BBC presenter should not be named using parliamentary privilege, cabinet minister urges MPs – but what does that mean?

MPs have been advised by a senior cabinet minister against naming a BBC presenter who has been suspended over allegations he paid a teenager for sexually explicit pictures.

The name of the presenter has yet to be made public. However, it had been reported that several Members of Parliament were considering using a legislatorial right called Parliamentary Privilege to name the individual.

Speaking on Sky News, Work and Pensions Secretary Mel Stride said that ‘privilege… should be used sparingly’.

So, what is Parliamentary Privilege, and how does it work?

Here is what you need to know.

What is Parliamentary Privilege?

Parliamentary Privilege grants members of the House of Commons or the House of Lords specific legal immunities.

According to a Parliamentary Research briefing, it has two main components:

• Freedom of speech (guaranteed by Article 9 of the Bill of Rights 1689)
• The right to regulate its own affairs (‘Exclusive cognisance, or sole control of all aspects of Parliament’s affairs)

In practice, the freedom of speech guarantee means that MPs have fewer restrictions around what they can and cannot say in the House, without fear of legal action over defamation or libel.

The media are also subsequently allowed to report on what they say.

Why do MPs have Parliamentary Privilege?

Established in the Bill of Rights in 1689, Parliamentary Privilege was initially conceived as a bulwark against any more politically minded monarchs seeking to interfere with parliamentary business.

Parliament.uk states that the right allows members to ‘perform their duties without interference from outside of the House’.

A tenet of the separation of powers, Parliamentary Privilege also protects Parliament’s ability to scrutinise the executive and examine issues, free from interference from the courts.

Is Parliamentary Privilege controversial?

Parliamentary Privilege has not been free from discussion.

The right was reviewed in 2013, following several MPs and peers seeking to invoke Parliamentary Privilege to prevent criminal prosecutions for offences relating to their parliamentary expenses in 2010.

Some MPs have also used Parliamentary Privilege to name individuals subject to court injunctions that would otherwise prevent the media from reporting on the story.

Recent examples have included Labour peer Peter Hein naming billionaire businessman Philip Green as being behind injunctions restricting media from reporting allegations of sexual harassment, racism, and bullying, saying he felt a ‘duty under parliamentary privilege to name Philip Green as the individual in question’.

Liberal Democrat MP John Hemming also named footballer Ryan Giggs as the anonymous celebrity who had similarly prevented the media from reporting details of an alleged affair.

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