Points of Order

Baroness Laing of Elderslie Excerpts

Wednesday 10th December 2014 Commons Chamber

[Mr Andy Slaughter (Hammersmith) (Lab)]

On a point of order, Madam Deputy Speaker. In a debate on consideration of Lords amendments to the Criminal Justice and Courts Bill on 1 December, the Lord Chancellor, while addressing the judicial review clauses in the Bill, misled this House—a matter that he corrected in a letter dated 4 December to the hon. and learned Member for Torridge and West Devon (Mr Cox), a copy of which was subsequently placed in the Libraries of both Houses.

In that letter, the Lord Chancellor wrote:

“As we discussed, during what was a complicated debate, I inadvertently suggested to you that clause 64 contains a provision for the court to grant permission to proceed with a judicial review where conduct is highly likely to have not made a difference if it considered there were exceptional circumstances to do so. I would like to take this opportunity to clarify that that is not the case. No such exceptional circumstances provision exists in this clause.”

Given that this misrepresentation goes to the heart of the Government’s proposals for judicial review in the Bill, I seek your guidance, Madam Deputy Speaker, on whether it is sufficient by way of correction to write to only one Member who took part in the debate and then to place a copy of that letter in the Libraries. Would it not be more appropriate for the Lord Chancellor to correct the record? I ask that particularly because it was clear from the debate in the other place yesterday on this House’s disagreements with the Lords amendments that the noble Lords taking part were unaware of the Lord Chancellor’s correction.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

The hon. Gentleman has made a perfectly reasonable point of order. It is certainly the case that, when a Minister has inadvertently misled the House, it is essential for that Minister to put the matter straight. In this instance, it appears that the Minister has written to the Member concerned, and has, with all honesty and courtesy, sought to put the matter straight. The hon. Gentleman has suggested that that is not adequate. Whether it is adequate or not is a matter of judgment, particularly for the Minister concerned.

I understand why the hon. Gentleman wishes to draw the matter to wider attention, and, by making his point of order, he has done so. I think that he has done so effectively, because I see that Ministers are taking note of what he has said and of what I am saying, and I have no doubt that the matter will be drawn to the attention of the Lord Chancellor. I should add that, although the hon. Gentleman mentioned the debate that took place in another place yesterday, there will of course be another opportunity for this House to debate the substantive matters in the near future, and I have every confidence that the Lord Chancellor will take that opportunity to set the record straight. I also have every confidence that if he does not do so, the hon. Gentleman will insist that he does. The Chair will also keep an eye on the matter.

[Mr Stewart Jackson (Peterborough) (Con)]

On a point of order, Madam Deputy Speaker. You will know that, in the wake of Prime Minister’s Questions, the right hon. Member for Leigh (Andy Burnham), the former Health Secretary, attempted to rebut what the Deputy Prime Minister had said about the facts of the franchise agreement for Hinchingbrooke hospital—the first privatisation of an acute district hospital in the NHS. He used words to the effect of “I did not sign off the privatisation.” However, on 27 March 2010, The Times recorded that he had signed the agreement to restrict the number of providers to just three, in the private sector. I fear that he may therefore have inadvertently misled the House with a slightly disingenuous response. I wonder whether you have been given notice that he will come to the House in the next few days to correct the record.

[Madam Deputy Speaker]

The fact that we have heard one genuine point of order does not mean that it should be assumed that all other points of order are anything more than attempts to extend the debate. However, I appreciate the point that the hon. Gentleman has made, and, again, I am sure that Ministers—and, in this instance, the colleagues of the right hon. Member for Leigh (Andy Burnham)—have taken note of what he has said.