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| Untersuchte Arbeit: Seite: 167, Zeilen: 14-22 |
Quelle: Joint Committee on Parliamentary Privilege - Freedom of Speech 1999 Seite(n): 1 (Internetquelle), Zeilen: - |
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| For the Joint Committee, the cure was worse than the disease:
A fundamental flaw is that it undermines the basis of privileges: Freedom of speech is the privilege of the House as a whole and not of the individual member in his own right, although an individual member can assert and rely on it. Application of the new provision could also be impracticable in complicated cases; for example, where two members, or a member and a non-member, are closely involved in the same action and one waives privilege and the other does not. Section 13 is also anomalous: it is available only in defamation proceedings. No similar waiver is available for any criminal action, or any other form of civil action.513 513 UK Parliament, Reports of the Joint Committee on Parliamentary Privilege, http://www.parliament.the-stationery-office.co.uk/pa/jt199899/jtselect/jtpriv/43/4302.htm. |
68. Unfortunately the cure that section 13 seeks to achieve has severe problems of its own and has attracted widespread criticism, not least from our witnesses.[130] A fundamental flaw is that it undermines the basis of privilege: freedom of speech is the privilege of the House as a whole and not of the individual member in his own right, although an individual member can assert and rely on it. Application of the new provision could also be impracticable in complicated cases; for example, where two members, or a member and a non-member, are closely involved in the same action and one waives privilege and the other does not. Section 13 is also anomalous: it is available only in defamation proceedings. No similar waiver is available for any criminal action, or any other form of civil action.
130 e.g. QQ 376-381, 498-502, 577, 785; and memoranda by The Lord Chief Justice of England, vol 2, p 110; the former Parliamentary Commissioner for Standards, vol 2, p 219; Dr Geoffrey Marshall, vol 2, p 204; the Guild of Editors, vol 3, p 16; the Newspaper Society, vol 3, p 18; and The News of the World, vol 3, p 45. See too `A Question of Privilege: The crisis of the Bill of Rights', by Lord Simon of Glaisdale in The Parliamentarian, April 1997. |
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