It seems to me that there is another problem. The Crown Prosecution Service says clearly in its guidance on misconduct in public office:
“The suspect must not only be a ‘public officer’”—
not as straightforward to define as it seems—but that
“the misconduct must also occur when acting in that capacity.”
When does an MP act in the capacity of an MP except when proceeding in Parliament, which is the one thing that the hon. Gentleman wants to preclude?