The Privileges and Procedures Committee has tabled draft legislation designed to ‘strengthen Jersey’s democratic system’ by clarifying and modernising the concept of ‘parliamentary privilege’.
Parliamentary privilege sets out the rules of the States Assembly on freedom of speech for Members and other people in proceedings such as sittings and Scrutiny panel hearings.
Crucially, absolute privilege protects elected Members from being prosecuted if they make potentially defamatory statements within the House.
Features of the proposed law include a ‘clear statement’ of what parliamentary privilege means in practice and a definition of the proceedings covered by it.
It also sets out when Assembly material, such as Hansard, can be used in court proceedings, what protection Members have when dealing with the public, an updated definition of contempt of States processes and confirmation that the Assembly’s rules are not within the jurisdiction of the Royal Court.
The updates were brought forward following a review by Sir Malcolm Jack, a former clerk of the UK House of Commons.
PPC chair Deputy Russell Labey said: ‘Free speech in parliamentary bodies like the States Assembly is vital.
‘It enables States Members – and people giving evidence to Scrutiny panels – to speak openly and truthfully without fear of being taken to court by people who would prefer them to be silenced.
‘These changes bring our law up to date, in line with best practice elsewhere in the Commonwealth, which I hope will provide reassurance to anyone considering standing for election in 2022.’
The draft laws are due to be debated on 23 March.
