1.
The nature of privileges of the House of Commons
Each
House exercises certain powers and privileges which are regarded as essential
to the dignity and proper functioning of parliament. The Members also have
certain privileges, although theses exist for the benefit of the House and not
.for the personal benefit of the Members. Parliamentary privilege consists of
the rights and communities which Parliament, its Members and officers possess to
enable them to carry out their parliamentary functions.
2. The privileges of the House of Commons
The
privileges of the Commons have been described as the sum of the fundamental
rights of the House and of its individual Members as against the prerogatives
of the Crown, the authority of the ordinary courts of law and the special
rights of the House of Lords.
At
the opening of a new parliament the Speaker claims in the name and on behalf of
the commons their "ancient and undoubted" privileges, in particular
to
i.
Freedom of speech in debate
ii.
Freedom from arrest
iii.
Access of the Commons to the Crown through the Speaker; and
iv.
That the Crown will place the best construction on the deliberation of the
Commons.
a. Additional
privileges
Additional
privileges not specifically claimed by the Speaker are:
i. The
right of the House to regulate its own composition;
ii. The
right to take exclusive cognizance of matters arising within the House;
iii.
The right to punish Members and strangers for breach of privileges and
contempt; and
iv.
The right to control finance and initiate financial legislation.
3. Freedom of speech and debate
Freedom
of speech and debate is the essential attribute of every free legislature, sand
may be regarded as inherent in the constitution of Parliament. The members of
the House of Commons enjoy exclusive freedom of speech.
4.
Proceeding sin Parliament
What
is said provided 'it is part of a debate or "proceeding reasonably clear
that certain activities including: speaking in a debate, voting, giving notice
of a motion, presenting petitions or committee reports, taking part in
committees nominated or appointed by either House, asking parliamentary
questions.
5. Explanation of the privileges
The
privileges of the House of Commons may be explained as under
a. Bribery
It
is contempt of the Parliament, punishable by Parliament to tribe a Member of
either House and for a Member to accept such a bribe.
b. Right
cu exclude strangers
The
Commons has always exercised the right to exclude strangers, that is, persons
who are not Members or officers of the House.
This
may be regarded both as a corollary to the principle of freedom of speech, and
as necessary for the orderly conduct of business where there is a danger of
disorderly interruption.
c.
Reporting Parliament and the publication of parliamentary paper
Another
corollary of the privilege of freedom of speech and the right of Parliament to
control its own affairs was the right to restrain the publication of reports of
proceedings.
d.
Broadcasting of Proceedings
Regular
sound broadcasting from both Houses started in 1978, television broadcasting
from the House of' Lords in 1968, and the commons in 1989.
6. Freedom from arrest
Freedom
from civil arrest was in former times an important privilege necessary for the
proper functioning of Parliament, because arrest 'was often part of the process
for commencing civil proceedings by compelling the appearance, of the defendant
before the court, and also of distress, that is, enforcing a money judgment.
The
privilege of freedom from arrest has never been allowed to interfere with the
administration of criminal justice, emergency legislation or contempt of court
where the sentence is of a quasi-criminal nature.
7. Right of the House to regulate its own composition
The
right of the House of Commons to regulate its own affairs may be described as
under:
a.
Filling casual vacancies
The
speaker issues a warrant for the issue of a writ for an election to fill a
casual vacancy.
b. Determination
of disputed elections
The
right of the Commons to decide question of disputed election returns
established in 1604.
c.
Determination of legal disqualification
The
House retains the right to determine of its own motion whether a person, who
has otherwise been property elected to legally disqualification from sitting.
d.
Expulsion of members who are unfit to serve
The
House may also expel a member, who, although not subject to any legal
disability, is in its opinion unfit to serve as a member.
e.
Exclusive right to regulate its own proceedings
Free
speech in parliament is one aspect of a wider principle that what happens
within parliament is controlled by parliament and is not review able by the
courts.
f.
Parliament's disciplinary and penal powers
Each
House has power to enforce it privileges and to punish those, whether members
or strangers, who infringe them. Each House also has .power to punish members
or strangers for contempt. Some of the examples of Contempt of the House are as
under:
Examples
of contempt
The
following is a list of some types of contempt
i. disorderly
or disrespectful conduct by strangers, parties or witnesses, in the presence of
the House or one of its committees;
ii. The
refusal of a witness to answer questions from a committee, to produce documents
or to give false evidence;
iii.
Disobedience to the rules or wishes of either House, for, e.g. to attend a
committee when summoned to do so;
iv. Publication
of false or perverted report of debates;
v. molesting
a member of the House while he -is going to or from it;
vi. Bribery
of a member (this would be contempt both by the member accepting and by the
person giving the bribe);
vii.
Intimidation of members, or putting pressure on a member to execute his duties
in. a certain way;
viii.
Molesting or taking judicial proceedings against officers of either House in
connection with their official conduct;
ix.
Obstructing or molesting witnesses summoned to either House or a committee
thereof.
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