Parliamentary Privilege and MPs' Conduct

Parliamentary privilege is a set of legal immunities and rights that protect MPs and peers in the exercise of their parliamentary duties. It is a fundamental feature of the UK constitution, ensuring that parliamentarians can debate freely without fear of legal action. However, privilege has also been the subject of controversy, particularly in relation to MPs' conduct, expenses, and standards. This lesson examines the nature, purpose, and limits of parliamentary privilege and the mechanisms for regulating MPs' behaviour.

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What Is Parliamentary Privilege?

Parliamentary privilege consists of two main elements:

1. Freedom of Speech (Article 9 of the Bill of Rights 1689)

Article 9 states: "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 means:

• MPs and peers can say anything during parliamentary proceedings without fear of being sued for defamation or prosecuted.
• Evidence given to select committees is protected.
• Proceedings in Parliament cannot be used as evidence in court.

Purpose: Freedom of speech in Parliament is essential for democratic accountability. MPs must be able to question the powerful, expose wrongdoing, and raise sensitive issues without fear of legal consequences.

Examples of parliamentary privilege in use:

• In 2011, John Hemming MP used parliamentary privilege to name the footballer Ryan Giggs in connection with a privacy injunction, after the identity had been widely discussed on social media but could not be legally reported by the press.
• Lord Hain used parliamentary privilege in 2018 to name Sir Philip Green as the businessman behind a non-disclosure agreement relating to allegations of sexual harassment and racial abuse.
• MPs have used privilege to name individuals and companies involved in tax avoidance, corruption, and other matters that could not be reported due to legal restrictions.

2. Exclusive Cognisance (Self-Regulation)

Parliament has the right to regulate its own affairs without interference from the courts. This includes:

• Controlling its own procedures and business.
• Disciplining its own members.
• Determining questions of privilege.

This principle means that courts generally cannot interfere with Parliament's internal proceedings.

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Limits of Parliamentary Privilege

Parliamentary privilege is not unlimited:

1. It protects parliamentary proceedings, not all MP behaviour. Privilege does not protect MPs outside the chamber — for example, statements made in media interviews, on social media, or at constituency events are not protected.

2. Criminal law still applies. MPs can be prosecuted for criminal offences. The expenses scandal (2009) demonstrated this — several MPs and peers were prosecuted and imprisoned for fraudulent expenses claims, despite attempts to invoke parliamentary privilege as a defence. The Supreme Court ruled in R v Chaytor [2010] that expenses claims were not protected by parliamentary privilege.

3. Abuse of privilege. If an MP abuses privilege by making false or reckless allegations under its protection, they may face censure from the House (though not legal action).

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The MPs' Expenses Scandal (2009)

The expenses scandal was a watershed moment for parliamentary conduct. In May 2009, the Daily Telegraph published leaked details of MPs' expenses claims, revealing widespread abuse of the system:

• Claims for "flipping" second homes (designating different properties to maximise expenses).
• Claims for moat cleaning, duck houses, and other luxury items.
• Some claims were fraudulent — several MPs and peers were prosecuted and imprisoned.

Consequences:

• Public trust in Parliament collapsed to historically low levels.
• The Independent Parliamentary Standards Authority (IPSA) was created by the Parliamentary Standards Act 2009 to regulate and administer MPs' pay and expenses, replacing the discredited system of self-regulation.
• The scandal contributed to the Wright Committee reforms (2010), which strengthened select committees and backbench independence.
• Many MPs stood down or were deselected before the 2010 general election.

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Standards and Conduct: The Regulatory Framework

The Parliamentary Commissioner for Standards

The Parliamentary Commissioner for Standards investigates complaints about MPs' conduct in relation to the Code of Conduct for Members of Parliament. The Code covers: