Section 34 applies to information whose exemption is required in
order to avoid an infringement of the privileges of either House of Parliament.
The purpose of section 34 is to preserve Parliamentary privilege and protect
the position of Parliament.
Key points
Section 34 will need to be considered where a public authority is
required to lay information before Parliament before disclosing it to
anyone else.
If privileged information has been published by Parliament then section
34 will not apply: exemption is not required in order to avoid an infringement
of Parliamentary privilege.
Section 34(3) enables the Parliamentary authorities to conclusively
certify that section 34 applies. Departments are strongly advised to
consult officials from the relevant House before relying on section
34 and to obtain a certificate where necessary.
Section 34 is not subject to any public interest
test balance.
