6 House Of Assembly (powers And Privileges)

AuthorRalph Hone
Pages#1

CHAPTER 6.

HOUSE OF ASSEMBLY (POWERS AND PRIVILEGES).

ARRANGEMENT OF SECTIONS.

PART I.

SHORT TITLE AND INTERPRETATION.

SECTION 1. SHORT TITLE.

  1. INTERPRETATION.

    PART I.

    PRIVILEGES AND IMMUNITIES OF MEMBERS.

  2. FREEDOM OF SPEECH.

  3. FREEDOM FROM ARREST.

  4. EXERCISE OF PROCESS.

    PART HI.

    SUSPENSION OF MEMBER.

  5. ENFORCEMENT OF SUSPENSION OF MEMBER.

    PART IV.

    ADMISSION OF STRANGERS.

  6. ENTRY TO HOUSE.

  7. WITHDRAWAL FROM HOUSE.

  8. REGULATION OF ADMISSION TO HOUSE.

  9. ORDER OF WITHDRAWAL FROM HOUSE.

    PART V.

    EVIDENCE.

  10. WITNESSES MAY BE EXAMINED ON OATH.

  11. PRIVILEGE OF WITNESS.

  12. RESTRICTION OF EVIDENCE AS TO CERTAIN MATTERS.

    PART VI.

    OFFENCES AND PENALTIES.

  13. PROVISIONS OF PENAL CODE RELATING TO PERJURY APPLY TO PROCEEDINGS BEFORE HOUSE OR COMMITTEE.

  14. OFFENCES RELATING TO ADMITTANCE TO THE HOUSE.

  15. ASSAULTING, ETC., MEMBERS OR OFFICERS, CREATING DISTURBANCES AND PUBLISHING EviDENCE TAKEN BY COMMITTEE.

  16. FABRICATING DOCUMENTS AND FALSE EVIDENCE.

  17. OFFER OR ACCEPTANCE OF BRIBES.

    PART VII.

    PUBLICATIONS AND REPORTS.

  18. COMMONS JOURNAL TO BE prima facie EVIDENCE IN INQUIRIES TOUCHING PRIVILEGE.

  19. JOURNALS PRINTED BY THE PRINTERS TO THE LEGISLATURE TO BE ADMITTED AS EVIDENCE.

  20. PENALTY FOR PRINTING FALSE COPY OF ACT, JOURNAL, ETC.

  21. PROTECTION OF PERSONS RESPONSIBLE FOR PUBLICATIONS AUTHORISED BY HOUSE.

  22. PUBLICATION OF PROCEEDINGS WITHOUT MALICE.

    PART VIII.

    MISCELLANEOUS.

  23. COURTS NOT TO EXERCISE JURISDICTION OVER ACTS OF SPEAKER OR OFFICERS.

  24. POWERS OF OFFICERS.

  25. POWER OF ARREST.

  26. RESTRICTIONS ON PROSECUTIONS.

  27. RULES OF THE HOUSE.

  28. POWER OF HOUSE TO MAKE RULES FOR THE REGULATION OF ITS PROCEEDINGS.

  29. POWER TO SUSPEND RULES BY UNANIMOUS CONSENT.

    SCHEDULE.

    RULES OF THE HOUSE OF ASSEMBLY.

    CHAPTER 6.

    HOUSE OF ASSEMBLY (POWERS AND PRIVILEGES).

    AN ACT TO DECLARE AND DEFINE CERTAIN POWERS, 12 of 1962.

    PRIVILEGES AND IMMUNITIES OF THE HOUSE OF 18 of 1965.

    -ASSEMBLY AND OF THE MEMBERS OF SUCH ASSEMBLY, TO SECURE FREEDOM OF SPEECH IN THE HOUSE OF ASSEMBLY, TO REGULATE ADMITTANCE TO THE PRECINCTS OF THE HOUSE OF ASSEMBLY, TO GIVE PROTECTION TO THE PERSONS EMPLOYED IN THE PUBLICATION OF REPORTS AND OTHER PAPERS OF THE HOUSE OF ASSEMBLY, TO PROVIDE FOR THE MAKING OF RULES FOR THE REGULATION OF THE PROCEEDINGS OF THE HOUSE OF ASSEMBLY AND FOR PURPOSES INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID.

    [23rd May 1962.1

    PART I.

    SHORT TITLE AND INTERPRETATION.

  30. This Act may be, cited as The House of Short title.

    Assembly (Powers and Privileges) Act.

  31. In this Act, unless the context otherwise terpeta requires'chamber' means the room in which the House sits;

    'Committee' means a Standing, Sessional or Select Committee of the House;

    'House' means the House of Assembly referred to 18 of 1965, in the Constitution; Schd.

