Parliamentary privilege is a legal immunity afforded to politicians in some countries including the UK, Canada and Australia. For most which adopt it, lawmakers are granted protection against civil or criminal liability for any actions done or statements made inside official debating chambers.  

Debate raged over changes to these centuries-old principles after a fiery debate in the States last September where members debated a report which cleared Deputy Gavin St Pier of an allegation of abusing this privilege by naming a local paediatrician in a statement while highlighting general safeguarding failures involving sick children and their families. 

In January, deputies voted to direct SACC to review absolute privilege and the investigation process for alleged abuses of privilege. 

But SACC now intends to ask the States to rescind that direction in a future policy letter suggesting other modifications to the parliamentary rule book, on the basis it would be impractical and unnecessary. 

Pictured: Deputy Gavin St Pier was subject to the first investigation into abuse of privilege in Guernsey, for which he was cleared.

Deputy Yvonne Burford, in her first committee meeting since being elected to SACC, said the concept of a review was “perhaps ill advised” and any tinkering with privilege would be a “retrograde step when it’s established in other parliaments”. 

“The more you look at it, the more it seems that the existing procedures in the rules are probably adequate.” 

She said it would be very hard to establish what could be changed, and conversations with the Westminster Commissioner for Standards had indicated any instance of abuse is a “misnomer” as it defeats the concept of privilege and immunity, regardless of what claims are made by politicians.  

Deputy St Pier, now Vice-President of SACC, declared his experience in the the matter and agreed the work should be pulled as it wouldn’t be an “appropriate devotion of time and resource”. 

He also noted that the States Greffier has “very strong” views on the matter. 

One official said it would be “overkill” to propose changes to the rules based on a single case of alleged abuse. 

In a previous SACC meeting, President Deputy Carl Meerveld had argued there was too much ambiguity over what the appropriate use of parliamentary privilege, while other deputies had called for genuine abuses to be properly defined with the rules tightened up. 

READ MORE... 

Work group to consider absolute parliamentary privilege

OPINION: Parliamentary privilege should never be put at risk

Calls to curb 'parliamentary privilege'

Safeguarding report: "Was the focus on children lost?"

St Pier cleared of abuse of privilege