Injunctions
Stuart Bell Excerpts(13 years, 6 months ago)
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The Attorney-General
I have to say to my right hon. Friend that my reading of what was said is rather different. In the clearest and most unequivocal terms, both the Lord Chief Justice and the Master of the Rolls spelled out the existing fact: that the privilege we have under article 9 of the Bill of Rights is unimpeachable in any court in respect of what is said in this Chamber. The control mechanism that is put in place is, in fact, entirely dependent on yourself, Mr Speaker. That then raises the question of the extent to which there is a necessity, by convention, for comity, whereby this House, through Mr Speaker’s authority, respects the rulings of other courts, being a court itself. As I understand it, there has never been any suggestion that any of the proposals being put forward call into question those basic principles. Indeed, as I pointed out in an earlier answer, the evidence is pretty overwhelming that where there is a lack of clarity in this area in terms of communication between constituent and Member of Parliament, there seems to be a universal view that it would be well if we could clarify things, and the Government recognise that.
Sir Stuart Bell (Middlesbrough) (Lab)
We welcome the Attorney-General’s clarification, but is it not a fact that if we continue to use parliamentary privilege to usurp court orders, we are not only bringing Parliament and the courts into conflict, but interfering with the separation of powers. Is that desirable or is it not?
The Attorney-General
I would assume that across the House it would be considered that the abuse of parliamentary privilege to subvert court orders made with the express intention of implementing Parliament’s legislation through the courts is improper. Ultimately, however, that is a matter for this House and Mr Speaker to regulate, and it is through our own mechanisms that we do so; that is the right and privilege we have. I certainly agree with the hon. Gentleman that it is a privilege that must not be abused.