Points of Order

Jim Fitzpatrick Excerpts

Tuesday 24th July 2018 Commons Chamber

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

On a point of order, Mr Deputy Speaker. I believe that yesterday Mr Speaker received an email from a law firm, Trowers & Hamlins, which represents Octagon Overseas Ltd and Mr John Christodoulou in enforcement action against leaseholders at Canary Riverside in my constituency. The law firm asked for my Adjournment debate scheduled for later today—“First tier tribunals, section 24 powers and enforcement on freeholders”—not to take place, claiming that the debate will be subject to sub judice rules. I have no intention of raising any sub judice matter. My debate is about the weaknesses in the rules concerning both first-tier tribunals and the section 24 powers of the court in general.

Mr Deputy Speaker, can you first confirm that my debate will go ahead, despite the attempted gagging email? Secondly, will you agree such efforts to direct you and Mr Speaker to stifle debates and to prevent MPs from raising matters of concern for their constituents are heavy-handed and wholly inappropriate?

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I thank the hon. Gentleman for giving me notice that he wished to raise this matter. It may be helpful if I first make it clear that the House’s sub judice resolution is not an externally-imposed rule, but a self-denying ordinance by which the House has agreed to limit its freedom of speech by avoiding references in debate to cases that are active before the UK courts. Certain exemptions apply and the resolution is subject always to the discretion of the Chair. It is not always practicable for the Chair or those who advise us to identify all cases that might come up in debate, or to ascertain in a timely way what the current status of those cases is. It can be quite helpful to be alerted to such cases, and there is nothing wrong with outside parties writing to draw our attention to potential sub judice concerns.

In response to the hon. Gentleman’s questions, I can confirm that his Adjournment debate will go ahead today. I am grateful for his assurance that he has no intention of raising any matter that is sub judice. I would not characterise the letter that Mr Speaker received yesterday as “wholly inappropriate”, though I agree that the final paragraph was ill conceived in arguing that it was imperative that the debate should not go ahead. I hope that this response is satisfactory to the hon. Gentleman.