HC Deb 07 April 1964 vol 692 cc797-8
Q4. Mr. Rankin

asked the Prime Minister what steps he is taking to fill the vacancy created by the resignation of the Solicitor-General for Scotland.

The Prime Minister

I would refer the hon. Member to the reply I gave to the hon. Member for the Western Isles (Mr. Malcolm MacMillan) on 24th March.

Mr. Rankin

I read both the replies but neither of them told me anything. Is it not the case that the Solicitor-General for Scotland held his high office for 3½ years without becoming a Member of the House? Did not the Prime Minister ask him why it was that 3½ months after he had become a Member, he ran away from his job? Was it because he did not like the company in which he found himself? Or was it due to the fact that the Government were simply cashing in on his high office to prevent them from losing the marginal seat at Dumfries in the recent by-election?

The Prime Minister

The House has often been without the Solicitor-General for Scotland, I am sorry to say. When the Labour Party were in power in 1924—I have been glancing through the records—

Mr. Rankin

rose—

Hon. Members

Sit down.

Mr. Speaker

Order. The hon. Member for Govan (Mr. Rankin) said that he was rising to a print of order. I wish to hear it. I could not hear it then.

Mr. Rankin

Is it in order to reply to a Question which I have never put? I did not put the Question to any Prime Minister who was in office in 1924 but to the Prime Minister in office now.

Mr. Speaker

There was nothing out of order in the Answer.

The Prime Minister

I was about to tell the hon. Member that this situation has often occurred in the House before. Taking a cursory look at the Labour Party, I do not see a member of the Scottish Bar there, either.

Mr. Rankin

Further to my point of order—

Mr. Speaker

That, I am afraid, is a procedural impossibility, because the hon. Member's first point of order was not one.

Mr. Rankin

How can you judge, Mr. Speaker, that this is not a point of order?

Hon. Members

Sit down.

Mr. Speaker

Order. The hon. Member rises to a point of order. It is necessary that I shall be able to hear it.

Mr. Ranklin

Surely you can help me on this point, Mr. Speaker. Is it in order for the Prime Minister to reply to a Question which was not put to him and to evade the Question which was put to him?

Mr. Speaker

It is in order for Ministers to make any or no reply. I cannot control them—that is why.