ABSTRACT
If an allegation of breach of privilege or contempt is made, the complaint is communicated to the Speaker. The member will be given written notice of the complaint. The Speaker must be satisfied, first, that the matter is one involving privilege and, secondly, that the complaint is substantial. If he or she so finds, the Speaker advises the complainant that he may put down a Motion which will be debated the following day. For the most part, the matter will then be referred by the House to the Committee on Standards and Privileges (formerly the Committee of Privileges). The committee is made up of 11 senior members of the House from all political parties, chaired by the Leader of the House. The Committee has the power to call for persons, papers and records. It also has the power to compel members to attend. Although acting in a quasi-judicial capacity, the committee is not bound to follow strict rules of procedure. The legal rules of evidence do not apply and there is normally no legal representation. The Committee sits in private (but may sit in public).77 If the Committee finds that there has been a breach, it will make recommendations as to punishment, but has no power to apply the sanction: that is for the House as a whole, who will vote on the matter following a debate. The House is not bound by the Committee’s recommendations and may, as happened in the case of Strauss (1985), reject them.
