HC Deb 23 March 1950 vol 472 cc2171-3
Sir Hugh O'Neil

(by Private Notice) asked the Leader of the House whether he is aware that the hon. Member for Belfast, West (Reverend J. G. MacManaway) has not yet taken his seat in this House owing to doubts having been expressed regarding his eligibility as a clergyman of the Church of Ireland to sit in Parliament, and can he indicate what steps he proposes to take to enable the House to determine the matter.

Mr. H. Morrison

Yes, Sir. I am aware that the hon. Member has not taken his seat because doubts have been raised regarding his eligibility. His Majesty's Government consider that this is a question which can best be handled by setting up a Select Committee of this House to report upon it, and a Motion will accordingly be put on the Order Paper.

Sir H. O'Neill

Is the right hon. Gentleman in a position to say what will be the terms of reference to the Committee?

Mr. Morrison

No, Sir.

Mr. Bing

Is my right hon. Friend aware that these objections have only been raised by one back bench Member of this House, and, in those circumstances, would it not be more profitable if the right hon. Gentleman the Member for Antrim, North (Sir H. O'Neill) were to communicate either to the Government or to the House the reasons why he thinks the hon. Gentleman may now be disqualified; whether he considers, for example, he is disqualified as a clergyman of the Church of Ireland, or, alternatively, as a clergyman of the Church of England through the operation of the Army Chaplain Act, 1868?

Sir H. O'Neill

Does the right hon. Gentleman not agree that this is a matter which requires expedition, and will he set up the committee as soon as possible?

Mr. Morrison

If I may say so, the Government have been very forthcoming and reasonable about this matter. There is no obligation on the Government to do anything at all. I have given the right hon. Gentleman a favourable answer, and I really think that in the circumstances he ought to be happy for the week-end.

Mr. Churchill

When will the Lord President be able to place on the Order Paper the terms of the Motion appointing the Select Committee?

Mr. Morrison

I do not know, Sir, I will consider that. We have to consider the terms of the Motion.

Mr. Churchill

It was the terms of the Motion that I was asking about. Has the Lord President not been considering this in the number of days on which it has been discussed? Is he taken by surprise when, having been asked a Question and answered that he will set up a Select Committee, he is asked the terms of reference of the Select Committee? One would have thought that those two processes would have been gone through in his mind at the same time. [Laughter.] Do not be so insolent over there. You are only half the House remember.

Mr. Morrison

I am not surprised by the question the right hon. Member for Antrim, North asked. What I am surprised about is the mood and temper of the Leader of the Opposition. If I may say so, if the Conservative Central Office and the Conservative Party did its electoral business properly, it would not have left the hon. Member for Belfast, West in such miserable doubt as to what his legal status is.

Mr. Churchill

Is the Lord President not aware that the Conservative Party do not have the minute control over the selection of candidates which is practised on the benches opposite?

Professor Savory

Is the Lord President not aware that the hon. Member for Belfast, West (Reverend J. G. MacManaway) took the highest legal opinion before standing as a candidate?

Mr. Morrison

If the hon. Gentleman had the highest legal advice, why did he not take his seat instead of it being left to the right hon. Member for Antrim, North, to come to the House to ask for a Select Committee to be appointed so that the doubt could be resolved? I never saw such a muddle in all my life.

Mr. Churchill

Might it not be that the hon. Gentleman who is not with us, refrained from taking his seat out of deference to the laws and customs of the House of Commons?

Sir H. Williams

Is the Lord President not aware that, had this hon. Gentleman taken the Oath and his seat and not been qualified to do so it would have cost him £500 every time he appeared?

Mr. Morrison

No doubt that was a consideration taken into account by the high legal authority who gave him advice. Why there should be all this difficulty and unpleasantness when the Government have been so generous and forthcoming in the matter, I fail to see.

Several Hon. Members

rose—

Mr. Speaker

We have had a number of questions on this. I think we might now pass to the next business.