Points of Order

Marcus Fysh Excerpts

Tuesday 28th November 2017 Commons Chamber

[Mr Speaker]

I am very grateful to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer).

[Mr Marcus Fysh (Yeovil) (Con)]

Further to that point of order, Mr Speaker.

[Mr Speaker]

Order. I will come to the hon. Gentleman in due course, potentially.

[Mr Fysh]

It is on this matter.

[Mr Speaker]

Very well. Let us hear Mr Marcus Fysh.

[Mr Fysh]

On page 201 of “Erskine May”, the section on ministerial accountability quotes from a resolution that was passed by both Houses of Parliament in the 1996-97 Session, which makes it clear that Ministers do not have to disclose all information if it is not in the public interest to do so. Does that have any bearing on this?

[Mr Speaker]

I am extraordinarily grateful to the hon. Gentleman, and I say this in no spirit of discourtesy to him, but I am familiar with precedent in relation to these matters, and I did not particularly need to be advised of the presence of that material in “Erskine May”. He will not be surprised to know that I have attended to these matters recently and regularly.

What I would say in response to the hon. Member for Perth and North Perthshire (Pete Wishart) very specifically is that I can, of course, reconsider his letter, but I hope he will not mind my saying that I think it would be more orderly and courteous if he were to write to me again, if he is so minded, in the light of the developments that have ensued since his earlier letter. This is not being pedantic—it really is not. It is a question of procedural propriety. If I receive a letter from the hon. Gentleman, I will consider it and respond in a timely way.

Beyond that, what I want at this point to say is that I think it is well known to Members, and certainly to such legal luminaries as the former Director of Public Prosecutions, that a Member wishing to allege a contempt should, in the first instance, raise it not in a point of order, nor indeed in the media, but by writing to me as soon as practicable after the Member has notice of the alleged contempt or breach of privilege. I then decide whether or not the matter should have precedence. It is certainly also well known to the hon. Member for Perth and North Perthshire that this is the procedure, as he availed himself of it a few weeks ago. I am more than happy to confirm that my doors are always open for such written notices.

Beyond that formal statement, and in the hope that this is helpful to Members in all parts of the House, I would emphasise that we all heard what the Chair of the Brexit Select Committee had to say. He indicated that the Committee had made a public statement and requested an urgent audience with the Secretary of State, and that information from the right hon. Member for Leeds Central (Hilary Benn) was extremely important. The Minister responded, indicating a willingness on the part of the Secretary of State to meet, and to do so soon. May I very politely say to the Minister, who is always a most courteous fellow, that he was wise to make that statement? When it is suggested that that meeting should be soon, it means soon; it does not mean weeks hence. It means very soon indeed. Nothing—no commitment, no other diarised engagement—is more important than respecting the House, and in this case, the Committee of the House that has ownership of this matter, and to which the papers were to be provided. That is where the matter rests. As and when matters evolve, if a further representation alleging contempt is made to me, I will consider it very promptly and come back to the House. I hope that the House knows me well enough to know that I will do my duty.