HC Deb 16 July 1897 vol 51 cc311-2
MR. LABOUCHERE

I wish, Sir, to ask you a Question.

*MR. SPEAKER

Order, order! The time for asking Questions has passed.

MR. LABOUCHERE

It is a question of privilege, Sir. It is to ask you this: The British South Africa Committee has reported to your House that Mr. Hawksley, one of the witnesses called before it, refused to answer a question put to him and refused to produce certain documents that he was ordered by the Committee to produce, although he was told he had no privilege as a solicitor to decline to do so. The question I wish to ask you is, as this is the first time that it has come to the knowledge of the House that this occurred during the sittings of the Committee, whether it is open to any Member to move that Mr. Hawksley be ordered to appear at the Bar of the House, in order that the House may deal with the question of what shall be done? [Cheers.]

*MR. SPEAKER

I have had very short opportunity of looking at the Report, and I have had no notice of the Question asked; but I did look at the. Report in view of the possibility of some such question being asked, and it appears to me that this is not a case in which the question of privilege can now be raised in the House. I cannot find that there is any precedent for the question being raised, except when a Committee have specially reported the circumstances to the House with a view to action being taken by the House. Here there are facts which, taken by themselves, might have been reported as a breach of privilege if the Committee had so done at the time they took place. ["Hear, hear!"] But the Committee have not taken that view at the time. The incident took place a long time back, and matters of privilege must be immediately taken notice of. The Committee have now presented their Report of this matter, not as constituting a breach of privilege, but as a matter which incidentally took place during the sittings, and as a matter which they did not think fit to treat as a breach of privilege. Under these circumstances I think there is no precedent for the House treating this as a breach of privilege by selecting a passage from the Report of the Committee which was not intended to raise any such question. [Cheers.]

MR. LABOUCHERE

Then I will ask the First Lord of the Treasury whether he has seen a notice put down by an eminent legal Member who sits behind him, the Member for Dulwich—

*MR. SPEAKER

Order, order! The time for asking questions has passed. [Laughter.] A question of privilege is different. The Clerk will now proceed to read the Orders of the Day.

MR. LEONARD COURTNEY (Cornwall, Bodmin)

Before that is done, with respect to this question of privilege, may I put two questions to you, Sir—first, whether there is any case affording a precedent of a Committee neglecting to report to the House—[prolonged Opposition cheers]——the refusal of a witness to obey its order; and, next, whether the House loses its privilege through the neglect of a Committee? [Loud Opposition, cheers.]

*MR. SPEAKER

With regard to the first Question, I am not able to say whether there is any precedent of that kind. With regard to the second Question, I think I have already given what my opinion is upon it. [Ministerial cheers.] The Clerk will now proceed to read the Orders of the Day.