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Proceeding contribution from Lord Bellingham (Conservative) in the House of Commons on Wednesday, 21 October 2009. It occurred during Adjournment debate on English Libel Law (Parliamentary Proceedings).


English Libel Law (Parliamentary Proceedings)

My hon. Friend has made his point very well. In my two remaining minutes, I wish to say a little about parliamentary sovereignty. Can Parliament ever be gagged or muzzled? The answer, manifestly, is no. Parliamentary privilege is one of the cornerstones of our ancient democracy. It is a vital part of Parliament's sovereignty as the highest court in the land. Without it, we would not be able to hold the Executive to account or stand up for our constituents. The hon. Member for Somerton and Frome (Mr. Heath) gave us a fascinating history lesson on the reporting of Parliament. Of course, everything in Parliament has to be reported. With television and radio, nothing that is said in Parliament will ever go unreported. Cynics would say that the best way to keep a secret would be to announce it in the Chamber, given the interest that some of the parliamentary press take in parliamentary proceedings. On the sub judice rule, we have Clerks to advise the Speaker and the Chairmen of Committee and Westminster Hall sittings, such as you, Mr. Gale. It was open to the Clerks in the Table Office to point out to the hon. Member for Newcastle-under-Lyme (Paul Farrelly) that his question could have been subject to the sub judice rule. They decided not to do so. Perhaps the correspondence we are discussing has given Mr. Speaker an opportunity to clarify how the sub judice rule affects parliamentary proceedings. A number of recent cases have troubled me. In some cases, Mr. Speaker has been advised to shut the Member up and in others, the Member has been allowed to speak about a case or proceedings that affect his or her constituents. We need clarity on that point. I hope that the Minister will be robust and brave and say without any equivocation or doubt that Parliament cannot be fettered in this way. I hope she makes it crystal clear that no court order in the land can delay or interfere with parliamentary proceedings or the reporting of them. As my hon. Friend the Member for Aldershot (Mr. Howarth) mentioned, with the rights and powers that hon. Members have come responsibilities and duties. All hon. Members must be incredibly discerning and responsible when it comes to exercising those rights and privileges, which is why judgment, common sense and statesmanship are the order of the day.


Secondary information

Type
Proceeding contribution
Reference
497 c292WH 
Session
2008-09
Chamber / Committee
Westminster Hall
Subjects
Defamation Injunctions Parliamentary privilege Press freedom Parliamentary questions Parliamentary reporting The Guardian Trafigura Carter-Ruck Solicitors
Link
View this Proceeding contribution on www.publications.parliament.uk