Parliamentary Privilege Flashcards
(12 cards)
What is the primary purpose of parliamentary privilege?
A. To ensure Parliament can function independently and without interference from the courts
B. To allow MPs to legislate without public consultation
C. To exempt Parliament from following common law rules
D. To enable Parliament to override judicial decisions
A. To ensure Parliament can function independently and without interference from the courts
Explanation: Privilege protects Parliament’s autonomy, ensuring members can speak and act freely within its proceedings.
Which legal document forms the core basis of parliamentary privilege in the UK?
A. The Constitutional Reform Act 2005
B. The House of Commons Standing Orders
C. The Parliament Acts 1911 and 1949
D. The Bill of Rights 1689
D. The Bill of Rights 1689
Explanation: Article 9 of the Bill of Rights provides that proceedings in Parliament may not be questioned in any court.
What does the term “exclusive cognisance” mean in relation to parliamentary privilege?
A. Parliament can override constitutional statutes
B. Only the Prime Minister may regulate MPs’ conduct
C. The courts have exclusive jurisdiction over parliamentary procedure
D. Parliament has sole authority over its internal affairs and proceedings
D. Parliament has sole authority over its internal affairs and proceedings
Explanation: Exclusive cognisance means only Parliament can regulate its debates, discipline, and internal business.
An MP makes a defamatory statement during a Commons debate. Can they be sued for defamation?
A. Only if the statement is later repeated on social media
B. Only if the Speaker authorises prosecution
C. Yes, if the statement causes reputational damage
D. No, because statements made in parliamentary proceedings are protected
D. No, because statements made in parliamentary proceedings are protected
Explanation: Freedom of speech in Parliament protects members from legal liability for statements made in proceedings.
An MP submits false expense claims. Can they rely on parliamentary privilege to avoid criminal charges?
A. Yes, because all conduct by MPs is protected
B. Yes, if approved by the Standards Committee
C. No, because the action is not part of parliamentary proceedings
D. No, but only if the House of Commons consents to prosecution
C. No, because the action is not part of parliamentary proceedings
Explanation: In R v Chaytor [2010], the Supreme Court ruled that criminal conduct like false claims falls outside the scope of privilege.
What did the court confirm in Prebble v TVNZ [1995]?
A. Courts may use statements in Parliament as evidence in legal claims
B. Parliamentary privilege extends to the judiciary
C. Courts cannot question or rely on parliamentary proceedings in litigation
D. MPs are personally liable for actions in committees
C. Courts cannot question or rely on parliamentary proceedings in litigation
Explanation: The Privy Council held that courts may not examine or challenge what was said in Parliament, reinforcing Article 9.
Who benefits directly from parliamentary privilege?
A. MPs, peers, and certain parliamentary officials
B. The Crown and ministers
C. All elected representatives, including councillors
D. The judiciary and Parliament acting jointly
A. MPs, peers, and certain parliamentary officials
Explanation: Privilege protects members of both Houses and some Parliamentary staff (e.g. clerks, committee witnesses) in their official capacity.
Which of the following is not protected by parliamentary privilege?
A. A speech made by an MP during a Commons debate
B. A criminal act committed by an MP in their personal office
C. Submission of evidence to a committee
D. Oral questions asked during Prime Minister’s Questions
B. A criminal act committed by an MP in their personal office
Explanation: Privilege does not extend to criminal conduct that occurs outside official proceedings.
Can Parliament waive privilege in an individual case to allow court scrutiny?
A. Yes, if approved by a two-thirds majority
B. No, because privilege is a constitutional safeguard that cannot be waived
C. Yes, with royal approval
D. No, unless the Speaker authorises it in writing
B. No, because privilege is a constitutional safeguard that cannot be waived
Explanation: Parliamentary privilege is not a personal right, but a constitutional principle — it cannot be waived by an individual or House.
Why can an MP not be sued for defamation for comments made during a select committee session?
A. Because it is part of formal parliamentary proceedings and protected by privilege
B. Because the Speaker approved the comment beforehand
C. Because MPs have immunity from civil liability in all matters
D. Because courts cannot hear civil claims against MPs
A. Because it is part of formal parliamentary proceedings and protected by privilege
Explanation: Statements made in select committee sessions are treated as part of proceedings in Parliament and are protected by Article 9 of the Bill of Rights.
Why was R v Chaytor [2010] a landmark case for understanding the scope of privilege?
A. It confirmed that Parliament must approve all criminal prosecutions
B. It ruled that MPs can be criminally liable for conduct not part of core parliamentary functions
C. It allowed courts to determine parliamentary procedure
D. It established that all parliamentary actions are immune from scrutiny
B. It ruled that MPs can be criminally liable for conduct not part of core parliamentary functions
Explanation: The Supreme Court ruled that actions like fraudulent expenses claims were not protected by privilege because they fell outside parliamentary proceedings.
What protection is typically granted to witnesses giving evidence to a parliamentary committee?
A. They are protected under Article 9 and cannot be sued for what they say during official evidence sessions
B. They must sign a waiver of liability before speaking
C. They receive legal immunity from the police for 48 hours
D. They are protected only if their evidence is later published
A. They are protected under Article 9 and cannot be sued for what they say during official evidence sessions
Explanation: Evidence given as part of formal parliamentary proceedings is protected by privilege, ensuring open and honest contributions without legal risk.
