REPRESENTATION OF THE PEOPLE BILL (Hansard, 16 March 1948)

§ Mr. Speaker
Before the House enters upon the Committee stage of the Representation of the People Bill, hon. Members will have noticed that there is on the Order Paper a Motion for an Instruction to the Committee to which I have given very careful consideration indeed: That it be an Instruction to the Committee on the Representation of the People Bill that they have power to make provision whereby the issuing of writs for the return of Members from constituencies in Northern Ireland may be suspended during such times as in the opinion of Parliament free elections are impossible in Northern Ireland. I am bound either to call the Motion or to rule it out of Order; I have no option in the matter. I must confess, having given 1893 careful consideration to it, that I find that the Instruction, to my mind, is outside the scope of the Bill. It envisages the disfranchisement of a whole community, and that is not the object of this Bill. Therefore, I must rule that the Motion is out of Order. I regard the Motion for the Instruction as a major operation, and not one which can be dealt with by an Amendment to another Bill, and it follows from that that a separate Statute should be enacted to deal with matters of such magnitude.

§ Mr. Sydney Silverman (Nelson and Colne)
On a point of Order. I understood you to rule, Mr. Speaker, that the Motion for the Instruction is out of Order because it deals with a matter outside the scope of the Bill. Is it not the case that that is precisely why an Instruction is necessary? if the matter dealt with by the Instruction had been within the Title of the Bill, or, not being within the Title was still within the scope of the Bill, then no Instruction would have been necessary, and, therefore, the Motion for an Instruction would have been out of Order as unnecessary. If it is outside the scope of the Bill, could not the House or the Committee, nevertheless, deal with it under the Bill, providing that the House so instructs the Committee? Is not that what an Instruction is for?

§ Mr. Speaker
I was careful to put in my last sentence that I thought the matter was of such magnitude that it could only be introduced by a separate Statute and not by an Instruction.