§ Mr. SpeakerThe right hon. Lady the Member for Lanark (Mrs. Hart) asked me yesterday about the effect of the decision to refer a matter to the Committee of Privileges upon any proceedings based on the same facts that might be instituted in the courts.
In her first intervention she asked whether there would be any offence to the traditions of courtesies of the House if individuals sought their own legal remedies while the Committee of Privileges was sitting. In answer to this I must say that there is no rule or practice of this House which inhibits hon. Members commencing actions in the courts in respect of publications of a non-parliamentary character, irrespective of whether the matter is under consideration here.
In her second intervention the right hon. Lady asked me, in effect, what view a court of law might take in regard to such an action. Under our constitution the courts of law have a jurisdiction quite independent of Parliament. I cannot therefore give a direct reply to her question; nor would it be proper for me to comment upon the practice of the courts. I can only answer upon the attitude which the House itself has always taken in regard to proceedings in the House. The House has always taken the view that no hon. Members can be compelled to give evidence in a court of law regarding proceedings in the House of Commons without the permission of the House, and the House has always upheld that right.
1581 Furthermore, no documentary evidence of the proceedings of the House, which includes reports from Committees, may be produced in court without leave of the House.