Policy Proposal: free speech for MSPs and their websites

[cabalamat]

The Party is currently reviewing its policies -- see this forum thread. New policies can be proposed on a PiratePad and discussed on the forum. Policies that are seconded will be put to a vote, so if you like this one, please second it.

I propose:

All statements made by MSPs in parliament to be covered by full parliamentary privilege, so that anything they say is protected in law (this is already the case with MPs).

The same privilege to apply to MPs' and MSPs' official websites; so for example if an MSP wanted to host a mirror of Wikileaks, they couldn't be prosecuted.

[Henry]

Surprised to see that MSP's didn't already have such parliamentary privilege. What about with those in the Welsh/London Assemblies, do they not have such protection as well atm?

Another thing, can this policy actually be implemented under Scottish Parliament? It'd be stupid if it couldn't but I remember someone saying that some of our policies couldn't be implemented by the parliament so I'm just curious.

[cabalamat]

Surprised to see that MSP's didn't already have such parliamentary privilege.

They have partial privilege, but not as much as MPs.

What about with those in the Welsh/London Assemblies, do they not have such protection as well atm?

In general, the Welsh and London assemblies have less powers than the Scottish parliament, so I'd imagine they don't.

Another thing, can this policy actually be implemented under Scottish Parliament?

The relevant law is Section 41 of the Scotland Act 1998, so it would require legislation at Westminster to do. I don't think it would be enormously difficult to persuade Westminster to give more powers to Scotland, since there's a Westminster bill right now doing that, with all party support.

It'd be stupid if it couldn't but I remember someone saying that some of our policies couldn't be implemented by the parliament so I'm just curious.

Giving extra powers to the Scottish parliament would require consent from Westminster, yes.

[Henry]

They have partial privilege, but not as much as MPs.

What do you mean by Partial? Is it only on certain matters they have privilege?

The relevant law is Section 41 of the Scotland Act 1998, so it would require legislation at Westminster to do. I don't think it would be enormously difficult to persuade Westminster to give more powers to Scotland, since there's a Westminster bill right now doing that, with all party support.

Ah I see, that's good to know

It'd be stupid if it couldn't but I remember someone saying that some of our policies couldn't be implemented by the parliament so I'm just curious.

I meant by that, that imo it seemed strange the Scottish Government didn't have the power to give full privilege to their own MSP's

[scuzzmonkey]

Devils Advocate

Why should their speech be protected above and beyond that of a normal citizen/subject's?

[cabalamat]

Devils Advocate

Why should their speech be protected above and beyond that of a normal citizen/subject's?

The reason MPs' speech has absolute protection is to allow them to debate freely without the possibility of being prosecuted for it. Do do this, they need exemption from being challenged by the courts regarding e.g. libel, contempt of court, breach of official secrets act, etc.

It could be argued that everyone should have this right. Until that time occurs, let's see how far we can extend free speech rights.

My proposal (1) brings MSPs in line with MPs, and (2) extends an existing principle to modern technology such as websites.

[scuzzmonkey]

Supported then - although I'd prefer to see this in conjunction with Libel reform...which I believe is already in the Manifesto.