Points of Order

John McDonnell Excerpts

Tuesday 19th March 2024 Commons Chamber

[Madam Deputy Speaker]

I thank the hon. Lady for her point of order. She has successfully shone a light on what has happened in this instance. I see that there is a Defence Minister on the Treasury Bench, so I am sure that her comments will be fed back and hope that the meeting to which she refers can take place accordingly. I think she has achieved her objective of highlighting the problem.

[John McDonnell (Hayes and Harlington) (Lab)]

On a point of order, Madam Deputy Speaker. I sat through today’s urgent question and listened to the various questions raised on the supply of arms to Israel. It is clear that the Government are continuing to supply arms to Israel, some of which will have been used in the attacks on Gaza. Some of those attacks have been judged to be contrary to the International Court of Justice judgment and are potentially war crimes. Can I ask Mr Speaker to seek and publish legal advice on the legal responsibilities of individuals of this House in holding the Government to account to prevent complicity in those war crimes, so that we are all aware of our responsibilities and the role we have to play, as this Government receive their authority from this Chamber?

[Madam Deputy Speaker]

I thank the right hon. Gentleman for his point of order. He did not give me notice of it, so I have been unable to seek advice on the legal point he raises. I am unclear on whether he is asking Mr Speaker to publish legal advice.

[John McDonnell]

Further to that point of order, Madam Deputy Speaker. I apologise; I could not give notice of my point of order because it arises from the urgent question, which has only just concluded. I am asking Mr Speaker to seek legal advice on our behalf and to publish it, because it is important that we all know our legal responsibilities in respect of the potential complicity of this Government in war crimes.

[Madam Deputy Speaker]

My initial response is that the Minister of State, the right hon. Member for Sutton Coldfield (Mr Mitchell), has come here and answered a number of questions on the issue that the right hon. Gentleman raises. The Minister is indicating that he may be able to help me out a little on legal advice. It feels highly unusual for Mr Speaker to seek legal advice on an issue affecting the Government, because the Government obviously get their own legal advice. Perhaps we could hear from the Minister before going any further.

[The Minister of State, Foreign, Commonwealth and Development Office (Mr Andrew Mitchell)]

Further to that point of order, Madam Deputy Speaker. The right hon. Member for Hayes and Harlington (John McDonnell), who is an extremely experienced Member of the House, is seeking—ingeniously—to continue debate on the subject of the urgent question. He knows perfectly well that the Government operate under the rule of law. When it comes to arms sales, the arms regime and the work of the arms inspection committee, all those matters are determined by the law of the land. When it comes to international humanitarian law, the position is precisely the same: the Government take advice from the Law Officers, who are charged with advising us on these matters, and the Government act on that advice.

[John McDonnell]

rose—

[Madam Deputy Speaker]

That is the point that I was trying to make, but obviously the Minister, who I am sure often works with legal advisers, was able to make it much more coherently. I am not sure that we can pursue this much further. I will let the right hon. Gentleman have one more go, but I think that we will have reached the end of the questioning after this.

[John McDonnell]

Further to that point of order, Madam Deputy Speaker. I am not seeking to extend the debate at all; this is an incredibly serious point. The Minister just said that the Government are operating under the rule of law, but some of us believe that is not true any more, because of how the ICJ judgment was phrased. So we need advice as individual Members, separate from the Government—and it is the Speaker’s responsibility to ensure that we are properly advised—about our responsibilities when we believe there is potential complicity in war crime. All I seek is that advice should be sought and published.

[Madam Deputy Speaker]

As I said, the Government perform within the legal advice that they receive, not least from the Attorney General. Separate legal proceedings are going through the ICJ, and I do not think it is for Members of the House to interfere in that process either. The right hon. Gentleman will know that individual Members of the House have the right to seek legal advice. His comments will have been heard, and if there is anything further to be added to them, I know that the Clerks will advise us whether we should return to the matter, but I think his request for specific legal advice to the Speaker would be highly unusual. If I need to add anything to that, I assure him that I will come back to him.

Bill Presented

Football Governance Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Lucy Frazer, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary James Cleverly, Secretary David T. C. Davies, John Glen and Stuart Andrew, presented a Bill to establish the Independent Football Regulator; to make provision for the licensing of football clubs; to make provision about the distribution of revenue received by organisers of football competitions; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 187) with explanatory notes (Bill 187-EN).