Points of Order

John Bercow Excerpts

Tuesday 9th September 2014 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

On a point of order, Mr Speaker. An announcement was made earlier today that the Prime Minister, the Deputy Prime Minister and the Leader of the Opposition, wearing their hats as party leaders, are to go to Scotland tomorrow to spell out more details about further devolution of power to Scotland in the event of a no vote next week. The Deputy Prime Minister was giving evidence to the Political and Constitutional Reform Committee earlier today and I asked him why the UK House of Commons was not going to be told first about the details of further devolution so that Members could ask questions. There could, for example, be a Government statement on the issue at 7 o’clock this evening. The Deputy Prime Minister told me that the Government could not make such a statement, because of the rules of purdah.

My point of order, Mr Speaker, is to ask whether it is correct, under the procedures of this House, that the rules of purdah prevent Ministers from making a statement to our House about proposals for further devolution for Scotland. If purdah is not a bar, and if the Government are genuinely keen to share this information with the House, would it possible for them to make a statement at 7 o’clock this evening?

[Mr Speaker]

I am extremely grateful to the hon. Gentleman for his point of order. My understanding is that the convention of purdah during election and referendum campaigns is not a convention of a parliamentary character. There is nothing to prevent, or render illegitimate, the communication by a Minister of a view or intention to this House, and I therefore understand, having taken advice, that what the hon. Gentleman said about the possibility of a Government statement, either tonight or tomorrow, is correct. I am sure that there will be a warm glow on the countenance of the hon. Gentleman when he hears it said that he is correct.

[Mr Peter Hain (Neath) (Lab)]

Further to that point of order, Mr Speaker. As both a former Leader of the House and a former Welsh Minister who led the referendum campaign in Wales in 1997, I can express some sympathy with the hon. Gentleman’s view. It seems to me paradoxical, to say the least, that Ministers, including the Prime Minister and the Deputy Prime Minister, can make statements about the future of the United Kingdom outside the House, but cannot make such statements inside the House. As I understand it, the purdah applies to Government resources, and would prevent, for example, the sudden issue of a Government White Paper or a leaflet during the purdah period, but does not prevent the Prime Minister at Prime Minister’s questions tomorrow, or the Deputy Prime Minister at any time, from making a statement to the House. I therefore strongly endorse your interpretation of the point of order, Mr Speaker.

[Mr Speaker]

I am extremely grateful to the right hon. Gentleman for what he has said, not least because, as he reminded the House, he has done so on the back of considerable experience of leading the House and, previously, of leadership responsibilities in Wales. My understanding is his understanding, and it is also the understanding of the hon. Member for Christchurch (Mr Chope). In any case, in so far as purdah is an applicable concept in this regard, it applies to what is said outside the House as well as what is said inside the House. There does seem to be a slightly paradoxical notion that it is okay to say something outside the House, but not okay to say it inside the House. The issue, it seems to me, is whether the basic convention is being adhered to or not: whether what is being said is a proper thing to be said. If it is a proper thing to be said, it is perfectly proper for it to be said in this House.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Further to that point of order, Mr Speaker. What we have learnt from the media is that significant new powers for Scotland will be offered during a purdah period. I listened very carefully to your rulings in response to both the hon. Member for Christchurch (Mr Chope) and the right hon. Member for Neath (Mr Hain), but it seems to me that purdah will be broken, and that there is no excuse for the fact that the statement is being made outside the House, because it is still being made.

Can you tell us, Mr Speaker, whether this does indeed break purdah? Can you also tell us when you were first advised that the Prime Minister, the Deputy Prime Minister and the Leader of the Opposition would not be present for Prime Minister’s questions tomorrow, what arrangements have been put in place, and why they are fleeing—at such notice, and in such blind panic—to Scotland tomorrow?

[Mr Speaker]

I think that there are just two points for me to make in response to the hon. Gentleman’s point of order. First, although I have happily responded to points of order on the matter, it is important for me to emphasise—consistent with what I have said about purdah not being a convention of a parliamentary character—that purdah is not a matter for the Chair.

The second point relates to a factual inquiry from the hon. Gentleman about when I heard that the Prime Minister and the Leader of the Opposition would not be here for Prime Minister’s questions tomorrow. I did receive an indication of that within, I think, the last hour—

[Pete Wishart]

The last hour?

[Mr Speaker]

I can only say to the hon. Gentleman, notwithstanding the expression of shock upon his countenance, that absolutely nothing disorderly has taken place here. The hon. Gentleman is an experienced—I will not say “old hand”, but he is an experienced hand. He knows that, periodically, Prime Minister’s questions take place with the principals absent, and that in those circumstances it is quite common for the right hon. Member for Richmond (Yorks) (Mr Hague) to represent the Government, and very common for the right hon. and learned Member for Camberwell and Peckham (Ms Harman) to represent the Opposition. The hon. Gentleman may disapprove of that state of affairs, but nothing disorderly has happened.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Further to the point of order, Mr Speaker.

[Mr Speaker]

I do not think that the day would be complete without a point of order from the hon. Gentleman.

[Mr MacNeil]

I am very grateful, Mr Speaker; thank you very much. I wondered whether any of the procedures of the House can prevent Members—in this case, party leaders—from breaking the rules of purdah outside the House.

[Mr Speaker]

No. Nothing.

Well, I think that the House is satisfied for the time being—or, at any rate, that the appetite for points of order has been satisfied.

Bills Presented

Recall of Elected Representatives

Presentation and First Reading (Standing Order No. 57)

Zac Goldsmith, supported by Mr David Davis, Anne Marie Morris, Mr Andrew Mitchell, Jacob Rees-Mogg, Nick de Bois, Mr Frank Field, Kate Hoey, Caroline Lucas, Roger Williams, Jonathan Edwards and Mark Durkan, presented a Bill to make provision about the recall of Members of the House of Commons; to allow for the extension of such provision to other offices; to provide that the recall of elected representatives in Scotland, Wales and Northern Ireland be a devolved matter; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 6 March 2015, and to be printed.(Bill 88).

Affordable Housing Contributions (Ten Unit Threshold)

Presentation and First Reading (Standing Order No. 57)

Tim Farron, supported by Annette Brooke, Sir Nick Harvey, Jeremy Lefroy and John Woodcock, presented a Bill to give local planning authorities the power to determine the requirements for affordable housing contributions from sites of fewer than 10 units as part of planning obligation agreements under Section 106 of the Town and Country Planning Act 1990; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 6 March 2015, and to be printed.(Bill 90).