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 PART C Referring to the distinction made by Justice Stephen in Bradlaugh (supra), Lord Lodger observed:

“118. That remains the position to this day. I have therefore no doubt that, if the offences with which the appellants are charged are to be regarded as “ordinary crimes”, then – even assuming that they are alleged to have been committed entirely within the precincts of the House – the appellants can be prosecuted in the Crown Court. The only question, therefore, is whether there is any aspect of the offences which takes them out of the category of “ordinary crime” and into the narrower category of conduct in respect of which the House would claim a privilege of exclusive cognizance.” (emphasis supplied) From the above cases it is evident that a person committing a criminal offence within the precincts of the House does not hold an absolute privilege. Instead, he would possess a qualified privilege, and would receive the immunity only if the action bears nexus to the effective participation of the member in the House.

48. If this approach is adopted, the submission of claim forms for allowances and expenses does not qualify for the protection of privilege. Scrutiny of claims by the courts will have no adverse impact on the core or essential business of Parliament, it will not inhibit debate or freedom of speech. Indeed it will not inhibit any of the varied activities in which Members of Parliament indulge that bear in one way or another on their parliamentary duties. The only thing that it will inhibit is the making of dishonest claims.