David Chaytor, Jim Devine, Elliot Morley and Lord Hanningfield say the workings of parliament should be dealt with by parliament

Three Labour MPs and a Conservative peer facing charges over their expenses appeared in court today to argue that their cases should be dealt with by parliament rather than the criminal justice system.

Elliot Morley, David Chaytor, Jim Devine and Lord Hanningfield answered summonses at City of Westminster magistrates court to be charged with false accounting under the Theft Act.

Their cases were referred to Southwark crown court after lawyers for the men said the case was of "high constitutional importance" and they would be arguing their right for it to be heard by parliament.

Morley, Chaytor and Devine appeared together in the dock of court No 1 as their lawyer, Julian Knowles, said that they "unequivocally and steadfastly maintain their innocence of the charges against them".

Knowles told the chief metropolitan district judge, Timothy Workman: "They also maintain that to prosecute them in the criminal courts for their parliamentary activities would infringe the principle of the separation of powers, which is one of the principles which underpins the UK's constitutional structure."

He continued: "They would argue: 'The workings of parliament should be dealt with by parliament.'"

He said the subject matter of the prosecutions was covered by parliamentary privilege conferred upon them by article nine of the Bill of Rights 1689: "Article nine provides that proceedings in parliament cannot be impeached or questioned in any court or place outside parliament."

He said: "My clients should not be understood as saying they are above the law. That would be quite wrong. Parliamentary privilege is part of the law, and it is for parliament to apply the law in their cases."

He added: "The issues raised by these three cases are of high constitutional importance."

Morley, a former agriculture minister and MP for Scunthorpe, faces two charges relating to £30,000 mortgage claims to which, it is alleged, he was not entitled.

Chaytor, the MP for Bury North, faces three charges relating to claims of £1,950 for IT services and £18,000 relating to rent.

Devine is alleged to have claimed £3,240 for cleaning services and £5,505 for stationery using false invoices. All three entered not guilty pleas.

A move to allow the three MPs to remain in the main body of the court and not to stand in the dock was refused by the judge. All three were granted unconditional bail.

Hanningfield appeared separately to plead not guilty to six charges relating to claims for overnight stays in London on nights when he was at home in Essex. His lawyer, Rupert Bowers, indicated he too would be arguing that his case was covered by parliamentary privilege. Hanningfield made no attempt to avoid standing in the dock.

The former Essex county council leader, who appeared under the name of "Paul Edward Winston Lord Hanningfield, previously White", was also granted unconditional bail.

The judge declined jurisdiction of the cases.

The parliamentary privilege argument will now be argued at Southwark crown court.

The three MPs have been barred from standing as Labour candidates at the forthcoming general election.

They left court without commenting to journalists and got into a waiting black cab accompanied by their lawyers and escorted by police officers.

There was a brief crush around the vehicle as protesters hurled abuse, shouting "pigs" and "oink, oink".

After the hearing, Hanningfield issued a statement saying he was "devastated" by the affair.

His spokesman, Mark Spragg, said: "Lord Hanningfield has devoted the last 40 years of his life to public service including both as leader of Essex county council since 2000 and as a member of the House of Lords since 1998."

The charges in full

David Chaytor, the MP for Bury North, is accused of providing false information on an allowances form under the Theft Act 1968.

The charge states he falsely claimed rent between September 2005 and August 2006 for 152 Hide Tower, Regency Street, London, from Sarah Elizabeth.

It adds that he claimed £12,925 by lodging a claim for £1,175 a month in rent when he was in fact the owner of the premises.

A second charge states that on or about 19 May 2006, he dishonestly filed two invoices for computer IT services worth £975.

The court document adds that they purported to show the services had been provided in February and March 2006 by Paul France.

A third charge states that between November 2005 and September 2006 he dishonestly made use of a short-hold tenancy agreement in a claim form.

This showed that between August 2007 and January 2008 he rented Delph Cottage, Castle Street, Summerseat, Bury, from Olive Trickett for £775 a month plus a month deposit.

The charge adds that Trickett was his mother and it was not permissible to lease accommodation from a family member. The total sum claimed was £5,425.

Jim Devine, the MP for Livingston, is accused of falsely claiming costs for parliamentary duties in March 2009.

The charge sheet alleges he submitted two misleading invoices worth a total of £5,505 for services provided by Armstrong Printing Ltd.

A second charge alleges that between July 2008 and May 2009 he dishonestly claimed allowances for repair, insurance or security.

The document alleges he intended to gain by submitting false invoices for services, cleaning and maintenance worth £3,240.

The services were allegedly provided between April 2009 and March 2010 by Tom O'Donnell Hygiene and Cleaning Services.

Elliot Morley, the MP for Scunthorpe, is accused of falsely claiming a furnishing allowance between March 2006 and November 2007.

The charge sheet alleges he submitted a deceptive mortgage application.

This showed £800 mortgage monthly interest was charged by the Cheltenham and Gloucester when in fact the mortgage was paid off. A total overpayment of £16,000 was made.

A second charge alleges that between April 2004 and February 2006 Morley made a further false mortgage interest claim.

Again he is accused of claiming £800 a month, a total overpayment of £14,428.67.

Lord Hanningfield, also known as Paul White, faces six charges.

The offences are alleged to have taken place in March 2006, May 2007, April 2008, July 2008, May 2009 and April 2009.

One charge states that on or about 1 April 2009, at Westminster, he made a dishonest claim for travelling allowances.

It states that Hanningfield "purported to show that you were entitled to be paid expenses when the conditions entitled you to payment of such expenses had not been fulfilled".

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