SPEAKER of Parliament Filimone Jitoko has clarified that court documents cannot be served on Members of Parliament within parliamentary precincts while the House is sitting, rejecting any suggestion that parliamentary privilege places MPs above the law.
Mr Jitoko made the clarification in Parliament yesterday following a newspaper report titled “Serve minister in Parliament, High Court orders”, which stated that a senior minister, who was allegedly difficult to locate for service, would have to be served in Parliament.
He said Section 5 of the Parliamentary Powers and Privileges Act 1965 clearly prohibited court processes from being served or executed within Parliament while it was sitting.
“The effect of these provisions are clear,” Mr Jitoko said.
“While Parliament sitting, court documents and other legal process may not be served or executed within the parliamentary precincts, nor may the Speaker, the clerk or any officer of Parliament be utilised as conduit for service upon the member.”
Mr Jitoko stressed that the privilege was intended to protect Parliament’s independence and uninterrupted functioning, rather than shield MPs from legal accountability.
“This Parliamentary protection is not designed to place Members of Parliament above the law.”
He said MPs remained subject to the jurisdiction of the courts and could be served at their ministerial offices, homes or when Parliament was not sitting.
“Members remain subject to the jurisdiction of the courts and may be served outside the presence of Parliament and outside the times when Parliament is sitting.”
