HC Deb 18 April 1961 vol 638 cc939-40

Motion made, and Question proposed. That Mr. Speaker do issue his Warrant to the Clerk of the Crown to make out a new Writ for the electing of a Member to serve in this present Parliament for the Borough Constituency of Bristol, South-East, in the room of Anthony Neil Wedgwood Benn, esquire (commonly called the honourable Anthony Neil Wedgwood Benn), who by Resolution of this House on 13th April. 1961, ceased to be a Member.—[Mr. Bowden.]

The Attorney-General (Sir Reginald Manningham-Buller)

We do not wish to oppose the Motion, for it is obviously right that a Writ for a by-election in Bristol, South-East should issue, but we cannot accept that Mr. Wedgwood Benn ceased to be a Member of this House by Resolution on 13th April. That is not right. The House then recognised that he had ceased to be a Member on the death of his father on 17th November, 1960.

I do not think that we should engage in any controversy or debate upon that. It may be that the wording of the Motion was intended to cover that, but I thought it was well to make it quite clear. I gather that you, Mr. Speaker, have to rule whether a Motion is in order and not on the accuracy of a statement it contains. In saying what I have, I trust that I shall not be thought to be challenging any Ruling of yours. I repeat that we agree that a new Writ should issue.

Mr. Hugh Gaitskell (Leeds, South)

Since the Attorney-General has said that he does not propose to oppose the Motion, I will be very brief indeed. I will simply say that we take the view, and the words of the Motion are drawn accordingly, that the decision of the House on 13th April was the important decision here and until the House of Commons had decided on this matter we could not possibly have moved to issue the Writ.

Mr. Emrys Hughes (South Ayrshire)

On a point of order. I should like to have your guidance on this point, Mr. Speaker. In the event of the Motion being defeated, what would be the position of Mr. Wedgwood Benn?

Mr. Speaker

I will not rule on a hypothetical situation. The Motion has not been defeated yet.

Mr. Hector Hughes (Aberdeen, North)

On a point of order. The Motion and the reaction of the Attorney-General to it has eaten into Question Time. Can you, Mr. Speaker, see your way to extend Question Time by ten minutes at the other end?

Mr. Speaker

The hon. and learned Gentleman is not strictly accurate. Under the rules, Question Time does not begin until a quarter to.

Question put and agreed to.

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