HC Deb 19 October 1950 vol 478 cc2230-1
Mr. Mellish

On a point of order. May I have your guidance, Mr. Speaker, on one point? I understand that in the House at the moment is the hon. Gentleman the Member for Belfast, West (Reverend J. G. MacManaway), and I should be glad if you would give your Ruling about his presence in view of the fact that on previous occasions when there was any doubt about the credentials of an hon. Member, the person concerned was absent from the precincts? I should like to have your Ruling whether this hon. Member should be in the House.

Mr. Speaker

I am perfectly clear on the point. The hon. Member for Belfast, West (Reverend J. G. MacManaway) is entitled to be here. The House has found nothing against him. He is entitled to make his statement and then he must withdraw.

Later

Sir Ian Fraser

On a point of order. At an earlier stage, you, Mr. Speaker, answered to a point of order raised by a hon. Member opposite about the rights of the hon. Member for Belfast, West (Reverend J. G. MacManaway). May I with respect, ask you to consider the following point? You ruled that he should or might be here and make a statement, and that then he must withdraw. May I ask you to reconsider that point in fairness to him, and having regard to the precedents which govern these matters? Where an hon. Member has been the subject to a prima facie view that his conduct is in any way discreditable or subject to criticism, and where, as a result, that matter has gone to the Committee of Privileges or a Select Committee, and then some judgment, be it only prima facie, has been made, that no doubt is why, after making his personal statement, the hon. Member concerned leaves the House.

In this case, until the House itself determines whether the hon. Member has or has not offended in any way, he is considered a completely and absolutely innocent party, and the only matter before us is a judgment of certain legal persons who command great respect but who have no relationship to us such as has a Select Committee or the Committee of Privileges. In those circumstances, therefore, I ask you, Sir, whether the hon. Gentleman should not sit here for the whole Debate, until the House determines that something in his conduct requires adjustment?

Mr. Speaker

I think that is an error. After all, even if a Member has been before a Select Committee, he is not guilty until the House has found him guilty, but it is always the custom that the Member, probably in his own interest, because things might be said which might cause him difficulty, should withdraw. I think that has always been the custom when any allegations have been made against Members. There is no question of dishonour or anything of that kind in this case. It is probably in the Member's own interest, that having made his speech and given the House his views, he should then withdraw. I do not propose to alter my Ruling on that. I may say that I have thought of this matter in advance, and I think my answer is the correct one.