Privilege

Question 1

Parliamentary Privilege

Answer 1

The sum of peculiar rights enjoyed by each house collectively as a consistent part of the high court of parliament and by members individually without which they could not discharge their duties

Question 2

How does privilege protect MP’s

Answer 2

Protects freedom of speech, defamation, and independence

Question 3

Where does it come from

Answer 3

‘Laws and customs of parliament’

Question 4

Parliament can make privilege into statute. Give example

Answer 4

Article IX Bill of rights 1689

Question 5

What can courts establish (Give example)

Answer 5

Whether it falls within scope of privilege (Bradlaugh v Gossett 1884)

Question 6

What are the principal privileges?

Answer 6

Freedom from civil arrest
Freedom of speech
Regulate composition
Access to crown

Question 7

NZ Parliamentary privilege act

Answer 7

Any words spoken or acts done in the course of or for the business of the house or a committee

Question 8

How long does freedom from arrest work

Answer 8

40 days +/- Commons

Always - Lords

Question 9

Bradlaugh V Gossett 1884

Answer 9

Bible - Court wouldn’t intervene

Question 10

British railway board v Pickin 1974

Answer 10

A man said that he hadn’t been able to make a presentation regarding a bill, the court of appeal said they could look at the process, the lords said they shall not look ‘behind the rolls of parliament’

Question 11

Stockdale v Hansard (1839)

Answer 11

Only the crown in both houses can make law, a resolution of either house is not beyond the the law. Parliamentary papers act 1840 was passed in response establishes privilege for papers under the house.

Question 12

2005 Ministerial code

Answer 12

Have to resign directorships

Question 13

Cash for questions

Answer 13

Lobbyist Ian Greer told Mohamed Al Fayed was told to bribe conservative MP’s

Question 14

What did ‘Cash for questions lead to’

Answer 14

Nolan Committee

Question 15

What does Article IX BOR 1689 do?

Answer 15

Guarantees absolute freedom of speech

Question 16

Baron mereworth v MOJ 2011

Answer 16

Courts can’t decide if a peer can sit in the lords

Question 17

Stourton v Stourton (1963)

Answer 17

Man escaped child custody payments by pleading privilege

Question 18

Rivlin v Bilainkin (1953)

Answer 18

Defamatory letters were not covered as it wasn’t house business

Question 19

Duncan Sandy’s case

Answer 19

He asked sensitive questions - Cant be punished under the OSA but could be disciplined

Question 20

Straus v London electricity board

Answer 20

Straus an MP gave a letter containing defamatory material to another minister who gave it to the board. They threatened to sue but it was held to be covered in privilege.

Question 21

Buchanan v Jennings (2004)

Answer 21

New Zealand Rep said he wouldn’t take back defamatory material in public and he could be sued.

Question 22

A v United Kingdom (2008)

Answer 22

Women mentioned in parliamentary debate was published about by papers. She went to EU court of HR it was covered by privilege