The Speaker of the House of Commons yesterday took to the High Court the fight to stop details of MPs’ expenses being disclosed, despite receiving legal advice that he is pursuing a case that he cannot win.

Michael Martin will cost the tax-payer at least £100,000 trying to prevent publication of details of how MPs spend the £23,000 additional costs allowance, in the face of a tribunal announcement last month that they should be released.

Last Wednesday the House of Commons Commission appeared to have conceded defeat in the three-year battle, saying that no further legal steps could be taken to prevent release. The information on 14 named MPs had been prepared for release yesterday afternoon.

The move followed advice from the commission’s lawyer that said it would lose a High Court appeal.

It emerged yesterday that the Speaker had found a second lawyer, who agreed to take on the case and claimed that the commission had a greater than 50 per cent chance of success. Mr Martin’s decision to appeal to the High Court was made after an informal meeting yesterday, convened at 20 minutes’ notice and at which not every member of the commission was present.

MPs are unhappy because the tribunal’s decision requires the disclosure of their addresses, but the appeal by the new lawyer will challenge the entire basis of the ruling by claiming that it was “misdirected”. A spokeswoman for the commission said MPs feared that if their second home addresses were published they would be less inclined to speak their minds, which would “inhibit democratic debate”.

It emerged this month that the £23,000-a-year allowance can be used for a whole range of household items, including £10,000 kitchens and £6,000 bathrooms.

The Information Tribunal recently ordered the Commons to release MPs’ individual claims and said that there was no reason why their second home addresses should not be revealed too.

A spokeswoman for the Commons Commission, which manages House affairs, said: “Having received advice, he \ is concerned that the Information Tribunal may have mis-directed itself in law in deciding that home addresses of MPs should always be published subject to only limited exceptions.”

The Commons also considered that the tribunal gave “insufficient attention to the reasonable expectations” of MPs, she said. “The threats that MPs can face are unpredictable and subject to change,” the spokeswoman said, adding that release of their home addresses could “inhibit democratic debate” on a range of sensitive issues.

Heather Brooke, who has been campaigning for the release of the information, criticised the move. She said: “They have had 28 days to do this so why the last-minute theatrical farce?

“And what a shocking waste of taxpayers’ money. The people who are keeping things secret are being subsidised by the taxpayer.”

Norman Baker, a Liberal Democrat MP, said that the Commons was right to challenge the disclosure of addresses but suggested that it should otherwise release the details of the additional costs allowance.

“I think it sends entirely the wrong signal that the House of Commons will appear in the public’s eye to be resisting a tribunal decision and we will look as though we are trying to protect our own backs,” he said.

“Having said that, I am sympathetic to the point that MPs’ addresses should not be made public. I think they have a right to query that point but no more.”

Escalating row

January 2005 A number of journalists make freedom of information request for MPs’ full second homes expenses

April 2005 Commons authorities reject request. Appeals are submitted to the Information Commissioner

September 2005 Commissioner asks to see the data to evaluate whether it should be released. Parliament complies in July 2006

June 2007 Commissioner orders release of some of the information under 12 categories. Parliament appeals to Information Tribunal

February 2008 Information Tribunal holds hearing. Andrew Walker, Parliament’s resources chief, discloses that in theory fish tanks can be bought on second home allowance

February 2008 Tribunal orders release of all information on second home allowance, including receipts

March 2008 Speaker decides to appeal to High Court

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