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HOW TO RESPOND TO BEING ADVERSELY NAMED IN PROCEEDINGS OF THE NORTHERN IRELAND ASSEMBLY

What is Assembly privilege?

The Northern Ireland Assembly was provided for under the Northern Ireland Act 1998 and only has those powers, rights and privileges which Parliament has given to it under the Act.

"Parliamentary Privilege" in a general, "Westminster" sense does not exist in the Northern Ireland Assembly. The term "Parliamentary Privilege" is a much wider concept and includes privileges historically claimed by Parliament for its dignity and proper functioning and are recognised by the courts. Anything that Members and members of the public know of Parliamentary Privilege at Westminster cannot be directly applied to the work of Members in the Assembly.

The only privilege which applies to Members of the Northern Ireland Assembly relates to freedom of speech. This is contained in section 50 of the 1998 Act which provides that, for the purposes of defamation, absolute privilege attaches to:-

1. the making of a statement in proceedings of the Assembly; and
2. the publication of a statement under the Assembly’s authority.

This privilege is a defence against an action for defamation. If an action is raised against a Member in respect of any potentially defamatory statement he or she has made in proceedings in the Chamber or in Committee, the Member could defend that action by relying on the privilege.

How can a member of the public respond to being adversely named during proceedings in the Assembly?

This section provides information on the options available to a member of the public who wishes to address or respond to being adversely named during proceedings in the Chamber or in Committee.

There are a number of means by which a person referred to during a debate can respond to their being named –

1. by writing to

• the Member concerned,
• to all Northern Ireland Assembly Members,
• to the Members of their constituency,
• to the political parties,

2. by writing to the Speaker,
3. by speaking to the press or public,
4. by lobbying another Member of the Assembly to take action.

All of the above methods are freely available to members of the public and can be used independently of any policies or procedures of the Assembly. None of the methods noted above affect the privilege which applies to Members of the Northern Ireland Assembly relating to freedom of speech.

Writing to the Member, to all Northern Ireland Assembly Members, the Members of their constituency or the political parties.

This can be done either in writing, by telephone or by requesting a face to face meeting. Members of the Assembly may, at their own discretion, respond to written correspondence or agree to a meeting. Contact details for all Members and the political parties are available on the Assembly website (see http://archive.niassembly.gov.uk/members/membership07.htm). Should a member of the public wish to contact all Members in writing, this can be done by placing 108 copies of the letter in an envelope addressed with the heading "For the Attention of all Members". The doorkeepers will then place a copy of the letter in each of the Members pigeon holes at Parliament Buildings. All Members of the Assembly have the option of placing correspondence in the Assembly Library.

Writing to the Speaker.

On receipt of a letter from a person who has been referred to in debate, the Speaker has the option of placing the letter in the Assembly Library.

Speaking to the press or public.

The member of the public who has been named may speak or write to the press and public.

Lobby another Member of the Assembly to take action.

The member of the public who has been named can ask another Member to take action on their behalf. Any such action would be at the discretion of the Member but could involve a Member speaking for them during a subsequent debate.