, which carries a maximum sentence on conviction of 10 years, or false accounting, for which the maximum penalty is up to seven years.

Police and criminal lawyers are confident that charges will be brought.

A team of detectives have been assessing and investigating cases for the past five months since The Daily Telegraph’s Expenses Files investigation disclosed widespread abuse of parliamentary allowances.

They are now on the verge of finalising their files to send to prosecutors.

A Westminster source said: “We have heard that things are about to come to a head”. A spokesman for the Crown Prosecution Service said that they had not yet received files, but it is understood that there are expected imminently.

Police are liaising with Sir Thomas Legg, who is carrying out a full audit of MPs expenses, and are believed to have taken witness statements from senior civil servants and members of the Fees Office who processed the suspected claims. Witnesses, including constituency workers and banking officials, have also been interviewed by police as detectives build up a file of evidence.

A small team of officers who specialise in financial investigations have carried out a low profile inquiry, with no arrests. It is believed that MPs and peers have co-operated with requests from them for evidence from their emails and bank statements.

The most serious suspected frauds are considered to be those of Mr Morley and Mr Chaytor who both claimed thousands of pounds for “phantom” mortgages that they had already paid off.

Mr Morley, the former agriculture minister, claimed £16,800 for a mortgage that did not exist and also admitted wrongly claiming £20,000 for mortgage capital repayments in contravention of rules.

Mr Chaytor admitted making an “unforgiveable error” in “accounting procedures” when claiming almost £13,000 in interest for a mortgage that he had paid off. Police will also be interested in why the Bury North MP also claimed almost £5,000 under his office allowances to pay his daughter, Sarah Chaytor, under an assumed name of “Sarah Rastrick’’.

Mr Devine, a Scottish Labour MP, submitted invoices for electrical work worth £2,157 from a company with an allegedly fake address and an invalid VAT number.

Detectives from the Metropolitan police have made several trips to Mr Devine’s constituency of Livingstone to interview witnesses.

Lord Hanningfield, the Conservative peer who is also the leader of Essex County Council, claimed £100,000 over seven years for staying in London despite living just 46 miles from the capital. He has been investigated over whether he was returning to his home in Essex while claiming “overnight allowances’’ for staying in London.

He has a full-time chauffeur provided by the local authority at taxpayers’ expense and his claims from both parliament and the council are being studied.

Lord Clarke, a former Labour Party chairman, admitted his “terrible error” in a newspaper interview after claiming up to £18,000 a year for overnight subsistence when he often stayed with friends in the capital or returned to his home in St Albans, Herts.

Baroness Uddin allegedly claimed £100,000 in parliamentary allowances by registering as her main home a property in Maidstone, Kent, that was apparently barely occupied.

MPs Shahid Malik and Tony McNulty will face no further action, and police have ruled out criminal investigations into the practices of “flipping” or avoiding capital gains tax.

However HM Revenue and Customs has launched the inquiries into 27 MPs.

MPs could avoid tax on their expense claims on the basis that they were “wholly, necessarily and exclusively’’ incurred in relation to the performance of their parliamentary duties.

MPs found to have claimed for non-essential items now face a tax bill of up to 40 per cent on their value. They may also have to pay interest and fines on the back-dated tax bills.

In May, HMRC wrote to all MPs asking if they wished to come forward and make voluntary payments. The authorities said last night they had opened formal inquiries into 27 MPs.

It is thought that they are also scrutinising MPs who avoided capital gains tax when selling second homes; those who claimed for personal tax advice; and travel claims for journeys between their homes and office if they did not live in their constituencies or London, where they are working.

Mr Devine and Mr Chaytor denied last night that they had been formally questioned by police. Lord Clarke refused to comment.

Mr Morley said: “I have always made it clear that I am not guilty of any offence and that I am very happy to co-operate with the police, and the parliamentary authorities and procedures. I have been advised not to comment on press reports particularly when they are based more on speculation than fact.”

Baroness Uddin and Lord Hanningfield were unavailable for comment.

A Met police spokesman refused to comment on the ongoing investigations.

Here's why getting up at silly o'clock every morning for a two hour commute is worth it.

Because I can pop outside the office to watch the Queen go past to open parliament.

Some people don't like the Queen, but I do. Research shows that the Royal family costs every tax payer £0.50 a year. I think that's bloody good value.

KUALA LUMPUR: Reporters and members of parliament (MPs) were caught off guard by the sight of Prime Minister Datuk Seri Najib Razak and Pakatan Rakyat (PR) leader Datuk Seri Anwar Ibrahim happily chatting away over a cup of teh tarik in the MPs lounge in parliament yesterday evening.

My hope is that Malaysia will grow up.

"These shadows all point towards the West side of Westminster Bridge, the Houses of Parliament side.."