§ Mr. Spearingasked the Lord Privy Seal under what article of the Treaty of Rome, Accession Treaty, or other Treaty or Act of Parliament members of the Assembly of the European Economic Community enjoy immunity from any measure of detention and from legal proceedings in the United Kingdom.
§ Sir Ian GilmourMembers of the European Parliament enjoy only such immunities as are granted by the protocol on the privileges and immunities of the European Communities annexed to the treaty establishing a single council and a single Commission of the European Communities of 8 April 1965, of which articles 9 and 10 read
Article 9Members of the Assembly shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.Article 10During the sessions of the Assembly, its members shall enjoy:
- (a) in the territory of their own State, the immunities accorded to members of their parliament;
- (b) in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.
Immunity shall likewise apply to members while they are travelling to and from the place of meeting of the Assembly.Immunity cannot be claimed when a member is found in the act of committing an offence and shall not prevent the Assembly from exercising its right to waive the immunity of one of its members.This treaty and its annexed protocols are binding on the United Kingdom by 400W virtue of section 1(2) of the European Communities Act 1972.