Points of Order

Lord Hanson of Flint Excerpts

Tuesday 19th January 2016 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order and his characteristic courtesy in notifying me in advance of its thrust. He asks how he can represent the interests of his constituents in relation to the education regulations before the House. This gives me the opportunity to explain the situation. Although I have certified the instrument as relating exclusively to England, the prayer to annul it requires a majority both of all Members and of Members representing English constituencies, so he is perfectly entitled to vote on it. The test that the Standing Order sets is that every provision of the instrument relates exclusively to England and is within devolved legislative competence. I am satisfied that the instrument meets that test. In forming my judgment, I am guided by advice from Speaker’s Counsel and from the Public Bill Office. Our exchange is now on the record and will, I hope, be useful to him in such exchanges or communications as take place.

[Mr David Hanson (Delyn) (Lab)]

rose—

[Mr Speaker]

I am not sure whether this will be further to that point of order, but I shall discover whether that is so, courtesy of the right hon. Member for Delyn (Mr Hanson).

[Mr Hanson]

Further to that point of order, Mr Speaker. I fully accept your interpretation of this matter, Mr Speaker, which is right and proper. My further point of order is about the opportunities available to Members who believe that they have an interest in Wales to make representations to you prior to your certification. As my hon. Friend the Member for Wrexham (Ian C. Lucas) will point out, there are implications concerning the impact of budgets on communities such as ours. For example, I have only just learned in the last few moments, prior to entering the Chamber this morning, of your certification on this particular matter, and I am interested for future reference in what process is in place for us to make those representations. Self-evidently, we Members with Welsh seats believe that we have a constituency interest in this matter.

[Mr Speaker]

I am grateful to the right hon. Gentleman for his point of order, but if my memory serves me correctly, I announced my decision on this matter on 6 January. There has therefore been a period of no fewer than 12 days in which it was open to right hon. and hon. Members to make representations. Moreover, in relation not, I concede, to instruments, but to Bills, the House will be conscious or will start to become conscious that it is my frequent practice to make a provisional certification, which is subject to review during the passage of the piece of legislation, depending on the sequence of events. If, during such periods, Members feel that their point of view has not been heard and that if I heard it I might reach a different judgment, they should take the opportunity to make that known.

The right hon. Gentleman looked rather sceptical when I said that a judgment had been made about this matter several days ago, but I emphasise that there is no intention at all to deny Members the opportunity to make representations. Indeed, it is rather the contrary. I would also very politely point out to the right hon. Gentleman and the House that this procedure is one that the House has decided I should operate. I am seeking to operate it to the best of my ability and extremely fairly. It is not, however, the Speaker’s procedure; it is a judgment that the House has made, and I am making the best job of it that I can. [Interruption.] The right hon. Gentleman is intimating from a sedentary position that his facial expressions were those not of scepticism, but of gratitude. I am grateful to him for that helpful clarification—as an expectant nation will also be, I am sure.