§ 10.13 p.m.
§ The Chancellor of the Duchy of Lancaster (Mr. Iain Macleod)I beg to move,
That the matter of the rule relating to reference in this House to matters considered as sub judice, being a matter relating to the procedure in the public business of the House, be referred to the Select Committee on Procedure.I will speak briefly and will confine myself to factual comment, because, if I read Erskine May aright, the merits of the case can scarcely be discussed in this Motion.First, I should like to clear up a matter raised by 'the right hon. Member for Smethwick (Mr. Gordon Walker). He was concerned that perhaps this reference might affect the admissibility of Parliamentary Questions or other Motions for debate in the House. I should make it clear that I am advised that the Motion will not in any way affect the admissibility of Questions or the discussion of matters relating to the present Tribunal. The admissibility of these matters is and remains governed by the various Rulings already made by you, Mr. Speaker, and by your predecessors. As I understand it, these would 1358 not be affected by the passing of the Motion.
The other matter with which I want to deal was raised by the hon. Member for Nelson and Colne (Mr. S. Silverman), who, I am sorry to see, is not here. I told him that if we did not reach this matter at a reasonable hour I would defer it until tomorrow. I think his view is that it is right in some ways to discuss these matters before we send them to the Committee on Procedure. In my view, it is perhaps best that we should send them fairly formally to the Committee on Procedure, partly because hon. Members can—and the hon. Gentleman in one case which the Select Committee has already considered did—give evidence if they wish before the Committee—and the hon. Gentleman's views would no doubt be welcome again—and partly because, as I have said, it is not easy, as I understand it, to discuss these matters in detail under the Ruling in Erskine May.
The only other point which I make in passing is that this matter is not really related, except indirectly, to the matters which have occupied the attention of the House in recent days and weeks. In fact, it was about a year ago that the hon. and learned Member for Northampton (Mr. Paget) raised a point of order with you, Mr. Speaker, arising out of a difficulty or question that had arisen in another place. You will remember that he asked for a clarification of the sub judice rule, and in particular suggested that it might be brought into line with the requirements of modern debate. There were then some consultations and a certain amount of progress was made, but at 'Obis point the Select Committee on Procedure was set up and it was thought, and I think the House will agree, that this was the most appropriate forum for discussing the sub judice rule.
Then, to complete the story, a few days ago you, Mr. Speaker, ruled on a complaint made on Privilege, and at that time the right hon. Member for Easing-ton (Mr. Shinwell) raised the point that had been mentioned in the Press and there were some doubts as to whether the sub judice rule applied in the case of a Tribunal, but your more recent Ruling is Mat when the House has resolved 1359 to set up a Tribunal under the 1921 Act, and such a Tribunal has been set up, it is not in accordance with the practice of the House to allow Questions to Ministers upon the matter of the inquiry.
I would add, if I may, that if the House agrees to this Motion—I am sure that this is the right course—then the Select Committee would wish to proceed with all due expedition, and I would see that it was furnished with a detailed study of all the Rulings by yourself and your predecessor so that we may be fully informed on any matter that we wish to discuss, and on which it might be right for us to tender advice in due course.
§ Question put and agreed to.