All-Party Parliamentary Groups (APPGs) are groups of Members, from both Houses, who may or may not be supported by outside organisations, and are established for a wide range of purposes. There is a Register of such groups, overseen by the Parliamentary Commissioner for Standards. There has been increasing concern that APPGs pose a reputational risk to the House in several ways: they may provide access for lobbyists; they put pressure on resources; and their output is confused with that of official select committees. But APPGs also provide: forums for cross-party interaction which is not controlled by the whips, interaction between the Members of the Commons and the Lords; and a forum for parliamentarians, academics, business people, the third sector and other interested parties; time and space for policy discussion and debate; and a means for back bench parliamentarians to set the policy agenda. There is a longstanding dilemma about the regulation of APPGs: they are essentially informal groupings, established by individual Members, yet the more restrictions and requirements that are placed on them, the more they appear to be endorsed by the House. The House of Commons Commission has already decided to withdraw the passes of APPG staff. The Committee proposes a package of reforms: ensure that Members' responsibility for APPG activity is clear and accountable; ensure transparency not only about external support, but also about the activities funded by such support; and far greater clarity about the status of the various types of informal work that Members carry out.
The House should be given the opportunity to restate its acceptance of the principle behind the proposal that lay members be added to the Committee on Standards and Privileges, the Procedure Committee concludes in a report published today. The committee's report responds to the resolution of the House of 2 December last year that lay members should sit on the Committee on Standards and Privileges. If that principle is restated, the House should study with care the arguments made for the inclusion of lay members with or without voting rights, and decide whether lay members should be appointed to the committee with full voting rights or whether they should be appointed with more limited rights protected by rules on quorum and publication of their opinion or advice. A decision in favour of membership with full voting rights would require legislation to be brought forward to put beyond reasonable doubt any question of whether parliamentary privilege applies to the Committee on Standards where it has an element of lay membership. The Procedure Committee recommends that the Committee on Standards and Privileges should be split in two, and that lay members should be included only on the committee relating to standards. The committee also makes a number of practical recommendations about the number, appointment and term of office of lay members.
Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is open to question whether parliamentary privilege should ever prevent members being successfully prosecuted for criminal offences. The paper consults on whether privilege should be disapplied in cases of alleged criminality, though not in respect of speeches in Parliament. The second major privilege is that of exclusive cognisance: the right of each House to regulate its own proceedings and internal affairs without interference from any outside body including the courts. This includes the conduct of its Members, and of other participants such as witnesses before select committees. Recent court judgments make clear that statute law on employment, health and safety etc do apply to Parliament providing the law would not interfere with Parliament's core functions. The green paper also consults on extending and strengthening select committee powers. A final section covers other miscellaneous privileges.
Constitutional Reform and Governance Bill; Video Recordings Bill, fourth report of session 2009-10, report, together with formal minutes and written evidence
Constitutional Reform and Governance Bill; Video Recordings Bill, fourth report of session 2009-10, report, together with formal minutes and written evidence
The Constitutional Reform and Governance Bill was re-introduced in the House of Commons on 19 November 2009 and the Committee welcomes a number of aspects of the Bill which is implementing some of the commitments made by the Prime Minister in his Governance of Britain statement in July 2007. But the Committee considers there are a number of significant omissions from the Bill including in relation to judicial appointments, parliamentary scrutiny of security and intelligence matters, and the restrictive judicial interpretation of the meaning of public function in the Human Rights Act. They recommend amendments relating to the latter two points. They also look at Protest around Parliament, Ratification of Treaties and Right to a fair hearing and access to a court in the determination of civil rights.The Video Recordings Bill was introduced into the House of Commons on 15 December 2009 and is a fast track piece of legislation which repeals and revives the provisions of the Video Recordings Act 1984 in order to enable them to be notified to the European Commission under the Technical Standards Directive and so secure its enforceability. The Committee considers the human rights issues raised by this Bill should be subjected to parliamentary scrutiny. However as the 1984 Act, serves as an important child protection purpose, that are currently unenforceable, the Committee accepts the need for fast tracking this legislation and does not propose to further scrutinise this Bill.
This report does not look into specific allegations of hacking, some of which are currently under investigation by the prosecuting authorities or may become the subject of judicial review. Instead it considers whether hacking of MPs' mobile phones, if it has occurred, may be a contempt of Parliament. The committee has concluded that there could potentially be a contempt if the hacking can be shown to have interfered with the work of the House or to have impeded or obstructed an MP from taking part in such work, or where a series of acts of hacking can be shown that the hacking has interfered with the work of the House by creating a climate of insecurity for one or more MPs. It is proposed that the draft Privileges Bill should include a definition of what is meant by 'contempt of Parliament' and that the Bill should codify Parliament's powers to impose sanctions, including a power for the House of Commons to fine. The committee points out that hacking is an offence under the criminal law and that civil law remedies may be available to MPs, just as they are available to others. It suggests that MPs and the House should pursue legal remedies in preference to proceeding against hackers and that only in exceptional circumstances should a hacker who has been brought before a court of law be proceeded against subsequently for contempt. In the view of the committee, there should be no special provision made to provide MPs or Parliament with remedies through the courts that are not available to others
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.