The Privileges Committee

What is the Privileges Committee and what is its role?

The Privileges Committee is a select committee of the House of Commons. It consists of seven MPs, four Labour, two Conservative, and one Liberal Democrat, and is currently chaired by the Conservative MP Alberto Costa. 

The Committee is tasked with investigating potential breaches of parliamentary privilege. These are specific rights and certain legal immunities that are afforded to MPs so that they can carry out their role. A breach of parliamentary privilege is considered to be anything that gets in the way of the Commons carrying out its duties. 

The Privileges Committee is separate from the Standards Committee. In 1995, when the Commons Standards system was established, there was a single Standards and Privileges Committee, but the two were split in January 2013 to allow non-MP members, known as lay members, to be appointed to the Standards Committee. 

The two committees now have the same chair and the same MPs sit on both committees, but they have different remits. Privileges deals with issues of privilege and looks into allegations of breaches of these privileges – offences known as ‘contempts’ of parliament. The Standards Committee deals with the MPs’ code of conduct – adjudicating and determining sanctions for any cases of misconduct referred to it by the independent parliamentary commissioner for standards. The Standards Committee also oversees the Commons standards system. 

How are the subjects of inquiries by the Privileges Committee chosen?

The Privileges Committee does not choose its inquiries. Instead, it is for the whole House of Commons to decide to refer a matter to the Privileges Committee. The Committee is effectively conducting an inquiry on behalf of the House. 

To raise a potential breach of parliamentary privilege, MPs must first write to the Speaker of the Commons. It is up to the Speaker to decide whether the matter should be given the precedence over other business in the Commons. This mechanism creates a filter to prevent “frivolous” or vexatious use of the privileges mechanism.

If the Speaker decides that the matter should be given precedence, they will inform the MP who made the request before announcing the decision to the whole Commons. The MP who made the request can then table a motion proposing that the issue be referred to the Privileges Committee for investigation. MPs can then debate and vote on the motion. If it is passed – by a simple majority – then the matter is referred to the Privileges Committee to conduct an inquiry.

There is one exception to this process; allegations by a select committee that its proceedings (including reports) have been leaked – subject to certain conditions – are automatically referred to the committee.

What powers does the Privileges Committee have?

The Committee has the same powers as other select committees, namely the ability to call for “persons, papers, and records” to help them in their inquiries. They can also appoint sub-committees and can sit when the Commons is adjourned (though not when the Commons is prorogued or dissolved).

However, the Committee has important additional powers. It can order any MP,  including ministers and the prime minister, to appear before the Committee, and can also require any MP to hand over relevant documents. It can add non-compliance with an inquiry to its conclusions. For instance, the 2022-23 inquiry into Boris Johnson’s conduct over potentially misleading the House over partygate concluded that Johnson committed further contempts by releasing its findings before the Committee had announced them and was “complicit in the campaign of abuse and intimidation of the Committee”. 

What happens when the Privileges Committee has completed an inquiry?

The Committee has the power to issue to a report to the House which sets out the findings of the inquiry. This report laid before the House and is debated and then voted on – as with deciding to refer an inquiry to the Committee, it is up to the whole House to accept or reject the inquiry report. 

The Committee can include in its recommendation the use of sanctions – including oral or written apologies, suspension from the House for a set period, or expulsion. In 2023, the Committee said that had Boris Johnson still been an MP, that they would have recommended he be suspended for a period of 90 days. As he had recently stood down, they recommended that he should not be entitled to a former Member’s House of Commons security pass; restricting his future access to parliament that is a privilege afforded to former members.

The vote on the Committee’s report is traditionally a free vote. 

What are some previous examples of inquiries by the Privileges Committee?

In the current session of parliament, two matters have so far been referred to the Committee for investigation. One relates to specific legal proceedings that could prevent a report being laid before the Commons; another is about a request by a the Omagh Bombing public inquiry to access unpublished evidence gathered by the Northern Ireland Affairs Committee. 

The Privileges Committee also undertakes inquiries into conduct of individual MPs. In 2022, the House of Commons referred to the committee the actions and conduct of John Nicolson MP who posted on social media an account of his correspondence with the Speaker of the House of Commons in relation to a matter of privilege.