Speaker of Parliament Filimone Jitoko has ruled that court documents cannot be served on Members of Parliament within the parliamentary precincts while Parliament is sitting.
Jitoko made the clarification following a recent media report suggesting that a senior government minister, who had allegedly been difficult to locate for the service of court documents, would now have to be served in Parliament.
“Given the public interest generated by that report, it is necessary for the Chair to clarify the law, parliamentary practice, and the privileges of Parliament concerning the service of legal process within the Parliamentary precincts,” Jitoko said.
He cited section 5 of the Parliamentary Powers and Privileges Act 1965, which states that no court process can be served or executed within Parliament’s precincts while Parliament is sitting.
“The effect of these provisions is clear. While Parliament is sitting, court documents and other legal processes may not be served or executed within the Parliamentary precincts,” he said.
“Nor may the Speaker, the Clerk, or any Officer of Parliament be utilised as a conduit for service upon a Member.”
Jitoko said the protection was consistent with Westminster parliamentary practice and was intended to prevent legal service from obstructing or interfering with the work of Parliament or a member’s participation in proceedings.
However, he stressed that parliamentary privilege should not be interpreted as placing MPs above the law.
“This parliamentary protection is not designed to place Members of Parliament above the law,” Jitoko said.
“Rather, it is a long-established parliamentary privilege inherited from the Westminster tradition and exists to protect the independence, dignity and uninterrupted functioning of Parliament.”
He said parliamentary privilege belonged to Parliament as an institution and was not a personal exemption from legal accountability.
“Members remain subject to the jurisdiction of the courts and may be served outside the precincts of Parliament and outside times when Parliament is sitting,” he said.
Jitoko ruled that court officials seeking to serve documents on a member could do so at the member’s ministerial office or home, or return to Parliament on a day when the House or relevant committee was not sitting.
He warned that an attempt to serve court documents within the precincts during a sitting could constitute interference with parliamentary privileges and potentially be treated as contempt.
“This ruling should not be construed as conferring immunity from legal proceedings upon any Member of Parliament, who remains subject to the law and the jurisdiction of the courts in accordance with the Constitution and applicable legislation,” Jitoko said.
