Parliamentary Privilege - Privileges of The UK House of Commons

Privileges of The UK House of Commons

The ancient and undoubted rights and privileges of the Commons are claimed by the Speaker at the beginning of each new Parliament. The privileges are only codified in Erskine May's Parliamentary Practice and the House itself is the only judge of its own privileges. Most of those specifically claimed are practically obsolete, but others remain very real:

1. Freedom of speech; (members speaking in the House are not liable for defamation)
2. Freedom from arrest in civil matters (practically obsolete);
3. Access of the Commons to the Crown (via the Speaker); and
4. That the most favourable construction should be placed upon the deliberations of the Commons.

Privileges not specifically mentioned:

1. Right of the House to regulate its own composition; (although election petitions are now determined by the ordinary Courts)
2. Right of the House to regulate its own internal proceedings, both as to matters and procedures;
3. Right to punish members and “strangers” for breach of privilege and contempt;
4. Right of freedom from interference (although members are no longer immune from all civil actions)