MercoPress. South Atlantic News Agency

British MPs repayments expenses conflict: a political or legal question?

PM Brown and Tory leader Cameron warn protesting MPs

British Prime Minister Gordon Brown and Tory leader David Cameron are battling to contain the growing anger among MPs across Parliament faced with demands to repay thousands of pounds in expenses.

The two main party leaders both signalled that MPs who refused to co-operate with the audit of expenses carried out by the former Whitehall mandarin Sir Thomas Legg could be barred from standing at the next election.

However, they were faced with a chorus of increasingly outspoken criticism from backbenchers furious at the way that Sir Thomas had imposed a retrospective cap on claims for cleaning and gardening at their second homes.

Senior Labour backbencher Sir Stuart Bell said there was “a sense of grievance” at the way the rules had been changed against the principles of “natural justice”.

Former Conservative minister Ann Widdecombe warned that there was “a big question of the legality” of the decision, which is expected to result in five or even six-figure repayment demands for some MPs.

Mr Cameron took the lead in warning Tory MPs that they must pay up if they want to stand again as Conservative candidates at the next election. He said: “In the end, if people are asked to pay back money and if the authorities determine that money should be paid back and they don't pay it back, in my view, they can't stand as Conservative MPs.”

Mr Brown, visiting a north London housing estate, then made clear that he would consider withdrawing the whip from any Labour MPs who refused to accept Sir Thomas's findings - effectively ruling them out as candidates for the election. “If, of course, people are not prepared to co-operate, then we will have to consider that action,” he told reporters.

Writing to MPs to set out the provisional findings of his review of expense claims over the past five years, Sir Thomas explained that he had decided on a £2,000-a-year limit for cleaning and £1,000 for gardening costs because no maximum level had previously been set. MPs have been given three weeks to respond to his findings, and he is expected to deliver his final report to the Members Estimate Committee, which oversees expenses for the Commons authorities, on November 9.

Labour backbencher Martin Salter - who is unaffected by the process as he has never claimed for a second home - warned that some MPs were so angry at their treatment they could mount a legal challenge.

“Any attempt to apply a retrospective value judgment is undoubtedly going to be subject to challenge,” he said. ”Far from drawing a line under this appalling situation, which has dragged politics into disrepute, it is going to make the situation many times worse.