§ Lord Lester of Herne Hillasked the Leader of the House:
What means are available to provide an effective remedy (in accordance with Article 13 of the European Convention on Human Rights) for a breach of the right to free expression (guaranteed by Article 10 of the Convention), resulting from the rules of the House on discussion of matters sub judice, where such rules authorise or require breaches of Article 10, or where their application creates an unnecessary or disproportionate restriction upon the freedom to discuss active civil proceedings or appellate proceedings. [HL2337]
§ Baroness Jay of PaddingtonParagraph (2) of Article 10 of the European Convention on Human Rights allows that the exercise of the freedoms under that article may be subject to restrictions for various reasons including maintenance of the authority and impartiality of the judiciary. Thesub judice rule is such a restriction. Article IX of the Bill of Rights prohibits the UK courts from impeaching or questioning proceedings in Parliament. If a member of the House were to consider that the sub judice rule created an unnecessary or disproportionate restriction on the rights of Members, he or she could ask the Leader of the House to propose that it be waived in a particular case, or put forward a Motion to modify the Resolution of 11 May 2000.