Parliamentary privilege refers to the unique rights and powers that belong to Parliament, and its Members, and that enable it to fulfil its role. It is important that in its core role each House regulates its own proceedings, and the courts respect that sovereignty. It is also important that Members respect the role and independence of the courts.
The main aspect of privilege that is relevant to your everyday work as an MP is freedom of speech. Although privilege is not based on statute, this freedom of speech and power of self regulation is set out in statue in Article IX of the Bill of Rights 1689, which states that "the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or placed outside Parliament".
The House has power to regulate the behaviour of its Members and has agreed a Code of Conduct for MPs. The Code requires MPs to observe the seven principles of public life and also the parliamentary Behaviour Code, which calls for respect, professionalism, understanding of others’ perspectives, courtesy and acceptance of responsibility.
MPs are protected by privilege only when they are engaged in proceedings in Parliament, and have no special protection for anything they do outside those proceedings.
It’s important to remember that only matters directly connected with formal activities of the House or of Committees the House itself appoints are proceedings. This means that the protections of privilege don’t apply to some things you might expect to be covered.
Privilege does not apply to:
- correspondence with constituents or ministers
- tweets or other things posted on social media
- party meetings
- reports and activities of all-party parliamentary groups
- statements made to the media, whether on or off the parliamentary estate
The courts ultimately decide the boundaries of “proceedings”.
MPs have no immunity from the criminal law, although they can't be compelled to give evidence in court proceedings if they do not wish to do so.
The way privilege applies can be complex and if you need advice, or have questions about a particular case, you can contact the Clerk of the Journals.