Nigel Farage and other MPs are mistaken over parliamentary privilege
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Version 0 of 1. Stephen Sedley writes in response to MPs threatening to name Yang Tengbo in parliament last week before the high court identified him Contrary to what Nigel Farage and many other MPs and peers appear to believe (MPs consider naming Chinese ‘spy’ linked to Prince Andrew, 15 December), there is no parliamentary privilege in our constitutional law that allows them to defy court orders or decisions if they think it right to do so. Insofar as we have a written constitution, the Bill of Rights 1689 forbids the courts to adjudicate on anything said or done in parliament. This is the immunity incorrectly referred to as parliamentary privilege. Parliament has for centuries reciprocated by respecting court decisions and orders, however strongly members object to them. The place to challenge a court order – usually via the attorney general – is in court.Stephen SedleyFormer lord justice of appeal Have an opinion on anything you’ve read in the Guardian today? Please email us your letter and it will be considered for publication in our letters section. |