NOT WISE TO ARGUE

Rotorua Morning Post, Volume 2, Issue 354, 15 October 1932, Page 4

NOT WISE TO ARGUE

PRIVILEGE OF HOUSE SWEEPING POWERS POSSESSE] BY PARLIAMENT AND f ITS MEMBERS MJ CANNOT STAND CORRECTEBS Most people's knowledge of t|J| rights of Parliament is rather fragjg mentary and in view of the recent c J troversy respecting th'e finding of fJl Economy Cbmmission and the fdH that a number of statements theiefl have heen referred to _ the Privilefl Committee bf the House, the poMtiS has unusual interest. H By virtue of their position, meniVJB of Parliament (in addition to free til way passes, postal franking and Rtfi lamy's) possess many curi'biis pirflE leges Which are not the luck of common herd. ^ For ihstkncb; menihers bf P'aiffl| ment may allow their cattle (if have any) to stray all over th'e i-oan| and they cannot be impounded further, the courts have always JB mitted that the House possesses t|g| same authority to comm.it summar^ for contempts which exists in evfl superior court of law. If you pou^ k memher's cows you will quite p« sibly land in the equivalent to t'll P'ound yourself. It is a dangepoqs .thipg. to k neighhour to "an M.P. if tfie legal sii of the matter is studied. You ju not Ibp his trees br detain his gooj or take his horse from its stahle a: ride it. If you plough his land; dig his coal or even kill his ra: hits you can get into tr'ouhle. So'jf can f or assaulting his porter, or brec ing a fence bii his wiaste land; y mby nbt fish bn his rivers" br jjos either, without, riinnihg grave risi A member of Parliament wbo 1 run into deht, is not able to he j rested; there is d classie case of certain New Zealand M.P. who a'ef ally slept in the House, whilst couple of bailiffs waited in vain. In another case, when the Hos W'as not in sessibn, a member iiseii leave his home at daylight an'd ramt over the hills until dark whilst fl bailiffs vainly Waited. him at his rea 1 ence and were regaled with mornii and afternoqn tea hy the memte Wife who fully apprsciate'd the M our of the position. Finally his a fairs Were squared up and he i available to listen to the complair of his constituents who felt thattfc had somehow been unrepresented lo: enough. Sweeping Powers That is hy the way. The Houssli! some remarkahle powers in other I ections. Ili one case, a solicitor pa pared a petition to he placed befe: the House and sent in a bill of cos! as long as one's arm. No one m more surp'rised than the gentlemani the law when he was cited before i! x_ouse and was duly imprisoned fi breach of privilege in that he h charged exorbitant Costs. According to the legal position t! House is in an exceptionally .goc position for, according to a judgms hy Lord Ellenborough, each House h the right to decide its "own questi: of privilege and thus is at one as the same time its own advocate ari judge, a very comfortable positionfe the House but not so cheerful he: the offender's standpoint. Then there is the newspapers'ii According to the strict letter of ti law, no one can publish anything whR transpires in Parliament without ira p'ermission and he can he imprisorieg if he does. Then again there is J redress at law for anything of a sls derous nature said in Parliament a'i members may, if they wish, say aip thing ahout anyhody with impunitj save for the power contained in Par liament itself to discipline them. Various Penalties Parliament has certain powers ac penalties. which it can inflict. The Upper House can fine or iu prison a man for any period but tf j Lower House cannot fine a person h .it can imprison him until the endi the session whether he he a menib or an outsider. There is a classic case sh owing ti pbwers of Parliament in which ffi sard, hy order of Parliament, print a report of the Inspeetors of Prisc which criticised and contained so: defamatory remarks about a 3 | named Stockdale. He sued Haiiss and he failed, because the jc thought that the words were t« But Hansard had, in the first ph set up as a defence the Order off Xiouse and the Chief Justice held ti it was no defence and that the Orf of the House would pot justify.® one pnihlishing a libel. StocU brought another action; the Hc: tobk off ence, resolVed that there * a ereach of privilege, and refusei allow their pidnter tb put in anyi fence but the Order of the Hoc Stockdale obtained a verdict for » damages and the Sheriffs of Middle; levied that amount. Then the Hocommitted the sheriffs to prison, & Stockdale and his solicitor. The Sk iffs obtained a writ of Habeas Corf before the King's Bench. The S geant-at-Arms, who had them ii ^ tody, returned that they were J prisoned nnder a warrant of ' Speaker for a coiitempt of the Ho; of Commons. Upon this, the jufli held th'at they had no power toi the prisoners free. So the wretci sheriffs remained in prison for dtf what the courts declared was tb legal duty. Thereupofi a bill was introduceo settle this uisputed privilege for | future and it passed into an Act w provides that no civil br criminal f! ceedings can he taken in respecj J any defamatory matter containeo any paper printed hy order off House. This settled th'e matter. Perhaps hrea'cHes of privileges m he divided into four" classes. , (1) Disobedienoe tb general or® or rules, of either House. (2) Disohedience to particular ^ ers. , , (3) Indignities bffered to the acter of the proceedings of Paiife®e: (4) Assaults or insults, upon hers, or reflections fipon their con^ and eharaeter in Parliament, oi terference with officers of the in discjiarge of their duties. Firiaily it has, heen held by tlio^ eminent of legal auth'orities ^ ^ liament is the sole judge of U rights and privileges and tha{ ^ even a Writ of Error to the KM alter their decisiori. .. j It. will be recognise'd that / ^ har'dly worth wliile attehipting , argue with Parliament on a FeS of privilege.