Contempt of Parliament
From Wikipedia, the free encyclopedia
In many jurisdictions governed by a Parliament, Contempt of Parliament is the crime of obstructing the Parliament in the carrying out of its functions, or of hindering any Member of Parliament in the performance of his or her duties.
Actions which can constitute a contempt of Parliament may vary, but typically include such things as:
- Deliberately misleading a Houses of Parliament or a Parliamentary committee
- Refusing to testify before, or to produce documents to, a House or committee
- Attempting to influence a Member of Parliament, for example, by bribery or threats
In some jurisdictions, a House of Parliament may declare any act to be a contempt, and this is not subject to judicial review. In others, contempt of Parliament is defined by statute; while Parliament makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the courts.
[edit] Examples of Contempt of Parliament
[edit] Australia
In the Commonwealth of Australia, the Parliamentary Privileges Act 1987 defines contempt of Parliament as follows:
Conduct (including the use of words)...[which] amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.
Contempt decisions by the House of Representatives or the Senate are thus subject to review by the Federal Courts.
Punishments are limited under the Act to (for individuals) a fine of $5,000 and/or six months' imprisonment, or (for corporations) a fine of $25,000.
In the Senate, allegations of contempt are heard by the Privileges Committee, which decides whether or not a contempt was committed, and if so, what punishment is to be imposed. In practice, there have been very few times when a hearing determined that anyone was in contempt, and on no occasions has anyone been punished beyond a warning, with an apology and/or appropriate remedial action.
