Rules of the Legislative Assembly

PRIVILEGE

20 (1) Privilege

“Privilege” means all of the privileges to which Legislatures and their Members are traditionally entitled.

 

The privileges of Members include:

i) freedom of speech;

ii) freedom from arrest in civil matters;

iii) exemption from jury duty;

iv) exemption from attendance as a witness in court while the House or a Committee is sitting; and

v) freedom from obstruction and intimidation in relation to their duties as elected representatives.

 

The privileges of the House include:

(i) the power to maintain order and to discipline for breaches of privilege and for contempt of the House. Contempt of  the House may include disobedience to its orders, misconduct before it, affronts against its dignity and authority, and any act or omission which impedes or obstructs the House or its Members in the performance of their duties; and

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(ii)      the right to regulate its internal affairs, including the right to set its own Rules and to exercise control over publications.

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(2) Raising a question of privilege

A Member may always raise a question of privilege in the Assembly immediately after the words are uttered or the events occur that give rise to the question.

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(3) Immediate consideration

When a matter of privilege arises it shall be considered immediately.

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(4) Debate on question of privilege

The Speaker may allow debate to assist the Speaker to determine whether a prima facie case of breach of privilege has taken place and whether the matter is being raised at the earliest opportunity. The Speaker may take the matter under advisement before rendering a decision.

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(5) Motion concerning privilege

When the Speaker has ruled

 

a) that there appears to be a prima facie breach of privilege, and

b) that the matter has been raised at the earliest opportunity,

 

then any Member may either immediately propose a motion or, by the conclusion of the next sitting day, give notice of a motion calling upon the Assembly to take action on the matter or referring the matter to a Committee of the Assembly.

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(6) Question of privilege closed

If the Speaker rules that there is no prima facie case of privilege or that the matter has not been raised at the earliest opportunity, the matter is then closed.

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