Rupert Lowe asks High Court for temporary block on watchdog investigation

Independent MP Rupert Lowe has asked the High Court to grant a temporary block to stop the parliamentary watchdog from investigating him following a complaint.

Mr Lowe is seeking to challenge the decision of the Independent Complaints and Grievance Scheme (ICGS), which the MP for Great Yarmouth claims was made last July.

The decision, which Mr Lowe is asking the court to quash, came following a complaint made to the ICGS by a third party who cannot be identified.

A full hearing of the challenge is due to be heard next month, but on Tuesday lawyers for Mr Lowe asked the court in London to temporarily block the ICGS from investigating the complaint, pending the outcome of the March hearing.

Lawyers for the ICGS opposed the application, suggesting the court has no jurisdiction over the matter and saying that it would interfere with parliamentary privilege.

In written submissions, Christopher Newman, representing Mr Lowe, said: “The substantive claim to judicial review alleges procedural unfairness in the processes of ICGS, as well as perversity and illegality.

“The scope for unjust harm arising from an adjudicative process, in this case one which has the potential to end the career of a Member of Parliament, being infected by bias is very significant.”

He added: “There already is troubling evidence of corruption of process unfairly affecting Mr Lowe.

“There is a powerful inference that (the complainant) leaked information to Reform UK, which led to Reform UK starting its own fact-finding process.”

Mr Newman also said it is “highly likely that Mr Lowe will show that parliamentary privilege does not prevent the court from reviewing the processes of ICGS”.

Mr Newman told the court on Tuesday that Mr Lowe, who last week announced the launch of a new political party called Restore Britain, “is becoming a major force, arguably, in politics”.

He added: “My client has been put in an impossible position.

“He is being asked to answer questions about his behaviour and he has gone back to them with questions about the process, and they won’t answer them.”

Mr Newman also told the court that the granting of an interim injunction would not cause ICGS any harm.

In written submissions, Sarah Hannett KC, for the ICGS, said Mr Lowe is a sitting MP subject to the rules and procedures setting out standards of behaviour for members of the House of Commons.

She added: “Most fundamentally, the claimant is answerable to the House about the allegations of misconduct made against him.

“He is currently going through the process deemed appropriate by the House to investigate those allegations.

“It is no part of the constitutional role of the court to supervise or interfere with that.

“Any of the claimant’s complaints about the veracity of the complaint, fairness of the investigation or rationality of the commissioner’s decisions are matters for the bodies created by Parliament to deal with such complaints.

“They are not for the court.”

Inappropriate behaviour

The ICGS is responsible for investigating complaints of inappropriate behaviour against MPs.

In June last year, MPs approved changes to the watchdog, including establishing a permanent ICGS assurance board which would scrutinise its performance and hold its director to account.

This follows a review of the ICGS in which former Hampshire Police chief constable Paul Kernaghan made 26 recommendations, including mandatory training on Parliament’s code of conduct for all MPs.

Mr Lowe was elected as a Reform UK MP but was suspended by the party in March last year amid claims he had threatened then-party chairman Zia Yusuf.

He denied the allegations and the Crown Prosecution Service said no criminal charges would be brought against him in relation to alleged threats towards Mr Yusuf.

Restore Britain was initially set up as a “political movement” by Mr Lowe after his exit from Reform UK.

Mr Justice Chamberlain is due to give his decision on the matter on February 24.