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"This background paper, which reflects the law as at 1 March 2007, discusses questions and issues in parliamentary privilege that continue to be the subject of debate or uncertainty. These include the law relating to: the execution of search warrants, the issuing of subpoenas and orders for discovery in Parliament; the 'effective repetition' of statements outside Parliament and other areas where parliamentary privilege impinges on the law of defamation; the meaning of the words 'place out of Parliament' in Article 9 of the Bill of Rights 1689; and the interpretation of statutory secrecy provisions and their effect on parliamentary privilege. Considered is the case for and against the statutory codification of the powers and privileges of the Houses of the NSW Parliament."--Executive summary.
[This convenience copy of the official report by the UK Independent Reviewer of Terrorism Legislation, made available under OGLv3 on a cost-only basis] Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards. The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This Report aims to help Parliament achieve a world-class framework for the regulation of these strong and vital powers.
Joseph Maingot describes the parameters of the principal immunity enjoyed by Members of Parliament, that of freedom of speech, which is restricted to the context of a parliamentary proceeding and not beyond. He points out protections afforded members other than parliamentary privilege and the view of both the courts and the legislatures concerning parliamentary debates and proceedings as evidence in court. He also sets out in detail what the House of Commons considers to be and not to be a matter of privilege, as well as the corporate powers of the Houses of Parliament.
The Annotated Standing Orders of the New South Wales Legislative Council is a comprehensive commentary charting the purpose, development and modern operation of the rules of procedure of the Legislative Council. Canvassing over 150 years of proceedings of the House and its committees, the Annotated Standing Orders provides interesting anecdotes and important precedents to rules in common use today and rules less seldom used, even obscure. The work renders the seemingly complex and impenetrable language and practice of parliamentary procedure in the Westminster tradition, as it has developed in the Legislative Council, accessible to members, parliamentary officers and others with an interest in parliamentary law, practice and procedure.Key features:A concise summary of the purpose and development of each current rule.Explanations and examples of the practical operation of regularly used rules and the creative use of seldom used procedures.A chronology of the adoption, repeal and amendment of the rules and orders of the Legislative Council since 1824.Practical illustration of the role of parliamentary procedure in upholding the core principles of freedom of speech, the rights of the minority, and the function of the Council as a House of Review.
This first edition of New South Wales Legislative Council Practice brings together the history, practice and procedure of the New South Wales Legislative Council - the Upper House of the New South Wales Parliament, and the first and oldest legislative body in Australia.Since the advent of responsible government in New South Wales in 1856, the New South Wales Legislative Council has been the focus of continuous struggle regarding its composition, powers, role and very existence. However, from its tumultuous history, the Council has in recent years emerged as a democratically elected, powerful and effective upper house, in many ways mirroring the development of the Australian Senate. Today the Council performs key functions within the New South Wales system of government including representing the people and scrutinising the executive government as a 'House of Review'.The rich history of the New South Wales Legislative Council has brought with it a wealth of parliamentary precedent with which to guide modern practice and procedures in the House. While practitioners of parliamentary law and practice in New South Wales have long had access to authorities such as Erskine May's Parliamentary Practice and Odgers' Australian Senate Practice, the publication of New South Wales Legislative Council Practice will provide an essential reference book to understanding parliamentary privilege, practice and procedure in the New South Wales Upper House.