Report recommends greater clarity on Parliamentary committee procedures and powers

Parliamentary committees have wide-ranging powers to compel the attendance of witnesses and the production of documents. These powers can, in theory, override the usual rights of parties to litigation such as the protection of legal professional privilege. Material provided to a parliamentary committee is protected from use in subsequent court proceedings by the doctrine of parliamentary privilege, but this may be of little comfort to private organisations once their privileged and confidential documents enter the public domain.

A report by the Joint Committee on Parliamentary Privilege has recommended guidance and clarity on committee procedures and powers. The Report emphasises that committees must continue to have broad evidence gathering powers to fulfil their functions properly. It encourages committees to assert their penal powers and to set out formally and publicly the kinds of behaviours that would constitute contempt of Parliament. It also recommends that guidance for witnesses should be produced explaining the procedures and the procedural safeguards in place. Click here for an e-bulletin by our Administrative and Public Law team which considers the Report.