Parliamentary privilege is a long-standing constitutional principle that seeks to protect the functioning of Parliament. It grants MPs and peers (amongst others) the freedom to ‘speak’ openly in the course of their duties, without fear of legal consequences. As such, it plays a critical role in the separation of powers, safeguarding Parliament from interference by the judiciary or executive.

The principle has recently come under the scrutiny of the courts in an unexpected manner, as highlighted by a legal challenge to the Government’s imposition of VAT on private school fees. This article considers the interesting deliberation of the High Court.