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Rt Hon Sir John Whittingdale OBE MP

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Parliamentary Privilege

JohnWhittingdale March 5, 2014 2 min read

Mr Whittingdale: On a point of order, Mr Speaker. You may recall that in November last year, I raised a point of order to express my concern that Dato Makudi had been given leave to take to the Court of Appeal his action for defamation that related to remarks made by Lord Triesman to the Football Association, in which he merely referred to statements that he had made to the Select Committee on Culture, Media and Sport about possible corruption in FIFA. Those remarks were, of course, made under privilege.

At that time, I expressed my concern that the action represented a significant threat to the privilege conferred on Members and, indeed, on witnesses who appear before Select Committees of this House, and that it could have the severe effects of preventing us from exposing truth and giving witnesses the impression that they do not enjoy the protection of parliamentary privilege. You were sufficiently concerned, Mr Speaker, to make a submission to the Court of Appeal.

As you may be aware, Mr Speaker, the Court of Appeal has reached a judgment in which it is clearly stated that Lord Triesman’s remarks were covered by article 9 of the Bill of Rights. I believe that that is a significant re-establishment of the rights of this House. I wonder whether you would like to make a statement in the light of that.

Mr Speaker: I am very grateful to the hon. Gentleman for his point of order. As he rightly says, I shared his grave concern, not principally on behalf of Lord Triesman, but on behalf of the House, that a threat to parliamentary privilege and, therefore, to Parliament was entailed. I did, as I indicated to the hon. Gentleman was my intention, cause representations to be made to the Court of Appeal. It was, of course, a matter for the court and I am absolutely delighted that it found in favour of Lord Triesman. That was a victory not just for Lord Triesman, but for the precious principle of parliamentary privilege and for Parliament itself. It was a very important day, and the hon. Gentleman is right to celebrate it and to give me the opportunity, on behalf of the House, to do the same.

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