Points of Order

David Davis Excerpts

Thursday 12th May 2016 Commons Chamber

[Mr Speaker]

I am very grateful to the hon. Gentleman for his point of order. Let me say the following. First, in so far as he has a concern about what he describes as the use of the Dispatch Box for “vicious party political campaigning”, that is somewhat beyond my purview. I have no ambition to try to bring an end to such activity, and I do not think that ambition would be a realistic one.

Secondly, the hon. Gentleman has made his concern on this matter clear. As I said on Monday in response to his point of order on that occasion, what is said in this place by any Member—any Member—is the responsibility of that Member. It is for the Leader of the House to decide whether he wishes to correct or to clarify what he said about this matter. The hon. Gentleman referred to “vicious party political campaigning”, but, in trying to be helpful to him, I detect that what concerns him is what he judges to be an incorrect, inaccurate or false personal attack. My answer to that is that each Member must take responsibility. Members have parliamentary privilege. That parliamentary privilege must be used with care and responsibility. If it is not, it is damaging to the doctrine of parliamentary privilege and to the rights not only of the Member concerned but those of Members across the House. Whether it is necessary for anything to be said by the Leader of the House is not, at this stage, something that I can possibly judge. However, I have tried to give as full and fair a response to the hon. Gentleman as I can.

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

On a point of order, Mr Speaker. This is similar to the point of order made by the hon. Member for Kingston upon Hull East (Karl Turner). It is about qualified privilege, public record and the protection of the reputation of ordinary citizens, not necessary political people. On 20 April, in response to a parliamentary question, the Prime Minister referred to Mr Suliman Gani and said, “this man supports IS”—Islamic State. That is an incredibly serious allegation, with massive reputational implications. It might restrict somebody’s right to travel, perhaps to the US, and it could even put his safety and that of his family at risk.

It transpires that the allegation was not true. On Monday this week, I wrote to the Prime Minister asking him to correct this, and, to be fair, there was an apology and correction issued by a spokesman of 10 Downing Street yesterday. Of course, that did not have the same prominence as the original allegation and, in many ways just as importantly, does not correct the original allegation in the official record, which can still be published by others under qualified privilege—perhaps people who do not follow our affairs quite so closely. I am very concerned about the consequences of that, and I want to ask you, Mr Speaker, what can be done by the House or by the Government to protect people such as Mr Gani from the further consequence of a serious calumny—no matter how unintentional—against his reputation.

[Mr Speaker]

I thank the right hon. Gentleman for his point of order, and for his courtesy to me in providing notice of it. I understand that the Prime Minister has answered a written question on this matter today seeking to clarify what he said in the House, and this is available on the parliamentary website in the usual way. However, I appreciate that Members are here and they want a specific and informative reply. They may well not yet have consulted the parliamentary website.

The question was tabled by the right hon. Member for Broadland (Mr Simpson) and was answered by the Prime Minister. The Prime Minister has answered:

“I was referring to reports that Mr Gani supports an Islamic state. I am clear that this does not mean Mr Gani supports the organisation Daesh and I apologise to him for any misunderstanding.”

As I have said before—indeed, only a few moments ago, in response to the hon. Member for Kingston upon Hull East (Karl Turner)—what a Member says in this place is the responsibility of that Member. I reiterate, as I often do, that, while parliamentary privilege is an essential protection of free speech, all Members should reflect carefully before criticising individuals. As “Erskine May” notes, it is

“the duty of each Member to refrain from any course of action prejudicial to the privilege which he enjoys.”

I have already referred to the written answer, and the right hon. Member for Haltemprice and Howden (Mr Davis) has referred to what I understand to be an apology issued by a spokesperson last night. It is not for the Chair to require a Member to apologise on the Floor of the House, but it is perfectly open to a Member to do so, and good grace and magnanimity in these circumstances are, I know, always appreciated.