Parliamentary Privilege Report


  47.  One thread has run through much of the analysis of this paper. For very many years it has been successfully argued that it was inappropriate to codify privilege in a statute. The Committee might wish to reconsider whether this principle remains valid, or at least as valid as it was. Circumstances may have altered the balance of advantage. One of the principal objections, that legislating will take decisions from the House and give them to the courts, will remain. On the other hand, there may be ways of limiting that effect which could be explored.

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Prepared 9 April 1999