Points of Order

Tom Brake Excerpts

Monday 27th November 2017 Commons Chamber

[Mr Speaker]

I am extremely grateful to the hon. Gentleman for his point of order. As he says, publication to the Select Committee has taken place today. I had anticipated that it would, because obviously conversations about this matter took place between the Secretary of State for Exiting the European Union and the Chair of the Brexit Committee, the right hon. Member for Leeds Central (Hilary Benn), and conversations took place that included me. I had expected that the analyses would be released no later than today and am pleased that that has happened.

I note what the hon. Gentleman says about the extent of the interest in the matters covered by the sectoral analyses. My response is to say to him that publication is to the Committee and the matter is in the hands of the Committee. It is perfectly open to the hon. Gentleman —and, indeed, to other Members similarly interested—to approach the Chair of the Select Committee and to seek disclosure. I must emphasise, however, that at this stage it is very much a matter for the Chair of the Committee, although an approach to him is in no way improper—indeed, not least on the back of this point of order, it is very much to be expected. The right hon. Member for Leeds Central is a very experienced Member of this House, as well as an unfailingly courteous one, and I rather doubt that he would be surprised to be so approached.

[Tom Brake (Carshalton and Wallington) (LD)]

Further to that point of order, Mr Speaker.

[Mr Speaker]

The right hon. Gentleman is not hailing a taxi, but nevertheless I am happy to hear his point of order.

[Tom Brake]

Mr Speaker, you are clearly someone with great experience of the procedures in this House. Do you feel that there would be a public interest defence if the Chair of the Select Committee decided to make the information available to Members of the House generally so that we could all access the reports?

[Mr Speaker]

I am slightly taken aback by the right hon. Gentleman’s inquiry. My response is that the need for a public interest defence, as he put it, would not arise because publication would be covered by parliamentary privilege. In the event of disclosure and there being a disagreement about the wisdom of that disclosure between Members, between the Executive and the legislature, or between the Executive and parts of the legislature, there could indeed be argument, and the Chair of the Committee or his colleagues—or both—could be open to criticism, but no need for a public interest defence would arise. I hope that that is helpful to colleagues.