I
n modern times, the House has shown increasing reluctance to exercise its powers even when evidence of a contempt is clear. Indeed, in 1967, the Select Committee on Parliamentary Privilege (a Committee specially set up to consider every aspect of privilege) recommended that "the House should exercise its penal jurisdiction (a) in any event as sparingly as possible, and (b) only when it is satisfied that to do so is essential in order to provide reasonable protection for the House, its Members or its Officers from such improper obstruction or attempt at or threat of obstruction as is causing, or is likely to cause, substantial interference with the performance of their respective functions". This recommendation was endorsed by the Committee of Privileges in 1977 and approved by the House and given immediate effect on 6 February 1978. This decision guides the Speaker, the House, and the appropriate Committee. A new Joint Committee on Parliamentary Privilege was set up in the 1996-97 Parliament, to consider the current situation on privilege, given, especially, the aftermath of the 'cash for questions' affairs and on Members' ability to waive privilege. It reported on 30 March 1999 (HC 214 1998/99, available on the internet at:
http://www.parliament.the-stationery-office.co.uk/pa/jt199899/jtselect/jtpriv/43/4302.htm The House debated the report on a motion for the adjournment on 27 October 1999, but has not yet agreed to implement its findings. In the 2010-11 Queen’s Speech, the Government announced its intention to publish a Draft Parliamentary Privilege Bill to build upon the Joint Committee on Parliamentary Privileges’ 1999 report.
If the witness is in attendance, he or she may be brought by the Serjeant at Arms to the Bar of the House and before the assembled Members, to be admonished by the Speaker. If not in attendance, the witness may be ordered into the custody of the Serjeant, by use of the Warrant, to be brought to the Bar at a date and time specified by the House. The last stranger (nonMember) to be brought before the Bar and admonished by the Speaker was John Junor on 24 January 1957, for an article published in the Sunday Express casting doubt on the honour and integrity of Members. Junor apologised and no further action was taken. Members are admonished standing in their places. The last Member to be so admonished was Mr Tam Dalyell on 24 July 1968.