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HOW TO PETITION PARLIAMENT AND KEEP YOUR JOB
At the official launch of FREEDOM TO CARE at the House of Commons on 12th November 1992 the Rt. Hon. Tony Benn MP, a member of the Committee of Privileges, explained how whistleblowers could petition parliament and how the Commons would protect them.
In a statement he said:
"Ministers of the Crown, employers in both the private and the public sector ought now to be warned that any attempt to discipline staff who decide to petition the House of Commons to draw attention to defects in the companies or services in which they work is illegal.
Parliamentary Privilege has long been extended to protect all those who give evidence to the House or any of its Committees, or who express their concern in petitions.
First: Erskine May which sets out the Law of Parliament governing the extent and purpose of privilege, warns that 'Petitioners ... are considered as under the protection of the High Court of Parliament, and obstruction of, or interference with, such persons ... may be treated as a breach of privilege.'
Second: The Sessional Order passed by the House of Commons each year declares that anyone seeking to deter or hinder witnesses is guilty of 'a high crime and misdemeanour; and the House will proceed with the utmost severity against such an offender.'
Third: The Committee of Privileges re-affirmed this principle in a specific case in November 1989, declaring that 'those who have business before the High Court of Parliament, whether as a witness, petitioner or agent should also be protected against conduct which hinders them in the exercise of their right of free access to parliament, or molests or punishes them after the event."'
Benn also explained how one could petition:
"Any person, in any capacity, who is concerned about the situation in any organisation in which they work, or of which they have knowledge, may petition the House of Commons, and by doing so they will be protected by law. Petitions have to be written in a set form, presented by an MP, after which they are recorded in the proceedings of the House, and Media coverage is also privileged.
If, subsequently, any petitioner is threatened by his employer on account of his petition, he should approach his MP who will then raise it in the House and the matter will be referred to the Committee of Privileges, and it is open to that Committee to condemn the person or organisation which has molested the petitioner."
Benn added that he will send full information to anyone wishing to use this procedure and that he would be "glad to secure the presentation of any petition that comes in."
The address is: Tony Benn MP, House of Commons, Westminster, London SWlA OAA.