QUESTIONS TO MINISTERS (Hansard, 14 July 1947)

§ Mr. Austin
Without reflecting on the Table, but with a view to eliciting your guidance and a Ruling, I wish to put a point of Order, Mr. Speaker. Following on the reports of a birching case in my Division last Friday, I put a Question down to the Home Secretary—a factual Question—which was rejected on the ground that it implied criticism of magistrates' voting, and that the decision arrived at was not in the competence of the Home Secretary's Department. If that is so, how are hon. Members to ventilate an injustice of this nature?

§ Mr. Speaker
The hon. Member must not say "an injustice of this nature." One may not criticise the courts.

§ Mr. Austin
How is an hon. Member, not permitted to raise a case, to ventilate this matter?

§ Mr. Speaker
I do not see any way in which an hon. Member can raise it because it would be criticising the courts of law. We may not criticise the conduct of a judge or magistrate. One may afterwards ask for a sentence to be made more lenient, but in this case that would be no good because the sentence has been carried out. In these cases a Question cannot be put down to the Home Secretary as he is not responsible for any decision that judges and magistrates may take. If the House came to the conclusion that magistrates or judges were not carrying out their duties properly, a Motion must be put down on the Paper.

§ Mr. Austin
I respectfully accept your Ruling, Mr. Speaker, but how is an hon. Member to raise such a matter?

§ Mr. Speaker
I do not think it is within the competence of hon. Members to raise a matter of this kind, because one can only raise matters for which a Minister is responsible. Things for which a Minister is not responsible cannot be raised on the Floor of the House, and I am afraid there is no remedy for the hon. Member on the Floor of the House, except, of course, a Motion.