FIRST SESSION OF THE SIXTH PARLIAMENT OF

THE SECOND REPUBLIC OF

SIERRA LEONE
2023 INDUCTION TRAINING
FOR MPs AND STAFF OF PARLIAMENT ON THE
THEME: “THE RIGHTS, PRIVILEGES AND IMMUNITUIES OF
MEMBERS AND STAFF OF PARLIAMENT”
PRESENTED BY:
KEMOH MARRAH & MANNAH BEREWA
COMMITTEE DEPARTMENT
 THE RIGHTS, PRIVILEGES AND IMMUNITIES OF
MEMBERS AND STAFF OF PARLIAMENT
INTRODUCTION

 All over the World Parliamentary rights and privileges

can be defined as the sum of the peculiar rights
enjoyed by each House collectively… and by
Members of each House individually, without which
they could not discharge their functions, and which
exceed those possessed by other bodies or individuals.
Thus privilege, though part of the law of the land, is to
a certain extent an exemption from the general law.
 Some privileges rest in the customs and traditions of
Parliament while others are expressed in the
Constitution and Standing Orders.
 CONT.

 These “peculiar rights” can be divided into two

categories: those extended to Members individually,
and those extended to the House collectively. Each
grouping can be broken down into specific
categories. For example, the rights and immunities
accorded to Members individually are generally
categorized under the following and Section 95, 98,
99 – 102 of the Constitution lay emphasis on
Parliamentary privileges and immunities:
 CONT.
 freedom of speech and debate;(Members speaking
in the Well of Parliament are not liable to
defamation)
 freedom from arrest in civil matters;
 exemption from jury duty;
 exemption from attendance as a witness;
 Freedom from obstruction, interference,
intimidation and molestation on Parliamentary
duties.
 THE RIGHTS, POWERS AND PRIVILEGES
OF PARLIAMENT MAY BE CATEGORIZED
AS FOLLOWS:
 Constitutional right as Legislature is vested in
Parliament..(Section 73(ii) there shall be a
legislature which shall be known as Parliament, and
shall consist of the President, the Speaker and
Members of Parliament);
 Power to make laws (Section 105 –Subject to
the provisions of this Constitution, Parliament shall
be the supreme legislative authority for Sierra
Leone);
 CONT.
 Privilege of Financial and Administrative
independence. The independence and administrative
status of Parliament is embedded in the in the
Parliamentary Service Act which seeks the interest
of MPs and staff welfare and oversight functions
etc. (Section 74(iv)..Members of Parliament shall be
entitled to such salaries, allowances, gratuities,
pensions and such other benefits as may be
prescribed by Parliament);
 CONT
 Power to regulate its own procedures – this is
witnessed on the allotted days during debate on
budget process, Presidential debate etc ( Section
94(i). subject to the provisions of this Constitution,
Parliament may regulate its own procedure, and may
in particular amend and revoke Standing Orders for
the orderly conduct of its own proceedings);
 Like any Court of law, Parliament and
Committees have the right to administer oaths to
witnesses during inquiry process. This is the normal
practice of any Committee enquiries;
 CONT
 The rights and privilege of MPs to make laws. Apart
from its traditional law making functions on behalf
of the Executive, it is incumbent upon MPs to make
Private Member Bills (S.O 48(i) and also put
motions (S.O 6). Despite challenges from the
Executive influence to pass some Private member
bills like the Abortion Bill, the Community Health
Bill etc. Parliament was able to pass the
Parliamentary Service Act.
 Cont.

 The right and privilege to institute inquiries and to

call witnesses and demand papers; Parliament and
its Parliamentary Committees have the rights and
privilege to summon MDAs including Ministers
and also institute inquiries as and when necessary
pursuant to Section 93(3&6) , 95 and 107
respectively. In addition to applying Member’
speech within the Chamber, Parliamentary
privileges also apply to Select Committees to
summon witnesses and also meet in camera to
discuss matters in the absent of Strangers;
 Proposal
A working document has been developed for the attention of
the Leadership to facilitate and support MPs and Staff in their
work from below:
a) Provision of fuel and transport allowances for each Member
on Sitting days and Committee meetings;
b) Provision for refreshment on Committee sittings;
c) Members Lounge to be exclusively used by Members;
d) The closure of the Parliamentary cafeteria to the general
public except invited guest;
e) Provision of Constituency funds to MPs and proper
accountability;
f) Provision of offices and other amenities for Members and
staff to discharge their duties in a dignified and ethical manner;
 Cont.

