HC Deb 24 January 1963 vol 670 cc298-300
Mr. Speaker

Yesterday, the hon. Member for Stockport, North (Sir N. Hulbert) raised with me a complaint of breach of Privilege relating to a television programme of 19th January. I have considered that complaint and the transcript which the hon. Member kindly provided in the light of precedents and what has been our recent practice in these matters.

I find statements critical of certain hon. Members. I do not find in the whole of it anything which prima facie,to my mind, constitutes an affront to this House, and it is with the Privilege of the House as a whole that my duty is concerned.

Accordingly, I rule that the hon. Member's complaint does not raise prima faciea breach of Privilege. As the House knows, and as those outside ought to know, the effect of my Ruling is in no way to prevent the House being invited by Motion to take a completely contrary view. It merely means that I cannot allow the hon. Member's complaint precedence over the Orders of the Day, which the Clerk will now proceed to read.

Mr. S. Silverman

rose

Mr. Speaker

Does the hon. Member rise to a point of order? I did not see him when I called the Orders of the Day.

Mr. Mellish

On a point of order, Mr. Speaker—

Mr. Speaker

One at a time, please; the hon. Member for Nelson and Colne (Mr. S. Silverman) first.

Mr. Silverman

Would it be in order, Mr. Speaker, for me to say—I am sure that most Members of the House would wish it to be said—that we are grateful to you for the Ruling you have given and to ask, also, whether it is not a relevant consideration in this matter that most hon. Members would infinitely rather be asked why they do not speak than why they do?

Mr. Speaker

It is undesirable that we should discuss these matters after my Ruling.

Mr. Mellish

I hope, Mr. Speaker, that you will allow me to make this point to you in full, in that the hon. Member for Stockport, North (Sir N. Hulbert), who raised the matter yesterday, was unable to speak for himself. At least, I hope now to get this on the record—

Mr. Speaker

Order. We must not regard complaints of Privilege as opportunities for hon. Members to make their defences against accusations or to speak for themselves. The question is whether there is a breach of the Privilege of the House. When, in the course of my duty, I have ruled that a prima faciecase is not raised, that means that I cannot allow further discussion of the matter at this time.

Mr. Bellenger

On a point of order. Whilst not wishing in any way to query your decision, Mr. Speaker, may I ask Whether, in reaching it, you took into account the fact that the hon. Member for Stockport, North (Sir N. Hulbert), like certain other hon. Members, is a Temporary Chairman of Committees, appointed by you, and that any reflection on such hon. Members is a reflection on the Chair?

Mr. Speaker

No, it is not, with great respect to the right hon. Gentleman. I do not consider that the fact that the hon. Member is a Chairman of Committees—no doubt extremely assiduous in his duties, which are nothing to do with me—has any bearing on my Ruling in this context.

Sir N. Hulbert

Further to that point of order, Mr. Speaker. May I thank you for the careful consideration which you have given this matter and for your final comment.