The Structure of Privilege

The privileges of the House can be examined from two vantage points: the rights and immunities of its individual Members and the rights of the House in its collective capacity. Within this framework, the individual Member’s rights are subordinate to those of the House as a whole in order to protect the collectivity against any abuses by individual Members. For instance, a Member’s individual privileges may be considered suspended if the House orders that Member to attend in his or her place or at the Bar of the House140 and answer questions demanded by the House. It is extremely rare, however, that the rights of the House collectively will be used to override those of an individual. Some of these immunities are applicable to House officials and to individuals summoned by the House on official business.141

In addition, both the House in its collective capacity and Members individually have the responsibility to not abuse their rights and immunities, particularly freedom of speech.142 Members should avoid any arrangement which might limit their independence as Members,143 they should not raise trivial matters as matters of privilege or contempt, and they should not use the privilege of freedom of speech to be unfairly critical of others in debate. The House should exercise its powers with regard to privilege and contempt sparingly and ensure that when exercising its power to punish for contempt, the action it orders is appropriate to the offence.144