Re Parliamentary Privileges Act 1770 (The Strauss Case) [1958] AC 331; (1958) 21 MLR 456

Court: Privy Council

Facts: An MP sent a letter making allegations against British Electricity, which led the London Electricity Board to threaten libel action. The MP claimed protection under the Bill of Rights 1688, Art. 9, which secures freedom of speech for MPs during 'proceedings in Parliament.' The Parliamentary Privileges Act 1770 was argued to allow legal action against MPs despite this privilege.

Issue: Could the Parliamentary Privileges Act 1770 be used to bring legal action against an MP for actions related to their work in Parliament?

Held: The Privy Council ruled that the 1770 Act could not be applied to actions taken by MPs during 'proceedings in Parliament,' as this would contravene the Bill of Rights. Legal action against MPs for their Parliamentary conduct was not allowed.

Key Judicial Statement: Viscount Simmonds emphasized that interpreting the 1770 Act literally would repeal Article 9 of the Bill of Rights, which is not permissible. The Act was only applicable to MPs' personal debts and actions, not their conduct in Parliament.

💡Leveluplaw: MPs enjoy privilege from legal action for any acts done in the course of 'proceedings in Parliament.' The scope of this privilege is safeguarded by the Bill of Rights.