Parliamentary Papers Act 1840

The Parliamentary Papers Act 1840 (3&4 Vict., c. 9) is an Act of the Parliament of the United Kingdom. The Act was passed in response to the case of Stockdale v. Hansard where it was held that the House of Commons enjoyed no privilege as to publications under its authority circulated beyond Members of Parliament.

Provisions

The Act provides that:

  • Publications under the House's authority enjoy absolute privilege against civil or criminal proceedings (s.1);
  • Correct copies of such publications also enjoy absolute privilege (s.2);
  • Extracts are protected by qualified privilege. The burden of proof is on the defendant to show that the publication was without malice (s.3).

Publication for circulation among Members of Parliament is protected by absolute privilege under common law.[1] The Act received Royal Assent on 14 April 1840.

The Act is notable by being ex post facto – it changes the legal status of happenings before the Act was passed. As such, it is a precedent showing that Parliament has sovereignty over the past as well as the future.

See also

References
  1. Lake v. King (1667) 1 Saunders 131.

Bibliography
  • Text of the Parliamentary Papers Act, without amendments
  • Text of the Parliamentary Papers Act as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
  • Bradley, A. W. & Ewing, K. D. (2003). Constitutional and Administrative Law (13th ed.). London: Pearson. pp. 219–220. ISBN 0582438071.
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