Author : Great Britain: Parliament: House of Commons: Committee on Standards
Publisher : The Stationery Office
Page : 20 pages
File Size : 53,9 Mb
Release : 2013-12-09
Category : Law
ISBN : 0215064887
House of Commons - Committee on Standards: The House of Commons Code of Conduct and the Criminal Law - HC 903 by Great Britain: Parliament: House of Commons: Committee on Standards Pdf
The Committee, the Parliamentary Commissioner for Standards and the Metropolitan Police have reaffirmed and redrafted the existing concordat on the complaints system and the criminal law. The concordat is concerned with operational matters. It would be inappropriate for it to set down the possible effect of parliamentary privilege on any future legal proceedings. This report sets out in more detail the relationship between the inquiries conducted by the Parliamentary Commissioner for Standards and the Committee and those conducted by the police, and to correct some misunderstandings of the effect of parliamentary privilege on court proceedings. Privilege protects parliamentary proceedings and the core functions of Parliament, it does not provide a haven from the general criminal law. It is not for the Committee or the Commissioner to decide whether criminal conduct has occurred: it is for the prosecuting authorities to make that case, and for the court to decide. The Committee will not attempt to usurp the functions of the prosecuting authorities. Parliaments and Governments in other jurisdictions have been criticised for encouraging political prosecutions. In recent decades there have been occasions when parliamentary proceedings might have cut across criminal investigations.. Each case has to be considered on its own merits as the relationship between committee proceedings and criminal investigations will vary, but it is right that Parliament should exercise self restraint in considering cases where prosecutions may ensue. Where a crime is committed within the House of Commons, this may well also constitute a contempt of Parliament