Parliamentary Privilege in UK Law

Leading Cases
  • Buchanan v Jennings
    • Privy Council
    • 14 July 2004

    In such a case there will inevitably be an inquiry at the trial into the honesty of what the defendant had said, and if the defendant's extra-parliamentary statement is found to have been untrue or dishonest the same conclusion would ordinarily, although not always, apply to the parliamentary statement also.

  • R (Wheeler) v Office of the Prime Minister
    • Queen's Bench Division (Administrative Court)
    • 25 June 2008

    In our judgment, it is clear that the introduction of a Bill into Parliament forms part of the proceedings within Parliament. To order the defendants to introduce a Bill into Parliament would therefore be to order them to do an act within Parliament in their capacity as Members of Parliament and would plainly be to trespass impermissibly on the province of Parliament.

  • R v Chaytor and Others
    • Supreme Court
    • 01 December 2010

    In considering whether actions outside the Houses and committees fall within parliamentary proceedings because of their connection to them, it is necessary to consider the nature of that connection and whether, if such actions do not enjoy privilege, this is likely to impact adversely on the core or essential business of Parliament.

  • Scott Henley-Smith v Secretary of State for Justice
    • Queen's Bench Division (Administrative Court)
    • 28 July 2017

    If the Court upheld this ground, it would have the effect of preventing the Defendant from laying an order before Parliament unless or until he had undertaken a consultation exercise, even though there was no statutory duty to consult, because otherwise he would be acting unlawfully. Thus, the consequence of allowing the Claimant's claim was an interference by the Court with Parliamentary proceedings, which was contrary to Parliamentary privilege and the separation of powers.

  • R Amrik Singh Gill (on Behalf of the Sikh Federation UK) v Cabinet Office
    • Queen's Bench Division (Administrative Court)
    • 12 December 2019

    In my judgment, this is not an exceptional case which justifies any departure from the general rule that this Court will respect the separation of powers and so not interfere with Parliamentary proceedings. Under this legislative scheme, no justiciable decision has been made. The Minister has not yet made a draft Order in Council, unlike Smedley. In those circumstances, I do not consider it would be appropriate to reject the Defendant's submission on grounds of urgency.

  • Wilson v First County Trust Ltd (No 2)
    • House of Lords
    • 10 July 2003

    In particular, it is a cardinal constitutional principle that the will of Parliament is expressed in the language used by it in its enactments. The proportionality of legislation is to be judged on that basis. The courts are to have due regard to the legislation as an expression of the will of Parliament. The court is called upon to evaluate the proportionality of the legislation, not the adequacy of the minister's exploration of the policy options or of his explanations to Parliament.

  • Office of Government Commerce v Information Commissioner
    • Queen's Bench Division (Administrative Court)
    • 11 April 2008

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Legislation
  • Parliamentary Privilege Act 1770
    • UK Non-devolved
    • January 01, 1770
  • Parliamentary Privilege Act 1737
    • UK Non-devolved
    • January 01, 1737
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... of sensitive information include—(a) items subject to legal privilege,(b) any information identifying or confirming a source of journalistic ... 26(3)(e) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... has reasonable grounds for believing is an item subject to legal privilege.(9) An immigration officer may retain a document seized under this ... 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u) ... Parliamentary Commissioner Act 1967 (c. 13) ... (2) In the Parliamentary Commissioner ... ...
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