Washminster

Washminster
Washminster

Wednesday 1 December 2010

Parliamentary Privilege - the unsuccessful claims

Each claims that criminal proceedings cannot be brought against him because they infringe parliamentary privilege...

The defendants contend that the Crown Court has no jurisdiction to try them in respect of these charges on the ground that this would infringe parliamentary privilege. This claim to privilege has two bases. The first is article 9 of the Bill of Rights 1689 (“article 9”). This provides:

“That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.”

The defendants further rely on privilege that has its origin before 1689 and which is wider than, and embraces, article 9. This has customarily been described as the “exclusive cognisance of Parliament”