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Members of Parliament (Powers and Privileges) Act

LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 4 July 1977

CHAPTER 95

MEMBERS OF PARLIAMENT (POWERS AND PRIVILEGES)

JR 2 of 1977

ARRANGEMENT OF SECTIONS

1. Interpretation
2. Freedom of speech
3. Freedom from arrest
4. Exercise of process

5. Enforcement of the suspension of a member
6. Admission of the public

7. Privilege of witnesses
8. Restriction of evidence as to certain matters
9. Offences relating to admission to precincts of Parliament

10. Assaulting etc., members or officers, creating disturbances

11. Publishing evidence taken by committee
12. Fabricating documents and false evidence

13. Offer or acceptance of bribes

14. Power of arrest

MEMBERS OF PARLIAMENT (POWERS AND PRIVILEGES)

To define the powers and privileges of the members of Parliament.

1. Interpretation

In this Act, unless the context otherwise requires –

"officer of Parliament" means the Clerk of Parliament and any persons appointed to assist him and shall also include any police officer on duty within the chamber of Parliament or the precincts of Parliament;

"precincts of Parliament" means the chamber in which Parliament shall sit when in session and such other places or premises as may be used by Parliament or any committee or committees thereof and shall include the accommodation provided in order that members of the public may view the proceedings of Parliament.

2. Freedom of speech

No civil or criminal proceedings may be instituted against any member of Parliament for words spoken before, or written in a report to Parliament or to any committee thereof, or by reason of any matter or thing introduced by him into Parliament by draft legislation, petition, motion or otherwise.

3. Freedom from arrest]

No member of Parliament shall be liable to arrest –

(a) for any civil debt whilst going to, attending at or returning from a sitting of Parliament or any committee thereof;

(b) within the precincts of Parliament when Parliament or a committee thereof is sitting, for any criminal offence,

without the consent of the Speaker.

4. Exercise of process

No process issued by any court shall be served or executed within the precincts of Parliament during the course of a session of Parliament or any committee thereof.

5. Enforcement of the suspension of a member

Any member of Parliament who has been temporarily excluded from the Chamber of Parliament by virtue of the Standing Orders of Parliament shall not enter or remain within the precincts of Parliament whilst such exclusion remains in force, and if any such member is found within the precincts of Parliament in contravention of this section, he may be forcibly removed therefrom by any police officer acting on the instructions of the Speaker.

6. Admission of the public

(1) Members of the public may be admitted to sessions of Parliament in accordance with the Standing Orders of Parliament.

(2) The Speaker may in the event that there is not adequate seating accommodation available or otherwise in pursuance of the Standing Orders of Parliament order any member of the public to withdraw from the precincts of Parliament, and if any such member of the public fails or refuses to withdraw from the precincts of Parliament he may be forcibly removed therefrom by any officer of Parliament or any police officer acting on the instructions of the Speaker.

7. Privilege of witnesses

No statement or answer made to Parliament or a committee thereof by any person shall be admissible in evidence against him in any proceedings in any court of law (except in the case of proceedings for any offence under this Act).

8. Restriction of evidence as to certain matters

No evidence in respect of the contents of minutes and evidence before Parliament or a committee thereof shall be admissible before a court of law or a person authorised by law to take evidence, unless the court or such person is satisfied that permission has been given by the Speaker or the chairman of the committee, as the case may be, for such evidence to be given.

9. Offences relating to admission to precincts of parliament

Any member of the public who –

(a) enters or attempts to enter the precincts of Parliament in contravention of the Standing Orders of Parliament; or

(b) refuses to withdraw from the precincts of Parliament when lawfully ordered to do so,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT 10,000 or to imprisonment for a term not exceeding 2 months, or to both such fine and imprisonment.

10. Assaulting etc., members or officers, creating disturbances

Any person who –

(a) assaults, molests or obstructs any member of Parliament coming to, being within, or going from the precincts of Parliament; or

(b) assaults, interferes with, resists or obstructs any officer of Parliament while in the execution of his duty; or

(c) threatens or assaults a member or an officer of Parliament in any place on account of his exercise of his duties; or

(d) creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of Parliament or any committee thereof while Parliament or such committee is sitting,

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding VT 20,000 or to imprisonment for a term not exceeding 6 months, or to both such fine and such imprisonment.

11. Publishing evidence taken by committee

Any person who publishes, or divulges to any person other than a member of Parliament, any evidence taken by, or document presented to, a committee of Parliament, where such evidence has been taken in a closed session, and which has not been reported to Parliament, or where its publication has been expressly prohibited by Parliament or the committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding VT 40,000 or to imprisonment for a term not exceeding 6 months, or to both such fine and such imprisonment.

12. Fabricating documents and false evidence

Any person who –

(a) presents to Parliament or a committee thereof or an officer of Parliament, any false, untrue, fabricated or falsified document, knowing the same to be false, untrue, fabricated or falsified, with intent to deceive Parliament or such committee; or

(b) knowingly gives false evidence whether on oath or not as a witness before Parliament or a committee thereof,

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding VT 80,000 or to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.

13. Offer or acceptance of bribes

(a) Any person who offers to any member or officer of Parliament any bribe or threat, in order to influence him in his conduct as such member or officer, or offers to any member or officer of Parliament any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any draft law or matter submitted to or intended to be submitted to Parliament or a committee thereof; or

(b) any member who accepts or agrees to accept or obtains or attempts to obtain for himself or for any other person any bribe, fee, compensation, reward or benefit of any kind whatever for:

(i) speaking, voting or acting as such member in proceedings of Parliament or a committee thereof; or

(ii) refraining from so speaking, voting or acting; or

(iii) absenting himself from proceedings of Parliament or a committee thereof; or

(iv) having so spoken, voted, acted, refrained or absented himself; or

(c) any member who brings forward, promotes or advocates in Parliament for or in consideration of any pecuniary fee or reward, any proceeding or measure in which he may have acted or been concerned,

shall be guilty of an offence punishable by a fine not exceeding VT 150,000 or to imprisonment not exceeding 3 years, or to both such fine and imprisonment.

14. Power of arrest

(1) Any police officer on duty at Parliament, may, when requested by the Speaker or the Clerk of Parliament, apprehend –

(a) any person who commits an offence against section 9 or 10; or

(b) any person within the precincts of Parliament whom he reasonably suspects of having committed, or being about to commit, an offence contrary to either of the said sections.

(2) In such a case the Speaker may require the Clerk of Parliament to prepare a report of such offence for presentation to the Public Prosecutor.