WK 4 - Parliamentary Privilege

Question 1

Describe Parliamentary Privilege (3)

Answer 1

• Important principle for proper functioning of Parliament
• Protects rights and immunities of Parliament by overriding ordinary legal rights enforced by courts
• Raises important question of who decides on the scope of this privilege if it sets laws aside

Question 2

Two components of parliamentary privilege

Answer 2

• Freedom of speech in Parliament
• Exclusive cognisance

Question 3

Explain freedom of speech in parliament

Answer 3

• To fulfil its function effectively, Parliament must act freely
• MPs must be free to voice ideas + concerns freely without fear

Question 4

Article IX of Bill of Rights (1689) + Freedom of Speech

Answer 4

• ‘The freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned by any court or place out of Parliament’

Question 5

Why was Article IX of Bill of Rights enacted?

Answer 5

• Mainly in response to royal interference in Parliament’s and MP’s work
• To ensure MPs’ work is not interfered with by Crown/courts

Question 6

What protection does Article IX of Bill of Rights provide?

Answer 6

Comprehensive and absolute immunity for statements made within Parliament

Question 7

Explain Exclusive Cognisance in Parliament

Answer 7

Parliament has the right to determine its own rules and procedures, and it is recognised by courts

Question 8

Which cases support exclusive cognisance?

Answer 8

• Bradlaugh v Gosset (1884): ‘What is said or done within the walls of Parliament cannot be inquired into in a court of law’
• Reinforced in British Railways Board v Pickin [1974]: courts will not look at whether, in enacting legislation, Parliament had been misled by fraud or otherwise

Question 9

Scope of parliamentary privilege

Answer 9

• Parliamentary privilege overrides ordinary legal rights
• Relationships between legislative and judicial
  ^ based on principle of comity

Question 10

Question to ask when determining scope of Parliamentary Privilege.

Answer 10

What are ‘proceedings in Parliament’ referred to in the Bill of Rights, and who decides on this?

Question 11

Parliamentary privilege: Stockdale v Hansard (1839)

Answer 11

• Courts determine the scope (extent) of parliamentary privilege, but once a subject-matter falls within parliamentary privilege, courts cannot question it

Question 12

Parliamentary privilege: Charter [2010]

Answer 12

• ‘the extent of parliamentary privilege is ultimately a matter for the courts’
• The necessity principle

Question 13

Define the necessity principle

Answer 13

Parliamentary privilege sets aside ordinary legal rights only when necessary for the effective functioning of Parliament