12.
- 4
Part
section 3:
Part 3 Comparative Analysis
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II of the Ordinance is made up as follows
It restates the former law, cited in Erskine May as follows (p. 1)
"The 9th Article of the Bill of Rights reinforced the statute of 4th Henry VIII, by giving its sanction to the Commons' claim to exclusive jurisdiction over words spoken in their own House. Its terms apply equally to the jurisdiction of the Lords in their House. Furthermore, this article comprised within such exclusive jurisdiction
'proceedings in Parliament' - a term which connotes more than speeches and debates. The interpretation of 'proceedings in Parliament' has raised difficulties, and been the subject of decisions both by the Courts and in Parliament. Recognition of the right of each House itself to adjudicate upon the conduct of its members in their Parliamentary capacity may also be found in this Article."
section 4:
section 5:
It prohibits legal proceedings being instituted against members for what is said or done in the Council and its committees. Erskine May (p. 82) states -
"The absolute privilege of statements made in debate is no longer contested, but it may be observed that the privilege which formerly protected Members against action by the Crown now serves largely as protection against prosecution by individuals or
corporate bodies. Subject to the rules of order in debate, a Member may state whatever
he thinks fit in debate, however offensive
it may be to the feelings, or injurious
to the character, of individuals; and he is protected by his privilege from any action for libel, as well as from any other question or molestation."
It is designed to protect members against arrest when attending, or going to or from, a sitting of the Council or a committee. Erskine May (p. 97) states -