Members of Parliament: Privileges and Responsibilities

From the moment they are elected, Members of Parliament become subject to conventions and rules that govern their conduct both within and outside the House. If they are appointed to an office such as that of the Speaker or Minister, they will have specific responsibilities to accept and additional rules to follow but even private Members, as non-office holding MPs, must be aware of the level of behavior expected of them.

They are reminded of these when they subscribe to an oath or make an affirmation as their first duty in parliament. This is subsidiary only to the duty of electing a Speaker who administers the oath or affirmation to them.

With that oath, parliamentarians must now make the work of the House a priority over other duties. Absence from the House over extended periods without being granted leave could lead to the vacating of their seat in certain parliaments. Repeated absence from meetings of parliamentary committees may similarly lead to the vacation of the seat on that committee.

Some parliaments have consolidated the conventions and rules governing the conduct of Members into codes of conduct. These remain enforceable by parliament rather than by the courts even if some of the articles are matters of common law.

A declaration of financial and other interests is required in many parliaments and the data released are made available to the public. If Members take part in a debate in the House or a discussion in one of its committees dealing with a matter where their personal interests are relevant, they are usually required to acquaint their audience of that fact.

Standing Orders always require Members not to espouse any view or represent any individual, group or institution for a fee or reward in proceedings in the House or in committees.

While the greatest stress is always laid on financial and other material factors, MPs are asked by these codes to bear in mind that their conduct must be determined by the imperative of strengthening public confidence in the institution of parliament and upholding its dignity. Codes may therefore go into some detail as to matters of accountability and transparency in the broadest usages of these terms.

Parallel to these responsibilities, Members are provided with certain privileges and immunities from prosecution in the courts that enable them to carry out their duties in the manner envisaged. Thus they are guaranteed freedom of speech in parliamentary debate subject only to the orders governing debates in the House. MPs are protected from actions for libel in the courts but may be punished by the House if their conduct is offensive. There is an interesting and growing body of case law on the extent to which this privilege may extend outside of parliament.

Another major safeguard provided to many Members is freedom from arrest. This is said to have originally arisen from the need to protect Members from arrest for debt or other civil matters that would prevent the Member from representing his constituents in parliament. It does not protect the MP from arrest on a criminal charge though there are additional formalities to be observed in such cases.

Parliament also protects its Members from intimidation or disturbances in the performance of their duties. This extends also to improper influence such as bribery or other pressure to carry out an act.