header-logo header-logo

06 June 2014 / Neil Parpworth
Issue: 7609 / Categories: Features , Public
printer mail-detail

Extended reach?

web_public_extended_reach_parpworth

Does parliamentary privilege extend to the extra-parliamentary repetition of evidence previously given before a select committee? Neil Parpworth reports

Article 9 of the Bill of Rights 1689 provides that: “The freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place outside of Parliament.”

The constitutional importance of Art 9 is self-evident. It serves to protect what takes place in Parliament from legal challenge before the courts. It upholds the principles of freedom of speech and freedom of debate. It ensures that MPs and peers are protected against the laws of libel in respect of views expressed on the floor of either chamber, or within the precincts of the Palace of Westminster.

Until the landmark decision in Pepper v Hart [1993] AC 593, [1993] 1 All ER 42, Art 9 was the basis of the exclusionary rule that Hansard, the official record of Parliamentary proceedings, could not be consulted to determine the meaning of a statutory provision. In Prebble v Television New Zealand [1995] 1 AC

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll