Contempt of Parliament
Encyclopedia
In some countries, contempt of parliament is the offence of obstructing the legislature
in the carrying out of its functions, or of hindering any legislator
in the performance of his or her duties. The offence is known by various other names in jurisdictions in which the legislature is not called "parliament
". Actions that may constitute contempt of parliament include:
In some jurisdictions, a house of parliament may declare any act to constitute contempt, and this is not subject to judicial review. In others, contempt of parliament is defined by statute
; while parliament makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the court
s. Some jurisdictions consider contempt of parliament to be a criminal offence.
Conduct (including the use of words)... [which] amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.
Contempt decisions by the House of Representatives
or the Senate
are thus subject to review by the Federal Courts.
Punishments are limited under the Act to (for individuals) a fine of $5,000 and/or six months' imprisonment, or (for corporations) a fine of $25,000.
In the Senate, allegations of contempt are heard by the Privileges Committee, which decides whether or not a contempt was committed, and if so, what punishment is to be imposed. In practice, there have been very few times when a hearing determined that anyone was in contempt, and on no occasions has anyone been punished beyond a warning, with an apology and/or appropriate remedial action.
The power to find a person in contempt of Parliament stemmed from Section 18 of the Constitution Act, 1867
in which "The privileges, immunities, and powers to be held, enjoyed... shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof."
Regarding the above-mentioned "privileges," there is an important difference between the "individual parliamentary privileges" and "collective parliamentary privileges." This difference is also important in any case of "breach of privilege" as it applies to Parliamentary privilege in Canada.
invoked its power to find an individual in contempt: There were "contempt citation" cases in 1913, 1976, 2003, 2008 and 2011.
The April 10, 2008 case involved Royal Canadian Mounted Police
deputy commissioner Barbara George who was cited for contempt for deliberately misleading a parliamentary committee over an income trust scandal. She was ultimately found in contempt but was not punished further than the motion
itself.
The March 2011 contempt citation case involved Conservative
MP Bev Oda
. While she was found to be prima facie
in contempt by the Speaker
, Oda was not formally held in contempt because Parliament was dissolved before a vote could be held on the matter.
of the Canadian House of Commons Peter Milliken
made two Contempt of Parliament rulings: The first found that a Conservative Party
cabinet minister, Bev Oda
, could possibly be in contempt of Parliament. The second ruling found the Cabinet
could possibly be in contempt of Parliament for not meeting Opposition members' requests for details of proposed bills and their cost estimates, an issue which had "been dragging on since the fall of 2010." Milliken ruled that both matters must go to their responsible parliamentary committees and that the committee was required to report its findings to the Speaker by March 21, 2011 — one day before the proposal of the budget.
Concerning the Speaker's first ruling, on March 18, 2011, Opposition members of the committee (who outnumbered the government members) said they still judged Oda to be in contempt of Parliament, despite her testimony that day, but the committee process never proceeded far enough to make a finding as to whether Oda was in contempt.
Concerning the Speaker's second ruling, on March 21, 2011, the committee tabled a report that found the Government of Canada in contempt of Parliament. As such, a motion of no confidence
was introduced in the House. On March 25, 2011, Members of Parliament voted on this motion, declaring a lack of confidence by a vote of 156 to 145 and forcing an election. The contempt finding is unique in Canadian history. In a wider context, it is the first time that a government in the 54-member Commonwealth of Nations
has been found in contempt of Parliament.
The same rules as apply to the House of Commons apply to the House of Lords
mutatis mutandis
(i.e. with the necessary modifications).
Parliamentary privilege consists of freedom of speech on the floor of the House and in committee, freedom from arrest, regulating its membership and exclusive cognisance of internal affairs.
Privilege extends to the publication of papers and reports by order of the House, including the official record 'Hansard'.
Freedom from arrest originally prevented the arrest (on criminal as well as civil grounds) of members, their goods and their staff. The freedom from arrest of servants and goods were removed in the 18th century as the privilege was open to abuse, as was immunity from arrest for criminal acts. MPs today are only protected from arrest on civil grounds, for contempt of court.
Regulation of composition extends to determining who is elected and whether they may take their seat. The result of elections is now de facto a matter for an Election Court composed of High Court
judges, who issue a certificate to the Speaker in the case of elections where the result is disputed. The House also has exclusive right to determine whether members may take up their seat, including whether a member is eligible to take the relevant oath.
Exclusive cognisance of internal affairs extends to the right to determine the oaths to be taken by members and who may take them (Bradlaugh v Gossett), the right to determine who may use House of Commons facilities and the exclusion of the jurisdiction of the courts as to alcohol sale offences within the Palace of Westminster.
In the United Kingdom
, it has been alleged that arresting a member of Parliament in the course of carrying out his duties may constitute contempt of Parliament, although immunity from criminal arrest was removed by the Parliamentary Privilege Acts of the 18th century.
It is further contempt to bribe or attempt to bribe any member (and for any member to accept or solicit a bribe), to disrupt the sittings of the House or a committee—wherever it is sitting, to refuse to appear before a committee to testify, to refuse to answer any question put by a committee, to lie to a committee or to refuse to swear an oath when testifying, or to otherwise obstruct the business of the House.
MPs accused of Contempt of Parliament may be suspended or expelled. They may also be committed to the clock tower under Big Ben, although this practice hasn't been used since Charles Bradlaugh
was detained in 1880. Strangers (those who are not members of the House) may be committed to prison during the life of the Parliament. The House of Lords has the power to fine as well as to order imprisonment for a term of years.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
in the carrying out of its functions, or of hindering any legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
in the performance of his or her duties. The offence is known by various other names in jurisdictions in which the legislature is not called "parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
". Actions that may constitute contempt of parliament include:
- Deliberately misleading a house of the legislature, or a legislative committeeCommitteeA committee is a type of small deliberative assembly that is usually intended to remain subordinate to another, larger deliberative assembly—which when organized so that action on committee requires a vote by all its entitled members, is called the "Committee of the Whole"...
; - refusing to testify before, or to produce documents to, a house or committee; and
- attempting to influence a member of the legislature by bribery or threats.
In some jurisdictions, a house of parliament may declare any act to constitute contempt, and this is not subject to judicial review. In others, contempt of parliament is defined by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
; while parliament makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s. Some jurisdictions consider contempt of parliament to be a criminal offence.
Australia
In the Commonwealth of Australia, the Parliamentary Privileges Act 1987 defines contempt of Parliament as follows:Conduct (including the use of words)... [which] amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.
Contempt decisions by the House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
or the Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
are thus subject to review by the Federal Courts.
Punishments are limited under the Act to (for individuals) a fine of $5,000 and/or six months' imprisonment, or (for corporations) a fine of $25,000.
In the Senate, allegations of contempt are heard by the Privileges Committee, which decides whether or not a contempt was committed, and if so, what punishment is to be imposed. In practice, there have been very few times when a hearing determined that anyone was in contempt, and on no occasions has anyone been punished beyond a warning, with an apology and/or appropriate remedial action.
Canada
- See also: Parliamentary censure in Canada and Parliamentary Privilege in Canada
The power to find a person in contempt of Parliament stemmed from Section 18 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
in which "The privileges, immunities, and powers to be held, enjoyed... shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof."
Regarding the above-mentioned "privileges," there is an important difference between the "individual parliamentary privileges" and "collective parliamentary privileges." This difference is also important in any case of "breach of privilege" as it applies to Parliamentary privilege in Canada.
Contempt citation cases for individuals
Rarely has the Canadian federal parliamentParliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
invoked its power to find an individual in contempt: There were "contempt citation" cases in 1913, 1976, 2003, 2008 and 2011.
The April 10, 2008 case involved Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
deputy commissioner Barbara George who was cited for contempt for deliberately misleading a parliamentary committee over an income trust scandal. She was ultimately found in contempt but was not punished further than the motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
itself.
The March 2011 contempt citation case involved Conservative
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
MP Bev Oda
Bev Oda
The Hon. Beverley Joan "Bev" Oda, PC, MP is a Canadian politician. She is a current member of the Canadian House of Commons, as well as the first Japanese-Canadian MP and cabinet minister in Canadian history. She represents the riding of Durham for the Conservative Party of Canada. She was...
. While she was found to be prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
in contempt by the Speaker
Speaker of the Canadian House of Commons
The Speaker of the House of Commons of Canada is the presiding officer of the lower house of the Parliament of Canada and is elected at the beginning of each new parliament by fellow Members of Parliament...
, Oda was not formally held in contempt because Parliament was dissolved before a vote could be held on the matter.
Contempt citation cases for governments
On March 9, 2011, SpeakerSpeaker of the Canadian House of Commons
The Speaker of the House of Commons of Canada is the presiding officer of the lower house of the Parliament of Canada and is elected at the beginning of each new parliament by fellow Members of Parliament...
of the Canadian House of Commons Peter Milliken
Peter Milliken
Peter Andrew Stewart Milliken, UE is a Canadian lawyer and politician. He was a member of the Canadian House of Commons from 1988 until his retirement in 2011 and served as Speaker of the House for 10 years beginning in 2001. Milliken represented the Ontario riding of Kingston and the Islands as a...
made two Contempt of Parliament rulings: The first found that a Conservative Party
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
cabinet minister, Bev Oda
Bev Oda
The Hon. Beverley Joan "Bev" Oda, PC, MP is a Canadian politician. She is a current member of the Canadian House of Commons, as well as the first Japanese-Canadian MP and cabinet minister in Canadian history. She represents the riding of Durham for the Conservative Party of Canada. She was...
, could possibly be in contempt of Parliament. The second ruling found the Cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
could possibly be in contempt of Parliament for not meeting Opposition members' requests for details of proposed bills and their cost estimates, an issue which had "been dragging on since the fall of 2010." Milliken ruled that both matters must go to their responsible parliamentary committees and that the committee was required to report its findings to the Speaker by March 21, 2011 — one day before the proposal of the budget.
Concerning the Speaker's first ruling, on March 18, 2011, Opposition members of the committee (who outnumbered the government members) said they still judged Oda to be in contempt of Parliament, despite her testimony that day, but the committee process never proceeded far enough to make a finding as to whether Oda was in contempt.
Concerning the Speaker's second ruling, on March 21, 2011, the committee tabled a report that found the Government of Canada in contempt of Parliament. As such, a motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
was introduced in the House. On March 25, 2011, Members of Parliament voted on this motion, declaring a lack of confidence by a vote of 156 to 145 and forcing an election. The contempt finding is unique in Canadian history. In a wider context, it is the first time that a government in the 54-member Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
has been found in contempt of Parliament.
United Kingdom
Contempt of Parliament consists of interference with parliamentary privilege and of certain acts that obstruct the house and its members in their business.The same rules as apply to the House of Commons apply to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
mutatis mutandis
Mutatis mutandis
Mutatis mutandis is a Latin phrase meaning "by changing those things which need to be changed" or more simply "the necessary changes having been made"....
(i.e. with the necessary modifications).
Parliamentary privilege consists of freedom of speech on the floor of the House and in committee, freedom from arrest, regulating its membership and exclusive cognisance of internal affairs.
Privilege extends to the publication of papers and reports by order of the House, including the official record 'Hansard'.
Freedom from arrest originally prevented the arrest (on criminal as well as civil grounds) of members, their goods and their staff. The freedom from arrest of servants and goods were removed in the 18th century as the privilege was open to abuse, as was immunity from arrest for criminal acts. MPs today are only protected from arrest on civil grounds, for contempt of court.
Regulation of composition extends to determining who is elected and whether they may take their seat. The result of elections is now de facto a matter for an Election Court composed of High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judges, who issue a certificate to the Speaker in the case of elections where the result is disputed. The House also has exclusive right to determine whether members may take up their seat, including whether a member is eligible to take the relevant oath.
Exclusive cognisance of internal affairs extends to the right to determine the oaths to be taken by members and who may take them (Bradlaugh v Gossett), the right to determine who may use House of Commons facilities and the exclusion of the jurisdiction of the courts as to alcohol sale offences within the Palace of Westminster.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, it has been alleged that arresting a member of Parliament in the course of carrying out his duties may constitute contempt of Parliament, although immunity from criminal arrest was removed by the Parliamentary Privilege Acts of the 18th century.
It is further contempt to bribe or attempt to bribe any member (and for any member to accept or solicit a bribe), to disrupt the sittings of the House or a committee—wherever it is sitting, to refuse to appear before a committee to testify, to refuse to answer any question put by a committee, to lie to a committee or to refuse to swear an oath when testifying, or to otherwise obstruct the business of the House.
MPs accused of Contempt of Parliament may be suspended or expelled. They may also be committed to the clock tower under Big Ben, although this practice hasn't been used since Charles Bradlaugh
Charles Bradlaugh
Charles Bradlaugh was a political activist and one of the most famous English atheists of the 19th century. He founded the National Secular Society in 1866.-Early life:...
was detained in 1880. Strangers (those who are not members of the House) may be committed to prison during the life of the Parliament. The House of Lords has the power to fine as well as to order imprisonment for a term of years.