Expenses: Police Unable To Use MacShane Letters

Disgraced former minister's letters on false claims for thousands of pounds are protected by parliamentary privilege.

Letters in which a former Labour minister admitted expenses abuses cannot be used to prosecute him because they are protected by parliamentary privilege, an official has said.

Denis MacShane stepped down as an MP after a damning report from the Commons expenses watchdog found he had wrongly claimed thousands of pounds.

The report said he submitted 19 false invoices "plainly intended to deceive" Parliament's expenses authority - which said the case was the "gravest" it had dealt with.

There are now calls for a police investigation into Mr MacShane's expense claims, which was dropped in July, to be reopened.

The Metropolitan Police said: "We are aware of the report and will be assessing its content in due course."

The letters, which were never shown to the original inquiry because of parliamentary privilege, are likely to be examined by the police, but are still protected from being used in court.

Clerk of the Journals Liam Laurence Smyth, who is responsible for parliamentary privilege issues, admitted that many people would find the situation "surprising", but said privilege was necessary for Parliament to function effectively.

Even if Mr MacShane had openly admitted criminal behaviour in his evidence, the police would not be able to rely on the comments in court, he said.

However, he suggested the police might now be able to use the letters as a "map" to further their own enquiries.

Conservative MP Philip Davies, who urged the Met to reopen its investigation, said it was a "sad state of affairs" that Mr MacShane was protected by parliamentary privilege.

"All it will do is further undermine the reputation of Parliament," he said.

"There will be millions of people out there who think that MPs are above the law and that is what the perception will be."

Parliamentary Standards Commissioner John Lyon found the MP had entered 19 "misleading" expenses claims for research and translation services from a body called the European Policy Institute (EPI), signed by its supposed general manager.

However, the institute did not exist "in this form" by the time in question and the general manager's signature was provided by Mr MacShane himself or someone else "under his authority".

One letter from the MP to Mr Lyon in October 2009 described how he drew funds from the EPI so he could serve on a book-judging panel in Paris.

"I appreciate the committee's ruling that I made no personal gain and I regret my foolishness in the manner I chose to be reimbursed for work including working as the Prime Minister's personal envoy in Europe," he said.

MPs' Expenses: Denis MacShane Quits As MP

Denis MacShane declares he is stepping down as an MP after making false expenses claims running to thousands of pounds.

A former Labour minister has announced he is resigning as an MP after being suspended from the Commons for making false expenses claims.

It follows a damning report from the Commons expenses watchdog, which found Denis MacShane wrongly claimed thousands of pounds.

The report said he submitted 19 false invoices "plainly intended to deceive" Parliament's expenses authority - which said the case was the "gravest" it had dealt with.

The move came after the Labour Party declared the Rotherham MP's career to be "effectively over", and with Scotland Yard facing demands to reopen a criminal investigation.

Speaking of Mr MacShane's resignation, a senior Labour source said: "Denis has done the right thing."

A statement issued by former minister said: "I have been overwhelmed by messages of support for my work as an MP on a range of issues but I accept that my parliamentary career is over.

"I appreciate the committee's ruling that I made no personal gain and I regret my foolishness in the manner I chose to be reimbursed for work including working as the Prime Minister's personal envoy in Europe.

"I want to thank the people of Rotherham for allowing me to serve as their MP and the Labour Party for allowing me over the years to fight for the causes I believe in."

The committee's sanctions follow an investigation by Parliamentary Standards Commissioner John Lyon, who accused Mr MacShane of "extremely serious" rule-breaking.

It also emerged in today's report that the commissioner's findings had not been shared with the Metropolitan Police, which dropped its own lengthy inquiry into Mr MacShane without further action in July.

Conservative MP Philip Davies urged police to revisit the allegations against Mr MacShane armed with the detailed evidence in the commissioner's "astonishing" report.

In a letter to the Met, he wrote: "Now that the report has been published, and parliamentary privilege no longer applies, I would ask you to consider reopening the investigation into Mr MacShane."

Committee officials suggested that the evidence from Mr MacShane would not be legally admissible - even though it has not now been made public.

The committee said it was impossible to say how much Mr MacShane claimed "outside the rules" but estimated it "may have been in the order of £7,500".

Sky News