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The Telegraph reports that Nigel Pleming QC, representing two of the former Labour MPs, has told the Supreme Court that the MPs were protected by Parliamentary privilege.

But Mr Pleming said taking the case to the Supreme Court was “not, and never has been, an attempt to take them above or outside the law”. He argued important issues of principle were raised by the case adding that as far as he was aware, they were the first criminal prosecutions of MPs “in relation either to a statement made in or to Parliament or its delegates, or based on a member’s dealings with Parliament – for over 300 years”.

Mr Pleming said the allegations made against the three must be “dealt with by the correct law, the law of Parliament” and argued that only Parliament could question and impugn statements made there.

There’s a short video of Nigel Pleming QC’s opening statement on The Telegraph’s website here.

The expenses claims of two futher Labour MPs, Margaret Moran and Denis McShane, are also being investigated by police.