Learning Outcomes
After studying this article, you will be able to explain the legal basis and main features of parliamentary privilege in the UK, including freedom of speech in Parliament, exclusive cognisance, and immunity from legal action. You will be able to identify the scope and limits of these privileges, their role in central government accountability, and how they interact with the rule of law and modern challenges.
SQE1 Syllabus
For SQE1, you are required to understand the concept and operation of parliamentary privilege as it relates to central government and accountability. In your revision, focus on:
- the legal basis and main principles of parliamentary privilege in the UK
- the scope and limits of freedom of speech in Parliament
- the principle of exclusive cognisance (Parliament’s control over its own proceedings)
- the relationship between parliamentary privilege, the courts, and the rule of law
- how parliamentary privilege supports or limits accountability of central government
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the legal source of parliamentary privilege in the UK?
- Which principle protects Members of Parliament from being sued for statements made during debates?
- Can parliamentary privilege be used to shield MPs from criminal prosecution for actions unrelated to parliamentary proceedings?
- What does exclusive cognisance mean in the context of parliamentary privilege?
- How does parliamentary privilege interact with the rule of law and accountability?
Introduction
Parliamentary privilege is a set of legal immunities and powers that protect Parliament and its members from outside interference, enabling them to perform their legislative functions independently. These privileges are essential for the effective operation of central government and for holding the executive to account. However, they also raise important questions about the balance between legislative autonomy and the rule of law.
The Legal Basis of Parliamentary Privilege
Parliamentary privilege in the UK is primarily derived from Article 9 of the Bill of Rights 1689, which states:
"That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament."
This provision ensures that Parliament can debate and legislate without fear of legal consequences or interference from the courts or the executive.
Key Term: parliamentary privilege
Parliamentary privilege refers to the special legal rights and immunities enjoyed by Parliament and its members, protecting their independence in carrying out parliamentary functions.
Main Principles of Parliamentary Privilege
Freedom of Speech
The core of parliamentary privilege is the protection of freedom of speech within parliamentary proceedings. Members of Parliament (MPs) and peers can speak, debate, and vote without risk of being sued or prosecuted for what they say or do in Parliament.
Key Term: freedom of speech (Parliament)
The right of MPs and peers to speak freely in parliamentary proceedings without fear of legal action or outside interference.
This protection covers debates, questions, committee work, and other official proceedings. It does not extend to statements made outside Parliament, such as in the media or at public events.
Exclusive Cognisance
Parliament has the exclusive right to regulate its own internal affairs, free from judicial intervention. This is known as exclusive cognisance.
Key Term: exclusive cognisance
The principle that Parliament alone determines its own procedures, discipline, and internal matters, without interference from the courts or executive.
This means that only Parliament can decide on issues such as the conduct of its members, the validity of its proceedings, and the discipline of MPs and peers.
Immunity from Legal Action
Parliamentary privilege provides immunity from civil or criminal proceedings for actions and statements made in the course of parliamentary business.
Key Term: immunity from legal action (Parliament)
The protection that prevents MPs and peers from being sued or prosecuted for actions or statements made in the course of parliamentary proceedings.
This immunity is not absolute. It applies only to activities that are part of "proceedings in Parliament." It does not protect members from prosecution for criminal acts unrelated to their parliamentary duties.
Scope and Limits of Parliamentary Privilege
What Is Covered?
Parliamentary privilege covers:
- speeches, debates, and votes in Parliament
- committee work and reports
- official parliamentary publications
It does not cover:
- statements made outside Parliament (e.g., to the press)
- criminal acts unrelated to parliamentary business
- administrative decisions by parliamentary officials (unless directly connected to proceedings)
Relationship with the Courts
Courts cannot question or investigate what is said or done in Parliament. This is known as the "non-interference" rule. However, courts may interpret the scope of privilege and decide whether a particular activity falls within "proceedings in Parliament."
Limits and Accountability
Parliamentary privilege is not a shield for criminal conduct. In R v Chaytor [2010] UKSC 52, the Supreme Court held that MPs could not use privilege to avoid prosecution for expenses fraud, as such actions were not part of parliamentary proceedings.
Parliament has its own disciplinary mechanisms, such as the Parliamentary Commissioner for Standards and the Committee on Standards, to investigate and sanction misconduct by members.
Parliamentary Privilege and Central Government Accountability
Parliamentary privilege is essential for effective scrutiny of central government. It allows MPs and peers to:
- question ministers robustly
- debate government policy without fear of legal reprisals
- investigate executive actions through select committees
This independence supports the separation of powers and ensures that the executive can be held to account by the legislature.
However, privilege must be balanced with the need for transparency and accountability. Parliament has developed internal mechanisms, such as codes of conduct and independent standards bodies, to maintain ethical standards and address misconduct.
Contemporary Issues and Challenges
Digital Communication and Media
The rise of digital communication and social media has created new challenges for parliamentary privilege. Information can be shared instantly, blurring the line between parliamentary and non-parliamentary statements. MPs must be cautious not to assume that privilege applies to all communications.
Public Interest and the Rule of Law
There is ongoing debate about whether parliamentary privilege should ever be set aside in the public interest, especially in cases of alleged corruption or serious wrongdoing. The courts have consistently held that privilege is a matter for Parliament, not the judiciary, but public expectations of accountability continue to develop.
Worked Example 1.1
A journalist wants to sue an MP for defamation based on statements the MP made during a parliamentary debate. Can the journalist bring a claim?
Answer: No. Statements made in the course of parliamentary proceedings are absolutely protected by parliamentary privilege. The journalist cannot sue the MP for defamation for anything said in Parliament.
Worked Example 1.2
An MP is accused of submitting false expense claims. Can the MP claim parliamentary privilege to avoid criminal prosecution?
Answer: No. Parliamentary privilege does not protect MPs from prosecution for criminal acts that are not part of parliamentary proceedings. Submitting false expense claims is not covered by privilege.
Exam Warning
Parliamentary privilege does not protect members from legal action for activities outside the scope of parliamentary proceedings. Do not assume that all actions by MPs are immune from court scrutiny.
Revision Tip
When answering SQE1 questions, always identify whether the activity in question is part of "proceedings in Parliament." Privilege applies only to official parliamentary business.
Key Point Checklist
This article has covered the following key knowledge points:
- Parliamentary privilege is based on Article 9 of the Bill of Rights 1689.
- The main principles are freedom of speech in Parliament, exclusive cognisance, and immunity from legal action for parliamentary proceedings.
- Privilege covers only official parliamentary business, not statements or actions outside Parliament.
- Courts cannot question or investigate parliamentary proceedings, but may interpret the scope of privilege.
- Privilege does not shield MPs from prosecution for criminal acts unrelated to their parliamentary duties.
- Parliamentary privilege supports central government accountability by enabling robust scrutiny of the executive.
- Parliament has internal mechanisms to address misconduct and maintain ethical standards.
Key Terms and Concepts
- parliamentary privilege
- freedom of speech (Parliament)
- exclusive cognisance
- immunity from legal action (Parliament)
