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Finns Party MP's immunity from prosecution should be lifted, says Constitutional Law Committee

The committee ruled that Juha Mäenpää should face legal consequences for his "invasive species" speech in Parliament.

Johanna Ojala-Niemelä ja Wille Rydman
Committee chair Johanna Ojala-Niemelä of the SDP and dissenting committee member Wille Rydman of the NCP announced the ruling on Wednesday. Image: Emmi Korhonen / Lehtikuva
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The Constitutional Law Committee recommended on Wednesday that Parliament should remove MP Juha Mäenpää's immunity from prosecution based on his alleged use of hate speech on the floor of the legislature.

However his Finns Party can still protect him from being charged with a crime.

Unusually, the Constitutional Law Committee's memorandum was not unanimous, but was approved by a vote of 12-5.

The committee's three Finns Party members filed a dissenting opinion, joined by two MPs from the other main opposition party, the conservative National Coalition Party (NCP).

The dissenters argued that the matter should be handled through the legislature's internal disciplinary system.

Meanwhile the committee's vice chair, former justice minister Antti Häkkänen of the NCP, voted with the majority to lift immunity.

The committee said that parliamentary immunity and freedom of speech are not intended to protect using the legislature to assault human dignity and equality.

Most of the legal experts who testified before the committee also said they believed that immunity should be lifted.

Finns Party can block waiver

The case stems from a speech Mäenpää made before the legislature a year ago, when he likened asylum seekers to "invasive species".

A preliminary police investigation found grounds for a charge of inciting hatred against an ethnic group.

However an MP cannot be charged with a crime unless five-sixths of lawmakers agree to waive his or her legal immunity. State Prosecutor Raija Toiviainen has asked Parliament to do so.

To move ahead with prosecution, 167 out of 200 MPs would need to back the proposal – but the 38 Finns Party lawmakers could block the prosecution if they all vote against the proposal.

No MP's immunity has ever been lifted in Finnish history.