HC Deb 19 January 1971 vol 809 cc737-40
Miss Devlin

I beg to ask leave to move the Adjournment of the House, under Standing Order No. 9, for the purpose of discussing a specific and important matter that should have urgent consideration, namely, the imprisonment yesterday in one of Her Majesty's prisons of an hon. Member of this House for activities not considered criminal in Great Britain. I am aware, Mr. Speaker, that there is an urgent debate due to come before the House and that many Members are anxious to take part. Therefore, I shall attempt to be as brief as possible.

There are two main points of urgent public importance at stake. One is that this is the second hon. Member of this House to be imprisoned in the North of Ireland and, given the situation there at the moment, where it is necessary for two members of the Cabinet to go to the North of Ireland to try to find a solution to the present situation, the imprisonment for six months of yet one more representative of the people of Northern Ireland is bound to lead only to further disorder, particularly in an area where as yet there has been no disorder.

The second point I wish to put forward, without bearing on the rights or wrongs of the matter, is that the hon. Member for Fermanagh and South Tyrone (Mr. McManus), who is the Member in question, has been imprisoned at Crumlin for six months for an offence which is not a criminal offence in this country, namely, taking part in a demonstration and in the organisation of that public demonstration. Secondly, that person has been sentenced to six months' imprisonment, whereas when that particular law in Northern Ireland has been broken on hundreds of other occasions the average penalty imposed has been no more than a £20 fine.

There are therefore two points at stake: first, peace in Northern Ireland; and, secondly, how much longer the Imperial Parliament of this country will stand by and watch legal corruption in the British Isles.

Mr. Speaker

The hon. Member asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter that she thinks should have urgent consideration, namely, the imprisonment yesterday in one of Her Majesty's prisons of an hon. Member of this House for activities not considered criminal in Great Britain. As the House knows, under Standing Order No. 9 Mr. Speaker is directed to take into account the several factors set out in the Order, but to give no reasons for his decision.

I have given careful consideration to the representations made by the hon. Member and what she has said today, but I have to rule that the hon. Lady's submission does not fall within the provision of the Standing Order and, therefore, I cannot submit the application to the House.

Mr. Orme

Further to that point of order. Could I ask you, Mr. Speaker, in all seriousness, if you would be prepared to give this matter further consideration? The position of an hon. Member who is in prison and his rights as a Member of Parliament are basically involved, and Members in all parts of the House must be concerned. On that broader aspect—the hon. Member's rights to carry on as a duly sworn Member of this House—would you be prepared to give this matter further consideration and give a further Ruling tomorrow?

Mr. Speaker

I am grateful to the hon. Gentleman for the way in which he has put his point of order. I ruled in regard to what has happened today. The House will be aware of a recent report by the Committee of Privileges about these matters. I should like right hon. and hon. Members to consider that and then to take what action they think appropriate in the future. So far as today is concerned, I have made my decision.

Mr. Fitt

Further to the point of order. In view of the fact that you, Mr. Speaker, may be ignorant of all the circumstances attached to this case, particularly the fact that many people in Northern Ireland have broken the same law and have been given a minimum penalty, namely, a fine, would you not consider that, if evidence is produced to you during the course of this evening or early tomorrow morning, it would enable you to come to a more equitable decision?

Mr. Speaker

That is a hypothetical proposition which I should be very wrong to rule upon. I have made my decision. It is not debatable and no point of order arises upon it.

Mr. Rankin

On a point of order. In view of the fact that you are going to give continued thought to the problem, could we return now to the Scottish business that was interrupted?

Mr. Speaker

The answer to that is simply, no.

Later—

Mr. Heffer

I apologise, Mr. Speaker, for holding up the House. It is a matter of grave importance that an hon. Member of this House can be put in prison for six months without the House having an opportunity to discuss the situation, particularly as it is now developing in Northern Ireland. May I now appeal to the Leader of the House to consider giving this House the opportunity of an early debate on the whole question of Northern Ireland, with particular reference to the hon. Member who has now been put in prison?

Mr. Speaker

That is not a point of order. It is a relevant supplementary question during the Business Statement on a Thursday. I can accept no more points of order arising out of my decision today.

Mr. Wellbeloved

On a point of order. May I seek your advice, Mr. Speaker? Tomorrow I understand the House will be debating the European Economic Community on the Motion, That this House do now adjourn. Since hon. Members are deeply concerned about other matters than the Common Market. I take it that it would be in order for any hon. Member, either tomorrow or on Thursday, if he catches your eye, to introduce those other matters. Although we would not challenge your Ruling, and it would be improper to do so, in regard to Standing Order No. 9, would it be in order for hon. Members to raise such other matters as they think proper on the Motion, That this House do now adjourn?

Mr. Speaker

I will not rule on any particular speech until I have heard it, but what the hon. Member says is accurate: that it is the convention of the House that anything can be raised on the Adjournment. This is a matter in which the House must impose its own discipline. There are many right hon. and hon. Members who wish to debate the Common Market. I will not make a hypothetical Ruling. We must wait and see what happens.