Points of Order

Andy McDonald Excerpts

Thursday 5th November 2015 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

On a point of order, Mr Speaker. I rise to seek your guidance as to the way in which Members of this House should approach correspondence with the Director of Public Prosecutions. Earlier today, we saw the release of further correspondence between the hon. Member for West Bromwich East (Mr Watson), to whom I have given notice of my intention to raise the point of order, and the DPP and previous DPP. What guidance can you give as to the propriety or otherwise of Members of the House seeking to influence the conduct of specific criminal cases by the DPP or the Crown Prosecution Service, bearing in the mind the DPP’s constitutional independence and the importance of the CPS adhering to the statutory-based code of conduct for Crown prosecutors? Is it therefore appropriate for a Member of this House to seek to ask the DPP to have a named senior Crown prosecutor removed from an investigation and from doing all other child sex abuse cases until an investigation has taken place, and to seek a review of all such work that had happened since they had been in the CPS—all on the basis of matters found by the CPS, upon investigation, not to be borne out by the evidence? Secondly, is it appropriate for Members to do that in cases where the complainant or those involved in the case are not the Member’s constituents?

[Andy McDonald (Middlesbrough) (Lab)]

rose—

[Mr Speaker]

If it is on this matter, I will take the hon. Gentleman’s point of order and then respond to the two as a group.

[Andy McDonald]

Further to that point of order, Mr Speaker. We have a special responsibility to our constituents, but as Members we also have a responsibility to act for everyone in this country. My hon. Friend the Member for West Bromwich East (Mr Watson) was approached by alleged victims and survivors of sexual crimes who were unhappy at how their cases had been handled. He acted to ensure that the proper procedures were followed. It is right and proper that complaints of this kind are dealt with properly by the criminal justice system, and where Members of this House can assist with that, they should.

[Mr Speaker]

Let me say the following in response to these points of order. First, I understand that there are strong feelings on this matter, and sometimes feelings that are contrary to each other, and they have been articulated on the Floor of the House this afternoon. About that, I make no complaint whatsoever. In response to the hon. Member for Bromley and Chislehurst (Robert Neill), who, with his usual courtesy, kindly notified me in advance of his intention to raise the point of order, what I would say is this: it is not for the Chair to seek to advise Members on those with whom they should or should not communicate. That is a matter upon which they can and will make their own individual judgment. The DPP will decide what course of action, if any, to follow in response to representations, written or otherwise, from a Member of Parliament. I do not doubt the good intentions of the hon. Gentleman, a distinguished lawyer who of course chairs an important Select Committee in this House, but I feel that it is not for the Chair to be drawn into these matters. I hope that, upon reflection, people will feel that there is a certain logic to what I am saying. Colleagues, make your own judgments about these matters.