Legal Definitions - parliamentary privilege

Parliamentary privilege refers to a set of special legal rights, immunities, and powers enjoyed by members of a legislative body (such as a parliament or congress) and, in some cases, by the institution itself. These privileges are fundamental to the functioning of a democratic government, as they are designed to protect the independence and effectiveness of the legislative branch. They ensure that lawmakers can perform their duties, debate freely, and hold the government accountable without fear of legal repercussions, intimidation, or interference from external parties or other branches of government.

Here are some examples illustrating parliamentary privilege:

• Example 1: Freedom of Speech in Debate

  Imagine a Member of Parliament (MP) stands up in the House of Commons and delivers a passionate speech, accusing a powerful multinational corporation of engaging in widespread tax evasion and exploiting workers in developing countries. The MP presents what they believe is compelling evidence, and their statements, if made outside of parliament, could potentially be considered defamatory or libelous by the corporation.

  This illustrates parliamentary privilege because the MP is protected by freedom of speech within the legislative chamber. This privilege means the corporation cannot sue the MP for defamation based on the statements made during that parliamentary debate. This immunity allows lawmakers to speak candidly, critically, and without fear of legal reprisal on matters of public interest, ensuring robust debate and the ability to scrutinize powerful entities.

• Example 2: Immunity from Arrest in Civil Matters

  Consider a Senator who is involved in a civil dispute over a property boundary with a neighbor. The neighbor initiates a lawsuit, and a court order is issued for the Senator's appearance. However, the Senate is currently in an urgent session to pass critical legislation addressing a national emergency.

  This illustrates parliamentary privilege because, in many jurisdictions, members of parliament are granted immunity from arrest or detention in civil matters while the legislature is in session. This privilege ensures that the Senator cannot be arrested or detained for the civil lawsuit during the crucial legislative session, allowing them to fulfill their constitutional duties without interruption. It's important to note that this immunity typically does not extend to criminal offenses.

• Example 3: Control Over Internal Proceedings

  During a particularly contentious committee hearing, a Member of Congress repeatedly interrupts other members, ignores the committee chair's warnings, and uses language deemed unparliamentary according to the chamber's rules. The committee, following its established procedures, votes to formally censure the member and temporarily suspend their voting rights within that specific committee.

  This illustrates parliamentary privilege because it grants the legislative body the authority to regulate its own internal affairs, maintain order, and discipline its members without interference from external courts or other branches of government. The committee's decision to censure and suspend the member, based on its own rules and procedures, is an exercise of this privilege, ensuring the legislature can govern itself and maintain the decorum necessary for its work.