Points of Order

David Davis Excerpts

Monday 21st May 2012 Commons Chamber

[Mr Peter Hain (Neath) (Lab)]

On a point of order, Mr Speaker. May I thank you personally, and also thank the whole House—whose opinion was expressed in an early-day motion sponsored by the right hon. Member for Haltemprice and Howden (Mr Davis) and my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) in the last Session—for supporting me in connection with the prosecution brought by the Northern Ireland Attorney-General? It is perhaps no coincidence that common sense finally prevailed last week and the Attorney-General dropped the prosecution, but issues of free speech for Members and the ancient offence of scandalising a judge are still unresolved. Will you consider, Mr Speaker, how the House could present proposals to give greater protection to freedom of speech for Members over contempt actions—whether or not statements are made in the House or outside—and make recommendations to the House?

[Mr David Davis (Haltemprice and Howden) (Con)]

Further to the point of order, Mr Speaker. As you might imagine, since the right hon. Member for Neath (Mr Hain) has been suffering this burden, a number of us have been looking into the possibilities. If you are able to answer the right hon. Gentleman’s question in the affirmative, will you tell us whether the House could also consider recommending legislation to the Government, given that it is almost certainly necessary?

[Mr Speaker]

I am grateful to the right hon. Member for Neath (Mr Hain) for his point of order, and for notice of it. I am also grateful to the right hon. Member for Haltemprice and Howden (Mr Davis) for his follow-up. Let me first say, for the benefit of both the right hon. Member for Neath and the House, that, as he will recall, my concern was that Members who wish to table an early-day motion upon this matter should be free to do so in terms that reflect their beliefs—and it was then up to them to seek support from other Members of the House, which, indeed, was forthcoming in very substantial number. I note the thanks the right hon. Gentleman has given, but I simply thought I was doing my democratic duty by the House.

Secondly, I may disappoint the right hon. Gentleman by saying the following, but it remains a fact: it would not be for me to recommend any such course of action in relation to the ancient offence to which he referred. That is not a matter for the Speaker, but the right hon. Gentleman, or any other non-ministerial Member, is free to propose legislation by way of a private Member’s Bill. Moreover, the right hon. Members for Neath and for Haltemprice and Howden and other Members are very well versed in the use of the procedures of this House to highlight what they judge to be a continuing omission or an area of policy that requires, let us say, corrective action. Knowing the right hon. Member for Neath and his track record of public campaigning on matters big and small over four decades, I doubt that he will require any further encouragement from the Chair.