Privileges — House of Commons, 2016-10-27
Topic: Mixed Topics
David Roy Lidington (Conservative, Centre-right): The right hon. Gentleman, who is Chair of the Committee of Privileges, is absolutely right in what he says The former Clerk to this House, Lord Lisvane, made his view on this matter clear when he sent written evidence to the Liaison Committee. He said that the approach of summoning someone to the Bar of the House would, in his view, risk being a pantomime. The problem that I have in moving today to accept the arguments put forward by the hon. Member for Rhondda, my hon. Friend the Member for Shipley and others is that we would be testing, without some careful thought and consideration, the House’s power to enforce such a summons at all. The Serjeant at Arms does not have a power in law to take someone by the shoulder and force them to attend the House if they choose not to do so. Indeed, I have seen advice that suggests that, under such circumstances, the Serjeant at Arms or their team would themselves be at risk of criminal proceedings were they to seek to effect the forceful attendance of somebody summoned to the Bar of the House I know that there are also some Members who believe that we should go even further than just summoning individuals to the Bar. They would like to take the radical step, which has been taken by some other jurisdictions, of enshrining the penal powers of the House in statute. It is a model that has been adopted to a greater or lesser extent by some other democratic legislatures. The United States Congress claims an inherent power to punish contempts, but it relies on the courts of the United States to enforce it. The information that I have is that the courts consider such requests from Congress, but they do not grant every such request, and they examine and test to their satisfaction the evidence on which a request is based In Australia, there is a criminal offence of contempt of the legislature, with powers to deal with such contempt, such as fines or imprisonment; but there are fundamental consequences to legislating and, as a result, risking drawing in the courts in a way that may start to encroach on parliamentary privilege and the principle laid down in the Bill of Rights in 1689 that proceedings in Parliament, whether in this Chamber or in Committees, may not be questioned in any court of law. As the House knows, these are issues that the Government have previously considered—in their 2012 Green Paper on parliamentary privilege and in their response to a 2013 report by the Joint Committee on Parliamentary Privilege Now, it is ultimately, as the hon. Member for Rhondda said, for the House to decide how it wishes to deal with contemnors, by directing the Committee of Privileges to look into the issue by virtue of Standing Order No. 148A. However, I think the right way to proceed—and my advice to the House today—would be to ask our Privileges Committee to examine these questions of the exercise of penal powers carefully; to hear representations —from those such as the Members who have intervened on me—to go further; and then to come back with a report and, if the Committee thinks appropriate, recommendations to the House, so that we could take a decision at that point, after serious examination of our traditions and practices, of the law in this country, including human rights law, and of the practice of other democratic jurisdictions.