FORMER Scunthorpe MP Elliot Morley has failed in his latest bid to argue that his expenses claims are protected from criminal prosecution.

Morley faces charges of theft by false accounting in relation to claims for a mortgage on his second home.

The former town MP, who denies the charges, has argued that the claims were protected from criminal prosecution by the ancient right of parliamentary privilege, but at the Court of Appeal in London today a judge said: "It can confidently be stated that parliamentary privilege or immunity from criminal prosecution has never ever attached to ordinary criminal activities by members of parliament."

Dismissing the appeal against an earlier court's judgement, Lord Judge said: "The stark reality is that the defendants are alleged to have taken advantage of the allowances scheme designed to enable them to perform important public duties as members of parliament to commit crimes of dishonesty to which parliamentary immunity or privilege does not, has never, and we believe never would attach.

"If the allegations are proved, and we emphasise 'if they are proved', then those against whom they are proved will have committed ordinary crimes."

Morley and three fellow former politicians area facing similar charges are expected to take the case to the supreme court.