    'journals' means the minutes of the House or the official records of the votes and proceedings thereof;

    'member' means any member of the House;

    'oath' includes any form of declaration or affirmation permitted or prescribed by law to be taken as or in lieu of an oath;

    'officer of the House' means any holder for the time being of the offices of Chief Clerk, Second Clerk and Sergeant-at-Arms, Secretary or Third Clerk of the House, or any person acting within the chamber of the House or the precincts of the House under the orders of the Speaker, and includes any peace officer on duty within the chamber of the House or the precincts of the House;

    'precincts of the House' means the offices, and committee rooms of the House and the galleries and places provided for the use or accommodation of strangers, members of the public and representatives of the press and includes, while the House is sitting and subject to any exceptions made by the Speaker, the entire building in which the chamber of the House is situated;

    18 of 1965, 'Rules' means Rules of Procedure as prescribed Schd. by the Constitution made in pursuance of this Act;

    'Speaker' means the person for the time being holding either the office of Speaker or of Deputy Speaker of the House when acting in the capacity of Speaker or Deputy Speaker;

    ''stranger' means any person who is not a member or officer of the House.

    PART II.

    PRIVILEGES AND IMMUNITIES OF MEMBERS.

    Freedom of 3. NO civil or criminal proceedings may be instispeech. tuted against any member for words spoken before, or written in a report to the House or to a committee, or by reason of any matter or thing so brought by him by petition, Bill, motion or otherwise.

    Freedom from 4. No member shall be liable to arrestarrest.

    (a) for any civil debt whilst going to, attending at or returning from a sitting of the House or any committee;

    (b) within the precincts of the House while the House or a committee is sitting, for any criminal offence, without the consent of the Speaker.

  32. No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of the House while the House is sitting or through the Speaker or any officer of the House.

    Exercise of process.

    PART III.

    SUSPENSION OF MEMBER.

  33. A member who has been suspended from the service of the House shall not enter or remain within the precincts of the House whilst such suspension remains in force, and if any such member is found within the precincts of the House in contravention of this section, he may be forcibly removed therefrom by any officer of the House and no proceedings shall lie against such officer in respect of such removal, provided no more force shall be used by any officer than is necessary in the circumstances.

    Enforcement of suspension of member.

    PART IV.

    ADMISSION OF STRANGERS.

  34. No stranger shall be entitled to enter or to remain within the precincts of the House if seating accommodation is not available within the chamber.

  35. No stranger shall be entitled, except by permission of the Speaker, to enter or to remain within the precincts of the House, after having been ordered to withdraw therefrom in accordance with the provisions of this Act or the Rules.

  36. -(1) The Speaker is hereby authorised to issue such orders as he may deem necessary for the regulation of the admittance of strangers to the precincts of the House in the event of war or other public emergency.

    (2) Copies of orders made under subsection (1) of this section shall be duly authenticated by the Chief Clerk of the House and exhibited in a conspicuous position in the precincts of the House; and such copies when so authenticated and exhibited shall be deemed to be sufficient notice to all persons affected thereby.

    Entry to House.

    Withdrawal from House.

    Regulation of admission to House.

    Order of withdrawal from House.

  37. The Speaker may at any time in pursuance of the provisions of this Act or the Rules order any stranger to withdraw from the precincts of the House, and if any such stranger fails or refuses to withdraw from the precincts of the House he may be forcibly removed therefrom by any officer of the House and no proceedings shall lie against such officer in respect of such removal.

    PART V.

    EVIDENCE.

    Witnesses may be examined on oath.

    Privilege of witness.

    Ch. 48.

    Restriction of evidence as to certain matters.

  38. Any person appearing before the House or a committee to give evidence may be requested by the Speaker if before the House or by the Chairman of the committee if before a committee, to give his evidence on oath, and if such person elects to give evidence on oath such oath may be administered to such person by the Chief Clerk or Second Clerk of the House.

  39. An answer by a person to a question put by the House or a committee or a statement made by a person in evidence before the House or a committee, shall not, except in criminal proceedings under this Act or under section 463 or 466 of The Penal Code, be in any proceedings in a court of law, civil or criminal, admissible in evidence against him.

  40. Without prejudice to the provisions of section 11 of this Act, no evidence in respect of the contents of minutes of evidence before the House or a committee shall be admissible before a court of law or a person authorised by law to take evidence, unless the court- or such person is satisfied that permission has been given by the Speaker or the Chairman of the committee (as the case may require) for such evidence to be given.

    PART VI.

    OFFENCES AND PENALTIES.

    Provisions of Penal Code relating to perjury apply to proceedings before House or committee.

    Ch. 48.

  41. Any proceedings before the House or a committee thereof at which any person gives evidence or produces any paper, book, record or document, shall be deemed to be judicial proceedings for the purposes of sections 462 and 463 of The Penal Code.

  42. Any person who(a) being a stranger enters or attempts to enter the precincts of the House in contravention of this Act or of the Rules; or (b) being a stranger fails to or refuses to withdraw from the precincts of the House when ordered to withdraw therefrom by the Speaker in accordance with provisions of this Act or the Rules, shall be guilty of an offence and shall on summary conviction, be liable to a fine not exceeding twenty-five pounds or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

  43. Any person who(a) assaults, molests or obstructs any member coming to, being within, or going from the precincts of the House; or (b) assaults, interferes with, resists or obstructs any officer of the House while in the execution of his duty; or (c) threatens or assaults a member or an officer of the House on account of his conduct as such member or officer; or (d) creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the House or any committee while the House or such committee is sitting; or (e) publishes, or divulges to any person other than a member, any evidence taken by, or document presented to, a committee, where such evidence has been taken with closed...

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