PRIVILEGE.

Dominion, Volume 1, Issue 211, 30 May 1908, Page 5

PRIVILEGE.

PROPOSALS TO PROTECT PARLIAMENT. SPECIAL PROCEDURE. PUNISHMENT FOR CHARGES NOT* ' . I'ROVED. HT TELEOIUrn—MESS ASSOCIATION —COPTOIOHI. (Hoc. May 29, 10.55 p.m.) Melbourne, May 29. With regard to tho question of tho proccduro to be adopted in cases of slanders against l'arliamoat, the Joint Select Committeo of the Federal Houses on the "procedure for the-trial and punishmont of persons charged with breach of the powers, privileges, or immunities of either Chamber," has'presented a progress report. Tho Committee says it does not propose to elevato breaches of privjlege and contempt of ; Parliament to the high criminal grade of indictable crimes or.of misdemeanants required to bo tried by a jury. Such offences should be dealt with by a Judgo, and, if possiblo, by a Justice of the High ■ Court sitting in his original and summary jurisdiction, and. dealing with each case as promptly and inexpensively as possiblo. The Committee recommends that legislation bo'passed to provide that any persons printing; publishing, or uttering any false, malicious, or defamatory statement, calculated to bring the' Senate, or the House, or any momber or committee of either, into hatred, contempt, or ridiculo, and any persons attempting to improperly interfere with, or unduly influencing or obstructing or assaulting or bribing or attempting to bribe mombers in'- the discharge of-.their duties, shall be deemed guilty-of breach of privilege and contompt,\ and shall be liable to be prosecuted; that tho only defence available shall bo justification \or proof of the truth of tho statements; that upon the Judgo finding that the complaints made against such persons aro proved, ho • may. impose ; a fino not oxceeding £500, or may pass fentenco of imprisonment not exceeding twelve months in duration, and may also order accused to pay tho. costs of tho proceedings. , CHARGES OF BRIBERY. The origin of the abovo. was some published charge's that two, members of the Federal Parliament'had received money for changing their views as.to the oil duties. Jlr. Deakni, Prime Ministor, in explaining that a Select C'omwit.tee would be appointed to deal with- the matter, said he would recommend a simpler method of dealing with ' offences-.of this character. He declared that lie was satisfied thore was no foundation for the charges. Subsequently, Sir William.. Lynei Federal Treasurer, precipitated a storm in tho Federal House of .Representatives by declaring, that lie had received a message to the'eftect that "tho Standard Oil Company have members' in their bag." After a confused debate, Sir' William Lyne withdrew the .charge unreservedly, \ He stated that the information came from one of his colleagues. Mr. Harrison Moore, Professor of. Law at Melbourne University, was examined, by the Select Committee. . He said tho powers, privileges, aud ; immunities of tho Commonwealth Parliament,; until declared by the Houso, remained theiame as those of the Houso of Commons. He thought that by a declaratory Act Parliament could declare its -powers. The privileges and immunities taken would have to be .reasonably .relevant) Tho House of Commons can only order imprisonment for contempt during the term of the existing session. Could i the Federal Parliament pass a law providing for imprisonment .boyond tho session? .1 should think so. Witness,; continuing, said the House could order a person to bo arrested, bring him before tho House, and inflict such xmnishment as was customaryi-'-'" , Any person', entrusted with tho Speaker's warrant would have power to arrost. .There'was 1 nothing .in the. Constitution to prevent' tho Commbnwealtlv entrusting, tho execution/of its laws to' State.joffieiiilsl but .the .effoc? tivencss of that depended upon 'tho extent to which tho_ State would allow its'officers to cooporato with the Commonwealth. *