(12d) It should be possible to refuse an EIO where its recognition or execution in the executing State would involve breaching of an immunity or privilege in that State.

the Speaker should ask himself, when he has to decide whether to grant precedence over other public business to a motion which a Member who has complained of some act or conduct as constituting a breach of privilege desires to move, should be not do I consider that, assuming that the facts are as stated, the act or conduct constitutes a breach of privilege, but could it reasonably be held to be a breach of privilege, or to put it shortly, has the Member an arguable point?

52 As it has not been asserted that the risks of interference with the exercise by Mr Mote of his parliamentary functions were constituted by restrictions of a kind other than those stemming from the proceedings brought by the law enforcement authorities of his Member State of origin, it must be concluded that the Parliament did not err in law when it decided to waive Mr Mote’s immunity without ruling on the privilege which was granted to him in his capacity as a Member or deciding that Article 8 of the Protocol had been infringed in the present case".

A competent authority invested with the powers proposed in the amendment could seriously undermine legal confidentiality and legal privilege.

Senator Cools has rightly reminded the Senate that the role of the Speaker in consideration of a question of privilege is limited to assessing whether there is a prima facie case, that is, whether the subject of the alleged breech is sufficiently serious to warrant further consideration by the Senate.

I will argue that this action by the government constitutes a grave and serious breach of privilege, and that the only appropriate remedy for this situation is to have the matter referred, as a prima facie breach of privilege, to the Standing Committee on Privileges, Standing Rules and Orders.