PRAYER BOOK (FURTHER PROVISIONS) MEASURE

HC Deb 18 July 1968 vol 768 cc1676-8

Mr. English

I have a point of order I wish to raise with you, Mr. Speaker, the purport of which, through the Clerk's Department, I have given you notice, namely, the possibility of a breach of the law affecting the procedures of both Houses of Parliament and of the Assembly of the Church of England.

Since it also relates to a Motion in the name of my hon. and learned Friend the Member for Brigg (Mr. E. L. Mallalieu), Early Day Motion No. 398, I have also given him notice that I intended to raise this matter.

That Motion is in the usual form, asking the approval of this House to the Prayer Book (Further Provisions) Measure, 1968. At the same time, or at a similar time to the time that it was tabled last night, as is evidenced by the Votes and Proceedings of this House, Item 9, the Measure and a report thereon of the Ecclesiastical Committee of both Houses, was laid before this House.

I submit that the laying of that report is a breach of the law, in that the Church of England Assembly (Powers) Act, 1919, in Section 3(4), states: The Ecclesiastical Committee shall communicate its report in draft to the Legislative Committee",— that is, the Legislative Committee of the Church Assembly— but shall not present it to Parliament until the Legislative Committee signify its desire that it should be so presented". The object of this is that the Legislative Committee may wish to withdraw the Measure.

The Ecclesiastical Committee met at 4.30 last night. After some considerable discussion on its report I shortly thereafter went to the Table Office and ascertained that the Motion had then been laid in this House.

The point is of some importance. The reason for the fairly lengthly discussion at the Ecclesiastical Committee is that many persons believe that this Measure discriminates in favour of members of the Roman Catholic and certain other Churches by placing them in the same position as members of the Anglican Church in certain matters and discriminates against members of the Nonconformist churches. I therefore submit that this Motion on the Order Paper is void as being contrary to Statute, that it ought not to appear on the Order Paper, and that it ought not to be debated by this House.

Mr. Speaker

I am grateful to the hon. Member for Nottingham West, (Mr. English) for putting his point so succintly.

The hon. Member has raised a question affecting the proceedings relating to the Prayer Book (Further Provisions) Measure, 1968. There is a Motion relating to that Measure on the Order Paper which may come before the House at a later date. It would not be proper for the Chair to give any ruling on the matter in advance of that event. When it is before the House, I will give a ruling.