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' proceedings'.[1] Fair and accurate reporting of the proceedings of parliament is also protected by parliamentary privilege.[2]
Parliamentary privilege is, however, something that forms part of the law rather than putting Members of Parliament above the law: for example, the MPs
Chris Huhne and
Fiona Onasanya were both successfully convicted of non-parliamentary criminal offences in the 2010s;[3] and the 2010
Supreme Court case R v Chaytor, argued in the wake of the
parliamentary expenses scandal, ruled that MPs were not immune to prosecution for crimes such as
fraud conducted in relation to their parliamentary activities.[4]
Components
Parliamentary privilege has two main components:
Freedom of speech as guaranteed by the Bill of Rights, but also without any possible
defamation claims.[5] An example of this is when, in 2018, Labour peer
Lord Hain named Sir
Philip Green as the person at the centre of allegations of sexual and racial harassment.[6]
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
Bill of Rights 1689.[7] Prior to the Bill of Rights, Parliament had no statutory protection, but nevertheless had asserted both the freedom of speech and freedom from arrest, especially against what they perceived to be tyrannical acts by the king. Since the late 15th century, members of the Commons enjoyed 'an undefined right to freedom of speech, as a matter of tradition rather than by virtue of a privilege'.[8] One of the flashpoints that led to the
English Civil War was the attempted arrest by
King Charles I of the
Five Members for treason, which Parliament viewed as being in violation of its ancient liberties.
Lewis Namier gives a number of examples of criminals escaping prosecution, public officials escaping censure and bankrupts escaping creditors, claiming that it was a significant reason for many men to try to become MPs.[9]
After the case of Stockdale v Hansard (1839) found that
Hansard, although ordered by Parliament to publish transcripts of its debates, did not enjoy the protection of parliamentary privilege, Parliament immediately passed the
Parliamentary Papers Act 1840, which gave absolute civil or criminal immunity to papers published by order of Parliament, and qualified immunity to any publication outside of Parliament that published extracts from Hansard without malice.[2]
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 November 2008,
Damian Green, a Conservative MP, who was arrested on suspicion of aiding and abetting misconduct in a public office and had his offices searched. Labour MP
Denis MacShane argued parliamentary privilege should have granted him protection from that arrest.[10]
In October 2009,
Paul Farrelly submitted a written parliamentary question regarding a so-called "
super-injunction" against The Guardian newspaper which prevented them from naming
Trafigura as the company responsible for the
2006 Ivory Coast toxic waste dump, and the efforts by legal firm
Carter-Ruck to prevent The Guardian from reporting on the question or even the existence of the injunction.[11]
In May 2011,
John Hemming exercised parliamentary privilege to name footballer
Ryan Giggs as the litigant involved in the case CTB v News Group Newspapers. Giggs had applied for a super-injunction in England and Wales to prevent reporting by The Sun of his extramarital affair, but his failure to apply for an injunction in Scotland led to the information being widely known after it was published by the
Sunday Herald.[12]
In October 2018,
Lord Hain used parliamentary privilege to name
Philip Green as the subject of accusations of bullying and sexual harassment due to Green obtaining an injunction preventing the allegations from being reported.[6]
In February 2022,
Layla Moran 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.[14]
Select committees
Witnesses to parliamentary select committees also enjoy parliamentary privilege if their evidence is formally accepted.[15]
Equivalent protections apply to proceedings of the
Welsh and
Northern Irish Assembles under the Government of Wales Act 2006 and the Northern Ireland Act 1998.