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Misleading of parliament

From Wikipedia, the free encyclopedia
Illicit act by a government minister in the Westminster system

Themisleading of parliament is the knowing presentation of false information toparliament, a very serious charge inWestminster system parliamentary assemblies.[1][2] By convention,government ministers who are found to have misled parliament will generally lose their ministerial portfolio. For example, theScottish Ministerial Code requires ministers to resign if they mislead theScottish Parliament.[3] For witnesses giving testimony to anAustralian parliamentary committee, giving misleading evidence can be considered acontempt of parliament.[4]

Notable instances

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Australia

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United Kingdom

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In 1994 theUK parliament's Treasury & Civil Service Committee noted that "the knowledge that ministers and civil servants may evade questions and put the best gloss on the facts but will not lie or knowingly mislead the House of Commons is one of the most powerful tools MPs have in holding the executive to account".[5] The committee argued that any minister who was discovered to have knowingly lied to parliament should resign.[6] Intentionally misleading parliament could result in being held incontempt of parliament; however, it is unclear what penalties there would be. The UK parliament has not levied a fine since 1666.[7] As a result,Channel 4 found that "It's easier to get thrown out of the House of Commons for calling someone a liar than for lying itself."[8]

In 2021, a petition to make knowingly lying to parliament a criminal offence obtained more than 100,000 signatures. The UK government announced that it does not plan to do so.[10]

References

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  1. ^"Lateline - 11/08/2003: Latham accuses Howard of misleading Parliament. Australian Broadcasting Corp".www.abc.net.au. Retrieved2016-11-04.
  2. ^"Inside Parliament: Minister's apology fails to satisfy MPs: Handling".The Independent. 1994-05-11.
  3. ^Scottish Government (June 2008).Scottish Ministerial Code: A code of conduct and guidance on procedures for Members of the Scottish Government and Junior Scottish Ministers(PDF). p. 6.It is of paramount importance that Ministers give accurate and truthful information to the Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the Parliament will be expected to offer their resignation to the First Minister
  4. ^Appearing as a witness at a Parliamentary committee hearingArchived 2009-06-29 at theWayback Machine
  5. ^Winetrobe, Barry K (28 January 1997).The Accountability Debate: Ministerial Responsibility(PDF) (Report). House of Commons Library. Retrieved22 April 2022.
  6. ^Tomkins, Adam (March 1996). "A right to mislead Parliament?".Legal Studies.16 (1):63–83.doi:10.1111/j.1748-121X.1996.tb00400.x.S2CID 144602584.
  7. ^"Disciplinary and Penal Powers of the House"(PDF).Parliament of the United Kingdom. House of Commons Information Office.
  8. ^abWorrall, Patrick (28 April 2021)."FactCheck: what are the consequences for politicians who lie?".Channel 4 News. Retrieved5 September 2021.
  9. ^"Court order shows 'Boris Johnson misled Parliament over coronavirus contracts'".The Scotsman. 5 March 2021.
  10. ^Geraghty, Liam (17 August 2021)."Petition to make lying in parliament illegal could get MPs' debate".The Big Issue. Retrieved26 January 2022.


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