Parliamentary privilege refers to a set of special rights and immunities granted to members of parliament to ensure they can carry out their duties without fear of interference or repression. It allows lawmakers to freely express their opinions, debate sensitive issues, and protect themselves from legal actions related to their parliamentary activities. In simple terms,
parliamentary privilege gives members of parliament certain protections to do their jobs effectively without facing consequences for their words or actions in the course of their work.
Full definition
He
used parliamentary privilege, which protects him from prosecution, to raise the matter which the courts had declared should not be raised.
In the Commons, Les Lawrence, the former lead education councillor in Birmingham, a Conservative, was one of four people named
under parliamentary privilege by Khalid Mahmood, the Labour MP for Birmingham Perry Barr, who accused them of colluding «with this huge tragedy of keeping these schools in a position they should not have been in», and failing to listen to parents, governors and teachers.
«Third report from the Committee of Privileges: Recommendations of the Select Committee
on Parliamentary Privilege», HC 417 1976 - 77 para 16.
The United Kingdom [2002] ECHR 35373 / 97 at para. 66 for a summary of the UK Government's position on the dual public interests involved
in parliamentary privilege.
Underlining his tough talk, Mr Cameron promised to change the law to make sure that did not happen in future, vowing to bring in a new
Parliamentary Privileges Act to stop MPs using the 1689 Bill of Rights to protect themselves.
The constitutional and legislative history of
parliamentary privilege does not include protections afforded to municipal councils, which are «creatures of the Legislature» [32] and lack the internal mechanisms for self - regulating their processes as do provincial legislatures and Parliament.
[19] Parliamentary privilege is essentially the «cornerstone of parliamentary democracy» [20] in that it secures the protection of elected members of Parliament to speak freely and debate freely on all proceedings in the legislatures and Parliament without risk of civil or criminal liability or any interference from the court.
Cassels Brock and Hamilton argued the claim should be struck from the pleading
because parliamentary privilege is absolute and there is no requirement to balance it against solicitor - client privilege.
Moreover, the Ethics Commissioner submitted that she should be allowed to make full submissions as the issue is one
about parliamentary privilege with a threshold jurisdictional question (McIver at para 14).
The Tory leader described Mr Brown as a «shameless defender of the old elite» who tolerated «the disgusting sight» of Labour MPs charged with fraud trying to use
Parliamentary privilege rules to avoid prosecution.
A strong case can be
made parliamentary privilege was created to protect parliamentarians from harassment by the monarch, not to avoid demands for information and fairness by the monarch's subjects.
Parliamentary privilege also encompasses the legislatures» and Parliament's freedom to have «complete control over their own proceedings and their own members.»
In a memorandum to the justice committee yesterday, Malcolm Jack
said parliamentary privilege would come under threat if the bill, to be rushed through the Commons next week, became law.
One of the companies named by Mr Umunna told me it wants to take legal action (it believes not all his comments are protected by the
usual parliamentary privilege).
MEPs were deciding whether she could invoke the highly unusual defence of
European Parliamentary privilege to stop the High Court in London ordering her to pay damages after it had ruled she had libelled three South Yorkshire Labour MPs.
Michael White has hinted that the matter may be raised as a breach of
Parliamentary privilege when the Commons returns after the Christmas recess.
Australian parliamentarians have a legal right to say anything about anyone in Parliament without fear of prosecution for libel; it is
called Parliamentary Privilege.
The only people who have protection from being sued for libel are parliamentarians for statements the make in the chamber in some jurisdictions (
see parliamentary privilege).
But
while Parliamentary privilege may protect Harper and his ministers» actions, Guergis argues «those privileges could not be used by Hamilton to shield himself» and «there is no policy basis to excuse Hamilton's behaviour on the same basis that shields a political decision by a Prime Minister.»
The Tribunal refused leave because the Speaker has the power to control access to the House as a matter of constitutional law and
ancient parliamentary privilege.
Parliamentary privilege includes the right to exclude «strangers» (that is, people who are not members of Parliament) from the House and its precincts and to manage its internal affairs.
[5] The central question is whether principles of
parliamentary privilege allow the National Assembly to exclude kirpans from its precincts or whether constitutional rights such as the freedom of religion and expression preclude the Assembly from excluding them.
The government has refused to fully reveal the documents to MPs without a court order on national security grounds, but Prof. Errol Mendes has stated that
parliamentary privilege already grants them the right to the documents.
Further, she notes that «discipline of its members, which includes discipline relating to breaches of conflicts of interest, has been held to be within the sphere of
parliamentary privilege relating to controlling its own proceedings and settings standards: Harvey v New Brunswick (Attorney General), 1996 CanLII 163 (SCC), [1996] 2 SCR 876 at paras 61 - 62.
She also relies upon New Brunswick Broadcasting Co v Nova Scotia (Speaker of the House of Assembly), [1993] 1 SCR 319, 1993 CanLII 153 (SCC) to affirm that the Charter has no application to legislation
invoking parliamentary privilege (McIver, at para 64).
The Court concluded that the Legislative Assembly may limit its members» exercise of free speech as part of its
own parliamentary privilege (McIver, at para 51).
It prompted a furious reply on Twitter from Mr Ghani, who complained he could not sue the PM because the remarks were made
under Parliamentary privilege.
Lord Neuberger's committee on super-injunctions warned the media to be careful when relying
on Parliamentary privilege, in its report last week.
Finally, repeat after me: «Thelaws of
parliamentary privilege do not apply to the slanderous observations about the prime minister I feel the sudden urge to make live on air to Sky's Adam Boulton.»
Mr Justice Saunders had ruled they could not use
parliamentary privilege as a defence to protect them against standing trial in a crown court.
As explained by the Supreme Court of Canada in Canada (House of Commons) v. Vaid, [14] parliamentary privilege is an important part of the «general public law of Canada» and is «inherited from the Parliament at Westminster by virtue of the preamble to the Constitution Act, 1867 and in the case of the Canadian Parliament, through s. 18 of the same Act.»
The book reveals the dirty tricks that were used to destabilise the Conservative Party, including the newspaper's bribery of US government officials, the abuse
of parliamentary privileges by New Labour MPs and financial intimidation by former Government minister, Clare Short.
The Senate inquiry would receive evidence under
parliamentary privilege that would then be passed on to the commission.
New Zealand Labour MP Shane Jones used
parliamentary privilege to accuse Countdown of extorting suppliers by demanding retrospective payments in return for shelf space.