Memorandum by the Bill of Rights Appreciation
Society
SUBMISSION TO JOINT COMMITTEE ON PARLIAMENTARY
PRIVILEGE
The lawful basis for the right of Parliamentary
privilege is given under Article Nine of the Declaration and Bill
of Rights 1689, a core constitutional statute, still fully operative.
As you will be aware, the Bill of Rights was enacted to reaffirm
the rights, customs and ancient laws of England, which had become
"lately endangered." One of our very basic rights, enjoyed
in perpetuity, is the presumption of innocence. This principle
is clearly reinforced by Article Twelve of the Bill of Rights,
wherein is stated . . . "That all Grants and Promises of
Fines and Forfeitures before conviction are illegal and
void."
Since the Committee is discussing Members' rights
and freedoms, it is right to consider that my guaranteed rights
under the unimpeachable Bill of Rights, and those of many tens
of thousands of Her Majesty's loyal subjects, have been "lately
endangered" and denied. Those amongst us who legally indulged
in the sport of target pistol shooting have seen their property
forcibly removed from them in what was effectively an exercise
in collective guilt for the crimes of Thomas Hamilton. During
debates within the House of Commons on the Firearms (Amendment)
Act 1997, George Robertson MP revealed the name and address of
a Mr David Proctor, of Elstree, a shooter from whom Robertson
had received correspondence. He thereby endangered Mr Proctor
and his family, who were subjected to a hate campaign. Although
a flagrant and serious misuse of Parliamentary privilege, Robertson
was protected by Article Nine of the Bill of Rights.
Members of both Houses are required by their
oath of allegiance to have due respect for the Law, as it applies
to all. Our investigations have revealed an ignorance of the existence
of the Bill of Rights 1689. It nevertheless remains a Statute
in Force, embodying a clear set of principles which were not intended
to be eroded by subsequent lawmaking. I therefore entreat this
Committee, in the interests of justice and democracy, to seek
the means to restore the Rule of Law by the repealing of laws
which are unconstitutional and retrospective, as are the Firearms
Acts. The presumption of innocence must be restored to those subjectswho,
although not guilty of any crime, have had their lawfully held
property forcibly removed from them before conviction, in
direct conflict with Article Twelve, and whose right to arms for
defence, under Article Seven of the Bill of Rights is also denied
them.
Here in England, we have an inherited Crown,
inherited Peerage, and a House of Commons and a people inheriting
privileges, franchises and liberties from a long line of ancestors.
In short, rights and freedoms which belong to us all. Long may
it remain so, but only if the rights accorded to Her Majesty's
subjects in Law are as sacrosant as those given under the same
statute to Her Majesty's Government.
3 March 1998
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