HOUSE OF LORDS - United Kingdom Parliament

CHAPTER 12
PARLIAMENTARY PRIVILEGE AND
RELATED MATTERS
Privilege of Parliament
12.01 In order to carry out its duties, Parliament and its members and
staff need certain rights and immunities. These are known as
parliamentary privilege. It is a basic principle that parliamentary privilege is
the privilege of the House as a whole and not of the individual member 1
and that the protection afforded by privilege is no more than Parliament
needs to carry out its functions effectively. Privilege extends to the staff of
the House in carrying out their duties and to witnesses and parties
attending the House or a committee. But parliamentary privilege does
not protect the activities of individuals, whether members or nonmembers,
simply because they take place within the precincts of
Parliament. Privilege is intended to protect each House in respect of the
conduct of its internal affairs.
12.02 In general, the House of Lords enjoys the same parliamentary
privileges as the House of Commons. These privileges include:
freedom of speech 2 ;
control by the House of its affairs (“exclusive cognisance”);
power to discipline its own members for misconduct and punish
anyone, whether a member or not, for contempt of Parliament;
exemption from Acts of Parliament within the precincts of either
House unless there is express provision that they should apply;
freedom from interference in going to, attending at, and going
away from Parliament;
freedom from arrest in civil cases;
exemption from subpoenas to attend court as a witness;
1 For this reason privilege of Parliament does not extend to minors or the husbands, wives,
widows or widowers of members of the House (SO 83).
2 But see sub judice rule, paragraphs 4.60–4.64.
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