Parliamentary Privilege

Introduction

**Parliamentary privilege** is a **legal immunity** enjoyed by members of certain legislatures, under which legislators are protected against **civil or criminal liability** for actions done or statements made in the course of their legislative duties. It is an essential part of **parliamentary democracy**, ensuring that **Members of Parliament can speak freely** in debate and protecting **Parliament's internal affairs** from interference by the courts. This chapter examines the **two core limbs** of the privilege — **freedom of speech** (Article 9 of the **Bill of Rights 1689**) and **exclusive cognisance** — together with their historical evolution, modern examples, the key case law, and the position in the devolved legislatures.

Assessment focus

For the SQE1 FLK1 assessment, you must understand **parliamentary privilege** as a feature of the **UK constitution** and a practical aspect of the relationship between **Parliament and the courts**. You should be able to state the source of the privilege — **Article 9 of the Bill of Rights 1689** ('proceedings in Parliament … ought not to be impeached or questioned in any court or place out of Parliament') — and to apply it to **client-based scenarios**, most commonly a threatened **defamation claim** arising from words spoken in the House. You should also be able to distinguish **freedom of speech** from **exclusive cognisance** and to recall that, following **R v Chaytor [2010] UKSC 52**, privilege does **not** shield ordinary criminal conduct (such as false expenses claims). SBAQs require you to **apply** the privilege rather than merely recite it.

Study tips

1) Memorise the source: **Article 9 of the Bill of Rights 1689** — proceedings in Parliament are **not to be impeached or questioned in any court or place out of Parliament**. 2) Distinguish the **two limbs**: **freedom of speech** (protects what is said) and **exclusive cognisance** (Parliament regulates its own internal affairs). 3) Remember that the privilege of **freedom from arrest** applies only to **civil**, not criminal, matters. 4) Note the key authorities: **Strode's Case (1512)**, **Stockdale v Hansard (1839)**, the **Parliamentary Papers Act 1840**, and **R v Chaytor [2010] UKSC 52** (privilege does **not** cover criminal fraud). 5) For the **devolved legislatures**: MSPs do **not** enjoy parliamentary privilege, but the **Scotland Act 1998** confers statutory protection for debate and reporting (and similar protections exist for Wales and Northern Ireland).