Privacy laws should apply to arrested MPs
15 December 2015
Procedure to notify House of arrested MPs should follow privacy laws that apply to every citizen, says Procedure Committee in its report on the procedures for notifying the House of the arrest of one of its Members.
- Report: Notification of the arrests of Members
- Report: Notification of the arrests of Members (PDF 291 KB)
- Procedure Committee
Findings
The Procedure Committee recommends that the procedure whereby police forces notify the House when a Member is arrested should continue, but it recommends changes to the House's current procedure.
If adopted, the proposed changes will mean that Members of Parliament subject to arrest will not automatically have details of that arrest published by the House. This will give them the same rights to privacy as any other citizen.
In accordance with standard police practice and privacy law, names of arrested Members will not be put into the public domain by the House unless the Member consents. The exception will be in cases where the Speaker is advised by the Clerk of the House that a Member has been detained for reasons connected to his or her role as a Member of Parliament.
Should an arrested Member subsequently be charged with an offence, it is expected that, in line with existing police practice, details of the name and the charge would be published by the police force responsible at the time of charge.
These new arrangements do not affect the duties of police forces to notify relevant authorities of safeguarding risks under the Common Law Police Disclosure (PDF 100KB) scheme.
Further information
Image: iStockphoto