section 7:
section 8:
t
but the service of Members upon juries not being absolutely necessary, their more immediate duties in Parliament are held to supersede the obligation of attendance in other courts, and this privilege has been confirmed by statute."
It preserves the rule that members and officers of the Council cannot be compelled to give evidence elsewhere regarding proceedings in the Council and its committees without the Special leave of the Council. Erskine May (pp.
(pp. 93, 94 states
"The practice of the Commons regarding evidence sought for outside the walls of Parliament touching proceedings which have occurred therein also conforms to Article 9 of the Bill of Rights. This fact is well recognized by the courts, which have held that Members cannot be compelled to give evidence regarding proceedings in the House of Commons without the permission of the House. The meaning of the term 1
proceedings in Parliament' has not been expressly defined by the courts, although they have decided that various specific matters connected with Parliament do or do not fall within the ambit of its 'proceedings'.
The rights of the House of Commons are emphasized by the resolution of session 1818 which directs that no clerk or officer of the House, or shorthand writer employed to take minutes of evidence before the House, or any committee thereof, shall give evidence elsewhere, in respect of any proceedings or examination had at the bar, or before any committee of the House, without the special leave of the House.
During the recess, however, it has been the practice for the Speaker, in order to prevent delays in the administration of justice, to allow the production of minutes of evidence and other documents, on the application of the parties to a private suit.
This defines the right of the public to attend sittings of the Council in a positive way but subject to necessary restrictions. Erskine May (pp. 83, 226, 227) states -
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