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HOUSE OF LORDS - United Kingdom Parliament

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Wilful failure to attend committee proceedings or answer questions or<br />

produce documents may be punished by the House.<br />

Disciplinary and penal powers<br />

12.11 The House’s disciplinary and penal powers are part of the control<br />

exercised by <strong>Parliament</strong> over its affairs. Conduct, whether of a member<br />

or non-member, which improperly interferes with the performance by<br />

either House of its functions, or the performance by members or staff of<br />

their duties, is a contempt of <strong>Parliament</strong>. The House of Lords has the<br />

power to punish contempts by imprisonment, fine and reprimand.<br />

Periods of imprisonment imposed by the House do not end with the<br />

prorogation of <strong>Parliament</strong>.<br />

12.12 The House possesses an inherent power to discipline its members;<br />

the means by which it does so are described in Chapter 5.<br />

12.13 A member can be disqualified temporarily either by statute or at<br />

common law, for reasons such as bankruptcy. Holders of a disqualifying<br />

judicial office and Members of the European <strong>Parliament</strong> are similarly<br />

disqualified (see paragraph 1.02). The House has expressed the opinion<br />

that privilege would not protect a member of the House suffering from<br />

mental illness from detention under the Mental Health Act 1983 and<br />

while so detained from disqualification for sitting and voting in<br />

<strong>Parliament</strong>. 1<br />

Privilege of peerage<br />

12.14 Privilege of peerage, which is distinct from parliamentary privilege,<br />

still exists although the occasions for its exercise have now diminished<br />

into obscurity. Privilege of peerage belongs to all peers, whether or not<br />

they are members of the House of Lords, and also to the wives of peers<br />

and widows of peers provided they do not marry commoners. 2 The<br />

extent of the privilege has long been ill-defined. Three of its features<br />

survived into the twentieth century. The first was the right of trial by<br />

peers which was abolished by statute in 1948. The second is the right of<br />

access to the Sovereign at any time. The third is freedom from arrest in<br />

civil matters; but the application of this aspect of the privilege appears to<br />

1 Privileges Rpt 1983–84.<br />

2 SO 83.<br />

231

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