HL Deb 22 November 1966 vol 278 cc122-3

2.41 p.m.

LORD BALFOUR OF INCHRYE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether the administrative decision announced by the Prime Minister extending Parliamentary privilege of Members of the House of Commons by exemption from any properly authorised telephone tapping extends also to Members of the House of Lords.]

THE LORD PRIVY SEAL (THE EARL OF LONGFORD)

My Lords, as my right honourable friend the Prime Minister made clear in another place on November 17 the Answers he then gave to Questions on this matter did not, nor could they, affect the privileges of Parliament. The House will also recall that on that occasion my right honourable friend made it clear that the answering of Questions on this subject was most exceptional and in no way detracted from the normal practice whereby Ministers are unable to answer Questions relating to these matters. I am, however, authorised to say, exceptionally, that the statement the Prime Minister then made extends to your Lordships' House.

LORD BALFOUR OF INCHRYE

My Lords, may I ask the Leader of the House to accept my thanks for that Answer, and add that if privilege goes to one House it should go to the other, but in my own view it would be far better if neither House had this particular privilege?

THE EARL OF LONGFORD

My Lords, I suppose I must regard that as a qualified vote of gratitude.

THE EARL OF SWINTON

My Lords, may I ask the Leader of the House to treat this matter a little more seriously? Is it not an established rule that neither House, the Members of neither House, can claim new privileges? And would it not be an entirely new privilege, whether claimed, as I am sure it would not be by any Member of this House or by a Member of the House of Commons, or not claimed, that they should not be subject to the ordinary law of the land?

THE EARL OF LONGFORD

My Lords, I am afraid I cannot agree with the noble Earl that this is an extension of Parliamentary privilege.

LORD HAWKE

My Lords, may I ask the noble Earl the Leader of the House whether, looking at the history of the last 700 years, he would not agree that it would be most unwise to give Parliament this particular privilege?

THE EARL OF LONGFORD

My Lords, I have not had time since luncheon to look at that.