g) Provision of adequate and conducive meeting rooms and

office equipment to enhance motivation and effective
service delivery;
h) Timely and adequate budgetary allocations for
oversight functions. This will create impartial and
independent Committee activities;
i) With regards freedom of speech, Members are to consult
their political leadership or the leadership of Parliament
before engaging the media on parliamentary issues.
Otherwise they should channel Parliamentary issues to the
Clerk of Parliament or the Public Relations Department.
 CODE OF CONDUCT
Despite the privileges and immunities
extended to Members and Staff of Parliament,
the PSC has the authority to invoke privilege
where its ability has been obstructed in the
execution of its functions or where Members
and Staff have been obstructed in the
performance of their duties. Members are not
outside or above the law which governs all
citizens of the State.
 Cont.
 A Code of conduct therefore should be adapted to
guide and direct Members. It would form an
important element in any program to foster public
trust and improve public perception of Parliament
and its Members as a whole. For Parliament to meet
this democratic standard, it is essential that
Parliament build and maintain the public confidence
by conducting their work according to high
standards of professionalism and ethics.
 Cont.
 Parliamentary privilege is controversial because of its
potential for abuse; a Member or Staff can use privilege to
make damaging allegation, or involve in an un-
parliamentary or covert operations that could undermine
relations with Foreign State.
 In extreme cases the rights and privileges are also
regulated by code of conduct from which Section 97(a&b)
of the Constitution lay emphasis on MPs conducts in and
out of Parliament and also all violations to the set
privileges and immunity are referred to the Parliamentary
Committee on Privileges & Ethics to look in to the matter
(S.O 70(ii).
 Cont.
 Privilege essentially belongs to the House as a whole;
individual Members can only claim privilege in so far as
any denial of their rights, or threat made to them, would
impede the functioning of the House. In addition,
individual Members cannot claim privilege or immunity on
matters that are unrelated to their functions in the House.

 Any conduct which offends the authority or dignity of the

House, even though no breach of any specific privilege
may have been committed, is referred to as contempt of the
House. Contempt may be an act or an omission; it does not
have to actually obstruct or impede the House or a Member,
it merely has to have the tendency to produce such results.
 Cont.
 In 2013, the Committee on Ethics and Privileges
with support from UNDP put together codes of
conducts for MPs drawn mainly from these
provisions in Section 94 -103 of the 1991
Constitution and S.O 32 – 39 and 70(11). Again in
2021 the Leadership of Parliament held two days
consultative engagements with Staff and various
Chairpersons of Committee to restructure and
adopt Standard Operating Procedures in carrying
their activities. Key principles are embedded in this
report.
 Cont.
 Section 97 (a&b) of the Constitution lay emphasis on
the following principles:
 Member must uphold to the Constitution, the laws, the
Parliamentary institution and above all the general public;

 MPs must not do anything that brings disrepute to

Parliament that will affect their credibility;

 Members are expected to maintain high standards of

morality, dignity, decency and value in public life; where
a Member is held culpable; he/she shall be penalized or
censured by the plenary of the House;
 cont.

 MPs and Staff should not accept or solicit any fee, remuneration or
benefits for votes given or decisions made in the house or at
Committees, or for taking part in any Parliamentary deliberations.
Member or Staff found wanting of any of the above shall face the
Committee on Privileges & Ethics and in the case of the Staff; a
disciplinary action is taken;
 A Member or Staff should not allow his or her private interests be
in conflict with public trust;
 . Members and Staff of Parliament should not use public resources
in such a manner that may lead to public mistrust and should also
not misuse facilities made available to them;
 cont.

 Members and Staff should not be disrespectful towards any religion,

ethnic group or persons with disability;

 Members should uphold the fundamental human right as listed in

chapter 111 of Constitution;

 Members and Staff should be properly dressed at all times according to

parliamentary dress code within the precinct of Parliament. MPs must
carry out activities in a dignifying manner in and out of Parliament. Any
Member or Staff found culpable/guilty the Members or staff shall face
disciplinary action;
 cont.

 Members and Staff must conduct themselves not only in Committee

or plenary but also on their oversight functions;

 Supported by the Whips MPs should always be in the Well of

Parliament before commencement of sittings of Parliament;

 In dealing with confidentiality Members must abide by S.O 75;

failing which the Member shall be suspended from consecutive
settings or loss of salary and allowances;
 cont.

 Members and Staff should not take a gift which may interfere
with honest and impartial discharge of their official duties. They
may, however, accept incidental gifts or inexpensive mementos
and customary hospitalities. If found guilty the Member shall be
censured by the House and staff faced disciplinary actions

 Members should ensure disclosure of interests, financial and

otherwise to avoid conflict of interest with their public duties.
 CONCLUSION

 Parliamentary immunity and privileges have over the years been adopted
by various Legislators to freely execute their official duties. While MPS
and Staff enjoyed the privileges of the House, they are equally expected
to keep and maintain its ethical codes and conduct and be subject to its
penal codes.

 The dignity of Parliament is currently under the spot light and for which
we must work to protect its good image which is in line with the
Constitution and the Parliamentary Standing Orders.
 Reference:

• The Latimer Principles and Guidelines

• The National Constitution of Sierra Leone

• Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of

Parliament

• Htts//en.wikipedia.org/wiki/Parliamentary _ privileges
THANK YOU ALL