Points of Order

Edward Leigh Excerpts

Monday 4th February 2013 Commons Chamber

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

rose—

[Mr Edward Leigh (Gainsborough) (Con)]

rose—

[Mr Speaker]

The House is in a very inquisitive mood today.

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order and for notice of it. With reference to the use of material outside the House being bona fide or not, that is a matter for the courts, and the hon. Gentleman will not expect me to occupy that territory. However, I can give what I hope is a substantive response to his point of order that is of value to him and the House.

I am quite clear that his contribution in Westminster Hall is protected entirely by article 9 of the Bill of Rights. What he said on that occasion may not be impeached or questioned in any court or place outside Parliament. The protection of papers published under the direct authority of this House is also clear. However, the extent of the protection afforded under section 3 of the Parliamentary Papers Act 1840 or otherwise to the repetition in some other place of anything said in this House is, as I have indicated, a matter for the courts, as the Act makes clear—it would be quite wrong for me to offer any opinion on that question from the Chair. The hon. Gentleman may wish to take up any particular concerns he has on parliamentary freedom of speech with the Joint Committee on Parliamentary Privilege. I hope that is helpful.

[Mr Edward Leigh]

On a point of order, Mr Speaker. You will know that one reason I admire you so much is that you are such a doughty defender of the rights of the House in scrutinising the Executive. You will recall that last week I raised with you the fact that the Marriage (Same Sex Couples) Bill will not be committed to the whole House tomorrow. I have been advised by the Clerks—indeed, by a very polite gentleman sitting not a million miles from you—that, although I can table a motion to commit the Bill to the whole House, as I have done, it cannot be debated. Even if Her Majesty’s Opposition or a majority of Members table such a motion, the only people who can commit a Bill to the whole House are the Government. Is that not a democratic lacuna? Is there not something wrong with our procedures? We are faced with an important Bill and constitutional issues concerning the established Church, but nobody apart from the Government has the right to commit it to the whole House.

[Mr Speaker]

I thank the hon. Gentleman for his point of order. What he has just said to the House is substantially correct: the Government’s motion takes precedence. My understanding is that, once the Government have tabled a motion on the matter he has in mind, another motion cannot be considered before or alongside it. The matter in question is catered for—albeit very unsatisfactorily in the mind of the hon. Gentleman—by the Standing Orders of the House. If he or others would like the Standing Orders to be revisited and revised, one possible course would be to approach the Procedure Committee and ask it to consider whether to do so. I accept, however, that that does not avail him tomorrow, and he has raised a serious point that he might wish to pursue.

So far as tomorrow’s debate is concerned—I know the hon. Gentleman has not raised this matter with regard to himself—a very large number of right hon. and hon. Members will be seeking to catch my eye. My surmise is that he will be one of them. The Chair will seek to be as helpful as time allows. We will have to leave it there for now.

bills presented

Financial Services (Banking Reform) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Chancellor of the Exchequer, supported by the Prime Minister, the Deputy Prime Minister, Secretary Vince Cable, Danny Alexander, Greg Clark, Mr David Gauke and Sajid Javid presented a Bill to make further provision about banking and other financial services, including provision about the Financial Services Compensation Scheme; to make provision for the amounts owed in respect of certain deposits to be treated as a preferential debt on insolvency; to make provision about the accounts of the Bank of England and its wholly owned subsidiaries; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 130) with explanatory notes (Bill 130-EN).

Children and Families Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Michael Gove, supported by the Prime Minister, the Deputy Prime Minister, Secretary Chris Grayling, Secretary Vince Cable, Mr Secretary Hunt, Steve Webb, Mr Edward Timpson, Jo Swinson and Elizabeth Truss presented a Bill to make provision about children, families, and people with special educational needs; to make provision about the right to request flexible working; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 131) with explanatory notes (Bill 131-EN).