Points of Order

Hilary Benn Excerpts

Monday 8th November 2010 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

On a point of order, Mr Speaker. Following your reporting earlier of the certificate issued by the election court in the case involving the Oldham East and Saddleworth constituency, as the case raises important questions it would be sensible for the House to pause before considering a by-election writ, for two reasons.

First, the matter is the subject of continuing legal proceedings by Mr Woolas, as you reported to the House at 2.30, and it seems only proper that the proceedings are allowed to conclude. Secondly—without wishing to stray at all into the details of the case, which we should not do because, as you have ruled, it is sub judice under the terms of the resolution passed by the House in 2001—if the judgment were to be overturned and the former Member were reinstated, but in the meantime we had held a by-election and another Member had been elected, we could end up with two Members of Parliament for one constituency, and that would hardly be desirable.

It seems to me that the prudent and practical course of action is to allow the legal process to be concluded before the House considers the writ.

[Mr Speaker]

I am grateful to the right hon. Gentleman. He has made his points with great clarity.