ABSTRACT
This chapter brings together a number of rather disparate topics. The three areas commonly examined are: parliamentary privilege, scrutiny of legislation and the Executive, and delegated legislation.
Parliamentary privilege is a reasonably straightforward and discrete topic and most students find it fairly easy to master the basic and clearly established principles. It is, however, an area replete with unresolved questions and students should ensure that they are aware of the conflicting authorities and views on these questions, are able to offer a sensible evaluation of them, and can formulate their own opinions. Students need to be familiar with the main thrust of the report of the Nolan Committee on parliamentary regulation of Members’ outside interests, the rules and mechanisms for their enforcement and the recent controversies surrounding the departure of Elizabeth Filkin as Parliamentary Commissioner for Standards. Also vital is awareness of the fact that in May 2002, the Commons voted to relax the rules regarding their outside interests, a change which may not be covered by textbooks unless they are very up to date. In the area of Members’ freedom of speech, the Defamation Act 1996 has introduced a significant change. Both these matters are covered here, as is the possible impact of the Human Rights Act 1998 on both areas of privilege. Finally, students should have some awareness of the reforms proposed by the Joint Committee on Parliamentary Privilege which reported in 1999. It should be noted that the privileges of the Lords and the Commons are basically identical, but that the area almost invariably arises both in practice and in exams in relation to the Commons. The topic lends itself equally well to either essay or problem questions, though the latter seem to be more common in practice.
