Parliamentary Privilege

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London: TSO, 2012. — 88 p.All strong democracies have at their core the recognition that parliamentarians must be free to speak their mind in debates – and MPs to represent their constituents’ views - without fear or favour.This is at the heart of the privileges of Parliament which are an integral part of our constitutional arrangements. Indeed, the privileges of the Westminster Parliament are the model for the privileges of many legislatures around the world. We raise the question of whether changes are needed to ensure that privilege does not provide an inappropriate immunity for parliamentarians from criminal prosecution, to reinforce the principle of fair and equal treatment in law. At the same time, we consider whether changes are needed to strengthen the appropriate protections for free expression in proceedings and in the reporting of those proceedings in the media. The Government has no wish to make any changes without thorough consultation.The intention of this paper is to facilitate a wide-ranging and open debate on parliamentary privilege.We hope as many people as possible will contribute their thoughts, either to us or directly to Parliament. Ultimately, though, these are Parliament’s privileges, and it is right for Parliament to have a proper opportunity to reflect on their continuing purpose.That is why we believe it would be appropriate for Parliament to establish a Joint Committee to look at the issues raised in this paper.Ministerial foreword Executive summary Overview and general approach Part One: Freedom of speech Part Two: Exclusive Cognisance Application of legislation to Parliament Regulation of Members Select Committee powers PartThree:Other Privileges Reporting of parliamentary proceedings Miscellaneous issues Conclusion Summary of questions