Privilege

Debate between Kevin Brennan and Louise Mensch

Tuesday 22nd May 2012 Commons Chamber

[Louise Mensch]

The situation is not quite as simple as a simple perjury charge, which would apply on any occasion that one gave evidence under oath. The case in the United States refers specifically to contempt of Congress, which in respect of Parliament is the offence that we should create. As a corollary, does the hon. Gentleman not agree that there must be grave disquiet when a non-judicial body, such as Parliament, agrees to imprison a person? Does he agree also that the offence should be prosecuted by a prosecutor and decided by the courts in the normal way—after it has been committed against Parliament?

[Kevin Brennan]

I am not quite sure how the hon. Lady disagrees with me, to be perfectly honest. As I pointed out earlier, there is an Act of Parliament in place, the Parliamentary Witnesses Oaths Act 1871, which means that oaths can be taken before Select Committees, and any false evidence given under those oaths would be subject to prosecution under the Perjury Act 1911. If she would prefer to substitute a criminal offence of contempt of Parliament for that, I would be perfectly happy, but my point is that I feel uneasy that the only option available to us, because in the case before us an oath was not taken, is referral to the Committee on Standards and Privileges and the possibility of Parliament having to consider using that rarely used power of imprisonment.