Section 90

There shall be a sessional Select Committee to be known as the Committee of

Privileges.

The Committee shall consists of the Speaker as Chairman and seven Members to be nominated by the Standing Committee as soon as may be after its appointment, in such manner as shall ensure that, so far as is possible, the balance between the Government benches and the Opposition benches in the

Assembly is reflected in the Committee.

There shall be referred to the Committee any complaint of breach of privileges or any matter which appears to affect the powers and privileges of the Assembly, and it shall be the duty of the Committee to consider any such matters to it referred, and to report on them to the Assembly.

The Speaker shall, in the event of any Member of the Committee being a complaint or being complained against, or being involved in the matter referred to the Committee, suspend him from the service of the Committee when the

Committee deals with such matter until such time as the committee has reported upon the matter to it referred. Upon such suspension, the Speaker shall nominate another Member in the place of such Member on the Committee. Such other Member shall cease to be a Member of the Committee after the Committee has reported upon the matter to it referred.

Whenever the Assembly is sitting any Member may rise at any time to make complaint alleging a breach of privilege suddenly arising, and if the Speaker is satisfied that the matter complained of prima facie affects the privileges of the

Assembly and that it has been raised at the earliest opportunity, the same shall stand referred, without any question, to the Committee and no further proceedings shall be taken in the matter until the Committee has reported thereon.

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Whenever the Assembly is not sitting, a Member may make a complaint in writing to the Speaker alleging a breach of privilege, and if the Speaker is satisfied that the matter complained of prima facie affects the privileges of the Assembly and that it has been raised at the earliest opportunity, he shall refer such matter to the

Committee which shall report thereon to the Assembly.

The leader of the House shall, upon receiving notice from the Clerk that copies of a report from the Committee have been made available to Members, give notice of a motion expressing the opinion of the Assembly in regard to the report. The provisions of paragraph (5) of Standing Order No. 96 (Reports from Select

Committees) shall not apply to a report from the Committee.

Any motion complaining of a breach of privilege of affecting the powers and privileges of the Assembly and any motion relating to a report of the Committee shall take precedence over public business shall be moved at the time appointed by Standing Order No. 13 (Order of Business).

Nothing in this or any other Standing Order shall be taken to deprive the

Assembly of the power to deal summarily in accordance with these Standing

Orders or any provisions of law, with any breach of privilege committed in the actual view of the Assembly or in the precints thereof when the Assembly is sitting or in any committee of the Assembly.

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The expression “breach of privilege” shall include any contempt of the Assembly, and the expressions “powers and privileges of the Assembly” or “privileges of the

Assembly” shall include the powers and privileges or the privileges of the

Speaker, the Members and the committees of the Assembly.

The Committee shall have power to send for persons, papers and records.