Parliamentary Privilege

Question 1

what is Parliamentary privilege?

Answer 1

parliamentary privilege is the right to speak freely in debates without fear of legal repercussions

initially protected MPs and peers from the power of the monarch

relates to freedom of speech and expression as well as the freedom of each House to regulate its own affairs (self regulation)

no MP or peer can be sued for what they say in parliament, this includes any proceedings in either House and any of its committees

if the police wish to enter Parliament, they need a properly executed warrant

Question 2

why was Parliamentary privilege established?

Answer 2

parliamentary privilege was established to make Parliament autonomous and legally answerable only to itself

without it, debate and discussion could well be silenced for fear of legal action

historical aspects of Parliamentary privilege, such as the right to fine or imprison anyone, have been unused for centuries

Question 3

what is forbidden?

Answer 3

profanity and calling a fellow MP/peer a liar is forbidden under Article 9 of the Bill of Rights (1689)

Question 4

when was Parliamentary privilege codified?

Answer 4

parliamentary privilege was codified in 1689 but was a convention for at least 300 years before

Question 5

what does Parliamentary privilege supersede and have supremacy over?

Answer 5

parliamentary privilege has supremacy and supersedes judicial injunctions

for example, in 2012, footballer Ryan Giggs had a court injunction preventing the media from disclosing an affair he had

however, an MP broke the injunction by naming Giggs in the House of Commons

Question 6

how far does Parliamentary privilege extend?

Answer 6

Parliamentary privilege extends to anyone giving evidence in either House but does not extend outside of Parliament

for example, in 2015, Ed Miliband made comments about Lord Fink’s character and tax arrangements outside the house of commons and Lord Fink threatened to sue

Question 7

what are the limits to Parliamentary privilege?

Answer 7

there are limits to this Parliamentary autonomy/privilege

such as the successful request to release MPs expenses under the Freedom of Information Act

during the expenses scandal, many MPs faced criminal charges and 3 former Labour MPs tried to invoke Parliamentary privilege, arguing that any investigation lay with Parliament and not the civil courts

but this was dismissed by the Supreme Court who said that Parliamentary privilege does not cover ’ordinary’ alleged crime

Question 8

what does Parliamentary privilege not mean?

Answer 8

parliamentary privilege does not mean that MPs and peers cannot be prosecuted for criminal activity

for example, several MPs and peers were jailed following the 2009 expenses scandals in which they had made false claims for Parliamentary expenses