Proceeding contribution from Alistair Carmichael (Liberal Democrat) in the House of Commons on Monday, 29 June 2009. It occurred during Debate on bill on Parliamentary Standards Bill.
Parliamentary Standards Bill
The Committee goes on to make that point at some length in paragraph 284. I would say to the hon. Gentleman and to the Secretary of State that if there is one thing that is more dangerous than this House not acting, it is this House acting in a way that is seen to be deficient and is subsequently open to challenge. The interface that we reach between judicial and parliamentary proceedings is absolutely fascinating, and the Clerk of the House deals with it in his memorandum to Members. Let me draw the House's attention to his observations on clause 10:""Clause 10(c) allows any evidence of proceedings in Parliament to be admissible in proceedings for an offence under clause 9. This is a very wide qualification of the principle under Article IX of the Bill of Rights that such evidence is not admitted. It would mean that the words of Members generally, the evidence given by witnesses (including non-Members) before committees and advice given by House officials on questions, amendments and other House business could be admitted as evidence in criminal proceedings. This could have a chilling effect on the freedom of speech of Members and of witnesses before committees and would hamper the ability of House officials to give advice to Members."" One must therefore imagine that if the procedures that flow from the implementation of offences under clause 9 are to be in accordance with the normal principles of fairness in relation to admissibility of evidence, it will not be the case, for example, that somebody who is being investigated by the parliamentary authorities will be given a caution. Will they be told that they are not required to say anything before they answer questions from the parliamentary authorities?
Secondary information
- Type
- Proceeding contribution
- Reference
- 495 c74
- Session
- 2008-09
- Chamber / Committee
- House of Commons chamber
- Subjects
- Complaints Admissibility of evidence Codes of practice Conduct Allowances Advocacy Committee on Standards in Public Life House of Commons Misconduct Pay Public appointments Members Members' interests Parliamentary scrutiny Parliamentary privilege Standards Regulation Committee on Standards and Privileges Senior Salaries Review Body Fees Office Justice Committee Independent Parliamentary Standards Authority Commissioner for Parliamentary Investigations Kelly, Christopher
- Legislation
- Parliamentary Standards Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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