What Is
Parliamentary Privilege?
Free Speech, Legal Immunity & Constitutional Limits Explained (2026 Guide)
The Short Answer
Speech Is Protected. Conduct Is Not.
Parliamentary privilege is a constitutional principle that protects Members of Parliament (MPs) from being sued or prosecuted for statements made during parliamentary proceedings. It safeguards free debate in Parliament but does not grant MPs immunity from criminal law outside of parliamentary speech.
Chapter 01
The Constitutional
Purpose
Parliamentary privilege is not for the benefit of individual MPs, but for the protection of Parliament as an institution. It ensures that the legislature remains independent from the Crown and the Courts.
- • Protects freedom of speech in debates
- • Prevents judicial interference in legislative matters
- • Preserves the separation of powers
"Privilege is essential to the effective working of Parliament. Without it, MPs might be deterred from speaking truthfully on matters of public importance by the threat of legal action."
Chapter 02
Article 9: The Legal Core
"Freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament."
3. What is
Protected?
Proceedings in Parliament
This includes debates, committee evidence, and formal votes. Anything said 'on the record' during official business.
Reports & Papers
Formal publications by Parliament are protected from libel action under the Parliamentary Papers Act 1840.
What is
NOT Protected?
Social Media & Interviews
Statements made on Twitter, TV news, or in local newspapers are NOT protected by privilege.
Criminal Acts
Privilege does not protect an MP from prosecution for theft, assault, fraud, or other crimes.
4. Are MPs Above the Law?
There is a fundamental legal distinction between free speech in the legislative chamber and personal criminal immunity. MPs hold the former, but not the latter.
"If an MP accepts a bribe, the act of accepting is a crime. Privilege cannot be used to suppress evidence of criminal conduct that falls outside 'proceedings'."
5. Investigating an MP
Step 01
Police Scrutiny
Specialist units investigate while respecting operational independence and constitutional sensitivity.
Step 02
CPS Review
The Full Code Test is applied. Prosecution proceeds only if in the public interest and with sufficient evidence.
Step 03
Judicial Trial
The accused MP appears in a standard court before a jury. Parliamentary status is not a valid legal defense.
Universal Privilege FAQ
What is parliamentary privilege?
A constitutional immunity that allows MPs to speak freely in Parliament without fear of legal reprisal.
Can MPs be prosecuted?
Yes. Privilege only protects speech and formal 'proceedings'. It is not a shield for general criminal conduct.
Are MPs immune from arrest?
No. Since the 19th century, immunity from criminal arrest has been largely abolished for MPs.
Does privilege apply outside Parliament?
No. It is strictly limited to matters concerning the 'proceedings' of Parliament.
Can an MP be sued for libel?
Only if the statement was made outside of parliamentary proceedings (e.g., in a news interview).
Can MPs go to prison?
Yes. Many MPs have served custodial sentences for fraud, assault, and other offences over the decades.
What is Article 9?
The section of the Bill of Rights 1689 that legally establishes the principle of free speech in Parliament.
Who enforces privilege?
The Speaker of the House and the courts, who interpret its scope narrowly.
Can MPs be suspended?
Yes. Parliament regulates its own members through the Standards Committee.
Does privilege cover email?
Usually not. Correspondence between an MP and a constituent is typically not considered a 'proceeding' in Parliament.
Institutional
Explainers
This guide is part of our commitment to documenting the UK's legal and constitutional architecture with absolute neutrality.