Parliamentary privilege in the United Kingdom

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]

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

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 peer 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]

Examples

There are multiple modern examples of Members exercising the right to parliamentary privilege, most notably related to freedom of speech and immunity from prosecution.

  • In February 2022, Layla Moran MP used parliamentary privilege to name 35 people who she claimed were Russian oligarchs, arguing that they should be sanctioned due to their closeness to Russia's president during the Russo-Ukrainian war.[5]
  • In April 2011, John Hemming MP exercised parliamentary privilege to reveal the litigant involved in the case CTB v News Group Newspapers.[6]
  • In October 2009, Paul Farrelly MP submitted a written parliamentary question naming Trafigura as the complainant in a super-injunction against The Guardian newspaper.[7]
  • In November 2008, the rights afforded by parliamentary privilege came under scrutiny in the case of Damian Green MP, who was arrested on suspicion of aiding and abetting misconduct in a public office. Some argued[8] parliamentary privilege should have granted him protection from that arrest.

Select committees

Witnesses to Parliamentary select committees also enjoy Parliamentary privilege if their evidence is formally accepted.[9]

Case law

Legislation

Scotland

Members of the Scottish Parliament do not have parliamentary privilege.[10]

See also

References
  1. "Parliamentary privilege - Glossary page". UK Parliament. Retrieved 26 October 2018.
  2. Parliamentary privilege (PDF). Norwich: HM Government. April 2012. ISBN 978-0-10-183182-6.
  3. Verkaik, Robert (9 February 2010). "The Big Question: What is parliamentary privilege, and is it being abused?". The Independent. Retrieved 26 October 2018.
  4. editor, Michael Savage Observer policy (27 October 2018). "Lord Hain named Philip Green 'to promote justice and liberty'". The Observer. ISSN 0029-7712. Retrieved 19 November 2019. {{cite news}}: |last= has generic name (help)
  5. MP uses parliamentary privilege to name Russian oligarchs, retrieved 5 March 2022
  6. "John Hemming faces calls to resign for abusing parliamentary privilege". the Guardian. 24 August 2011. Retrieved 5 March 2022.
  7. reporter, Staff (16 October 2009). "How the Trafigura story came to be told". the Guardian. Retrieved 5 March 2022.
  8. "Damian Green row: What is parliamentary privilege?". the Guardian. 1 December 2008. Retrieved 5 March 2022.
  9. https://www.parliament.uk/globalassets/witnessguide.pdf
  10. "Scotland needs to think once again about strengthening its institutions". British Politics and Policy at LSE. 7 April 2021. Retrieved 4 May 2021.

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