Chapter
2 - Parliamentary Privilege: immunities and powers of the Senate
Executive privilege
Another use of the word “privilege”, which is indirectly related to
parliamentary immunities and powers, is in the expression “Crown privilege”,
more recently called “executive privilege” or “public interest immunity”. This
term refers to a claim of the executive government to be immune from being
required to present certain documents or information to the courts or to the
Houses of Parliament.
The courts have determined the law of executive privilege in respect of
the courts, but only the Houses of Parliament can determine whether they admit
the existence of such a privilege in relation to documents or information
required by the Houses, or whether they will insist upon the production of
documents and information which they require. The Senate has not conceded the
existence of any conclusive executive privilege in relation to its proceedings.
The matter is more fully discussed in Chapter 19, Relations with the Executive
Government, under public interest immunity. For a comprehensive examination of
the matter, see the 2nd report of the Committee of
Privileges, 7 October 1975 (PP 215/1975); the speech by Senator the Hon.
R.C. Wright in the Senate on 17 February 1977 (SD, pp 175-9); and the 49th
Report of the Committee of Privileges, 19 September 1994 (PP 171/1994).
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