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Parliamentary privilege in the United Kingdom

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The Liberal Democrat politician John Hemming used parliamentary privilege to reveal the litigant involved in the case CTB v News Group Newspapers.

Parliamentary privilege in the United Kingdom is a legal immunity enjoyed by members of the House of Commons and House of Lords designed to ensure that parliamentarians are able to carry out their duties free from interference. The privileges are freedom of speech, freedom from arrest on civil matters, freedom of access to the sovereign and that 'the most favourable construction should be placed on all the Houses's proceedings'.[1] Parliamentary privilege is however something that forms part of the law rather than putting Members of Parliament above the law – for example, these rights and immunities do not extend to crimes unrelated to their office (for example Labour MP Fiona Onasanya was jailed for lying following a speeding ticket).[2] The doctrine of parliamentary privilege was unsuccessfully used to try to prevent details of MPs expenses from emerging in 2010.[3] In recent years the doctrine of parliamentary privilege has made headlines in relation to the arrest of Damian Green and several cases relating to super-injunctions such as RJW & SJW v The Guardian newspaper & Person or Persons Unknown ('Trafigura') and CTB v News Group Newspapers leading to calls[according to whom?] to reform the law relating to privilege.

Components

Parliamentary privilege has two main components:

  • Freedom of speech as guaranteed by the Bill of Rights, but also without any possible defamation claims. An example of this is when Labour MP Lord Hain named Sir Phillip Green as the person at the centre of allegations of sexual and racial harassment.[4]
  • Exclusive cognisance, the freedom of Parliament to control its own internal affairs.

History

The doctrine was first enshrined in law after the Glorious Revolution following the passage of the 1689 Bill of Rights.[3]

Case law

Legislation

See also

References

  1. ^ "Parliamentary privilege - Glossary page". UK Parliament. Retrieved 2018-10-26.
  2. ^ Parliamentary privilege (PDF). Norwich: HM Government. April 2012. ISBN 978-0-10-183182-6.
  3. ^ a b Verkaik, Robert (9 February 2010). "The Big Question: What is parliamentary privilege, and is it being abused?". The Independent. Retrieved 2018-10-26.
  4. ^ editor, Michael Savage Observer policy (2018-10-27). "Lord Hain named Philip Green 'to promote justice and liberty'". The Observer. ISSN 0029-7712. Retrieved 2019-11-19. {{cite news}}: |last= has generic name (help)

Further reading

  • Loveland, I. (2012) 'Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction, Chapter 8
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