Statement – Greg Barns SC, Fabiano Cangelosi and Cameron Scott , Barristers, 24 August 2021
Parliamentary Privilege And Responsbility
We wish, as lawyers, to place on the record our concern about the use of parliamentary privilege today by Kristie Johnston, the Independent MP for Clark. Ms Johnston used parliamentary privilege to make serious allegations against the ALP MP David O’Byrne, which in essence suggested serious misconduct on his part.
Parliamentary privilege is an important part of the liberal democratic fabric. It however is not an unlimited privilege. It carries with it a responsibility on the part of members of the Tasmanian Parliament to use it judiciously and not to use it to launch serious attacks on the integrity of other MPs relating to matters which should be dealt with in other fora.
We note the report of the House of Commons Committee on Procedure 4th Report (HC 1999) which said there is a “clear distinction between attack “on grounds of competence on a political level”, which would be unexceptionable, and attack at a personal level, which was objectionable. We draw this distinction to Members’ attention and agree that “people should not make widespread personal attacks on each other under the guise of privilege””
Commentary in the Parliament today on Mr O’Byrne clearly fell into the latter category.
Finally we note that the privilege of freedom of speech in parliament is much greater than that enjoyed by citizens who do not have immunity from defamation suits. Therefore the duty to use the freedom wisely is a heavy one.
Greg Barns SC Fabiano Cangelosi Cameron Scott
Republic Chambers Hobart Edward Coke Chambers Hobart Edward Coke Chambers Hobart
Douglas Menzies Chambers Melbourne
Higgins Chambers Brisbane
