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Reasons given for MP ruling

By CHRIS PRIME - 06-05-1999

The judges who decided that Fiona Jones was entitled to resume her seat as Newark's MP have given their reasons for their ruling. 

Mrs Jones reclaimed her seat in the House of Commons within hours of the decision and joined in a debate on the green belt and housing. A motion welcoming her back and praising the way she had held her seat was signed by 34 MPs.

Lord Justice Kennedy said on Friday they had been presented with three approaches to the case but there were powerful reasons for preferring the first solution.

He said justice required that when a conviction was set aside on appeal all penalties imposed at the time of the conviction should also, as far as possible, be set aside.

He said in a case such as Mrs Jones's there was not only a need to do justice to the individual but also to the electors she represented.

The judge said the solution did not present any difficulty even if a writ for a new election had been issued by the House of Commons before an appeal against conviction was heard.

He said that if the seat had not been filled Mrs Jones could simply have resumed her place. If it had been filled and the appeal then succeeded there would have been no vacant seat for her to have occupied.

Mrs Jones and her election agent, Mr Des Whicher, were convicted of election fraud but both successfully appealed.

Speaker of the House of Commons Betty Boothroyd said it was for the courts to decide if Mrs Jones could retake her seat.

Their decision that she could also meant that Mr Whicher could be reinstated as a member of Newark and Sherwood district and Newark town councils.

However, the timing of the appeal procedure meant that the deadline had passed for nominations for yesterday's local elections and Mr Whicher was unable to stand.

After the High Court ruling, the district council's chief executive, Mr Richard Dix, met council leader Mr Stan Crawford and his deputy, Mr John Clark, to discuss Mr Whicher's position.

In a letter to all councillors on Friday Mr Dix confirmed Mr Whicher's reinstatement.

He wrote: "After consultation it was agreed that the council should follow the line of Parliament and announce that there is no longer a vacancy in the Devon Ward of the council.

"The seat that had been declared vacant was filled by Councillor Des Whicher."

Although there were no meetings between then and yesterday's elections, Mr Whicher said he was delighted to have been reinstated at last.

But he added: "Obviously I am very disappointed that I was unable to stand for the town and district councils. The timing has been a little unfortunate."

 

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