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Committee of Privileges

The Committee of Privileges is a House of Commons select committee which considers matters relating to parliamentary privilege. Two issues have been referred to the committee in the 2024 Parliament.

This briefing outlines the committee’s role and matters referred to it since 1979.

Remit and powers of the Committee of Privileges

The remit and powers of the Committee of Privileges are set out in Standing Order No 148A. It is appointed to “consider specific matters relating to privileges referred to it by the House”.

Parliamentary privilege grants certain legal immunities for Members of both Houses of Parliament so they can perform their duties without outside interference. This includes freedom of speech and the right of both Houses to regulate their own affairs.

Erskine May explains that when these rights and immunities are disregarded or attacked, this is a “breach of privilege”. A privilege matter is essentially whether the House has been impeded in a way that affects how it performs its duties.

The committee has the power to appoint sub-committees. Both the committee and its sub-committees have the usual select committee powers “to send for persons, papers and records”; to sit while the House is adjourned and to appoint specialist advisers. Like the Committee on Standards, it has the explicit power to appoint legal advisers.

The committee also has the power “to order the attendance of any Member before the committee and to require that specific documents or records in the possession of a Member relating to its inquiries be laid before the committee or any sub-committee”.

Matters referred to the Committee of Privileges

The Committee of Privileges has considered two matters in the 2024 Parliament:

• Legal proceedings by the Charity Commission that prevented a report from being laid before the House
• A request from the Omagh Bombing inquiry for a transcript of unreported evidence taken by the Northern Ireland Affairs Committee in 2009

Legal proceedings by the Charity Commission that prevented a report from being laid before the House

On 4 September 2025, the House of Commons referred to the Committee of Privileges “the actions of the Charity Commission in bringing legal proceedings that would prevent the laying of a report before this House”.

The Committee of Privileges’ report, Matter referred on 4 September 2025: Actions of the Charity Commission, was published on 14 July 2026.

In a press release on the same day, the committee set out its conclusions. It said that reports from the Parliamentary Commissioner for Administration were proceedings of Parliament. The obstruction of the provision of information to Parliament was unacceptable. The committee recommended that the CEO of the Charity Commission should apologise to the House for “repeatedly saying that the Commission’s legal action was not intended to quash the laying of the reports when that was precisely its purpose”. It also concluded that the board of the commission should apologise to the House for backing the legal action, a contempt of Parliament.

The Charity Commission apologised unreservedly (PDF)to Parliament in response to the House of Commons Committee for Privileges report.

On 14 September 2026, the House will be asked to endorse the committee’s conclusions and recommendations.

Request from the Omagh Bombing inquiry for a transcript of unreported evidence taken by the Northern Ireland Affairs Committee in 2009

On 14 July 2025, the House of Commons referred to the Committee of Privileges a request from the secretary of the Omagh Bombing Inquiry for evidence taken by the Northern Ireland Affairs Committee that was not reported to the House of Commons.

The Committee of Privileges has recommended that the House should be asked to provide the unreported evidence to the Omagh Bombing Inquiry (PDF).

The committee expressed concern that the previous government appeared to overlook constitutional proprieties by authorising the inquiry to examine unpublished select committee evidence. It welcomed the inquiry’s assurance that the evidence would be subject to the inquiry’s protocol to check material relevant to national security and any necessary security check.

On 29 October 2025, the report was debated on the floor of the House. The House of Commons agreed with the Committee of Privileges and ordered that “the unpublished transcript of unreported evidence taken by the Northern Ireland Affairs Committee on 11 November 2009 be provided to the Omagh Bombing Inquiry and that the Inquiry shall have power to disclose or publish it if it thinks fit to do so, after taking relevant advice”.

The government’s response to the report was published on 23 January 2026. The Leader of the House of Commons welcomed the debate on 29 October 2025 when the House ordered that the public inquiry be given access to the unpublished oral evidence.

He said that the government had noted the committee’s other reflections, as he had said in the debate. He had also reminded Cabinet colleagues that parliamentary privilege was a fundamental constitutional principle.

Matters referred to the committee since 1979

Brief details of the cases referred to the committee since 1979 are reported in a separate annex to this briefing, available above.