LORD Hanningfield will continue to serve as a county councillor from his prison cell, Essex County Council has revealed.

Because the peer has lodged an appeal against his conviction, the authority has deemed he cannot be disqualified from his position as a ward councillor for Stock until that hearing has taken place.

The situation has been branded “absurd” by the TaxPayers’ Alliance.

Emma Boon, the group’s campaign director, said: “Essex County Council’s undue support for a convicted criminal shows its loyalty does not lie with the taxpayers it serves.

“It is absurd to have a county councillor serving from jail.”

Under British law, the cases of convicted criminals are considered reopened from the moment an appeal is lodged.

This means that, although he has started his ninth-month jail sentence, in the eyes of the law Lord Hanningfield could still be found innocent.

A county council spokesman said: “The sentence passed on Lord Hanningfield disqualifies him from being a member of the county council. However, this disqualification does not take effect until the time for making an appeal has elapsed or, if an appeal is made, disposed of.

“A by-election cannot be called until after disqualification has taken effect.”

Mike Mackrory, the deputy leader of the county council’s Liberal Democrat group, described the legal process as “unfortunate”.

He said: “That is the way our legal system works and we have to accept that.

“However, it is not good news for the people of Stock. I would hope the Conservatives would put other measures in place to ensure that ward does not go unrepresented.”

The peer, who has represented Stock since 1970, resigned the Conservative whip as soon as he was charged with false accounting.

He was also suspended from the Essex Conservatives group, meaning he will now technically serve as an independent councillor.

Julie Young, the council’s Labour group leader, said: “I would be concerned Stock will not be represented. If that is the way the law works, it should be changed.”