The concept is common in countries with a parliamentary system in the Westminster model, or which are derived from or influenced by the Westminster model. The offence is known by various other names in jurisdictions in which the legislature is not called "parliament", most notably contempt of Congress in the United States.[1] Actions that may constitute contempt of Parliament include:
In some jurisdictions, a house of the legislature may declare any act to constitute contempt, and this is not subject to judicial review. In others, contempt of parliament is defined by statute; while the legislature makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the courts. Some jurisdictions consider contempt of parliament to be a criminal offence.[2]
United Kingdom[edit]
Contempt of Parliament consists of interference with parliamentary privilege[37] and of certain acts that obstruct the house and its members in their business.[38] The same rules as apply to the House of Commons apply to the House of Lords mutatis mutandis (i.e. with the necessary modifications). It is further contempt to bribe or attempt to bribe any member (and for any member to accept or solicit a bribe), to disrupt the sittings of the House or a committee—wherever it is sitting, to refuse to appear before a committee to testify, to refuse to answer any question put by a committee, to lie to a committee or to refuse to swear an oath (or make a solemn affirmation) when testifying, or to otherwise obstruct the business of the House.
MPs accused of contempt of Parliament may be suspended or expelled,[39] however expulsion is extremely rare.[40] They may also be committed to the clock tower of the Palace of Westminster,[39] although this practice has not been used since Charles Bradlaugh was detained in 1880. Since the passage of the Recall of MPs Act 2015, if an MP is convicted of certain crimes or suspended from Parliament for more than 10 days, they may face a recall petition and subsequent by-election.
Strangers (those who are not members of the House) may be committed to prison during the life of the Parliament. The House of Lords has the power to fine as well as to order imprisonment for up to an indefinite term, with the ability to also stop that imprisonment at any time.[41][42][43]
In the United Kingdom, it has been alleged that arresting a Member of Parliament in the course of carrying out their duties may constitute contempt of Parliament,[44] although immunity from criminal arrest was removed by the Parliamentary Privilege Acts of the 18th century.
On 4 December 2018, the UK Government was found in contempt of Parliament for the first time in history on a motion passed by MPs by 311 to 293 votes.[45] The vote was triggered by the government failing to lay before Parliament any legal advice on the proposed withdrawal agreement on the terms of the UK's departure from the European Union, after a humble address for a return was unanimously agreed to by the House of Commons on 13 November. The government then agreed to publish the full legal advice[46] for Brexit that was given to the Prime Minister by the Attorney General during negotiations with the European Union. However, this advice was never published in full.
In June 2023, a former Prime Minister was found in Contempt of Parliament for the first time in history. The Commons Privileges Committee found Boris Johnson had deliberately misled MPs by denying "Partygate" while Prime Minister. He was also found in contempt for his behaviour following his resignation as Prime Minister by deliberately misleading the committee, referring to the committee's findings before they were published, and for partaking in a "campaign of abuse" against MPs on the committee. Johnson resigned in response to the report, claiming bias. The report recommended a 90-day suspension had he remained an MP.[47]