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

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll