The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL), and recommended that the European Parliament waive the immunity of Jane COLLINS (EFDD, RU).
Members recalled that the issue involves the defence of Jane Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London.
Firstly, the request concerns the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, bearing in mind the applicable jurisprudence (Mote case), it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings. The request for defence of parliamentary privilege is therefore inadmissible in respect of Article 7.
The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Jane Collins made at a party conference. However, the committee stated that there is no direct, obvious connection between the contested statements and Jane Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate. It appears that the contested statements are, therefore, not covered by Article 8 of the Protocol.
Bearing these factors in mind, Members called on the European Parliament not to defend the privileges and immunities of Jane Collins.