HC Deb 27 October 1971 vol 823 cc1728-9
Mr. Spearing

On a point of order, Mr. Speaker. The point concerns matters which we have been discussing and which we shall shortly be discussing again. One of the recurring themes in many of the speeches has been the belief that members of the general public believe that the decision which we are discussing will be made irrespective of what we do in this place. I am not of that opinion.

Another feature of the discussion we have been having is that, whatever happens to the country as a whole, there are certain occupations and enterprises which would either be at a distinct advantage or at a distinct disadvantage from the decision made. I believe that it is the custom in this House that people who have a concern with an interest declare it, but I do not recall hearing many such declarations being made in the debate in the past. I hope that we can maintain the reputation of right hon. and hon. Members of this House and of the House as a whole by taking precautions against what the general public may think. I ask your guidance on this matter as to how, in the time we have left and possibly after the issue is declared, we can do this.

Mr. Speaker

This kind of point has been raised again and again before. It has always been decided that it is not a matter for the Chair but a matter for right hon. and hon. Members themselves.

Mr. Donald Stewart

On a point of order, Mr. Speaker. On the Motion on the European Communities, may I ask whether you intend to call my Amendment to leave out from "House" to the end of the Question and to add: believing that the people of Scotland recognise the disastrous economic effects of the proposed accession to the Treaty of Rome so far as they are concerned, recognising that this step would be irrevocable in practice and the parallel to a similar tyrannical decision taken by the Scottish Parliament in 1707, whilst being happy to carry through any measure which has the clear and wholehearted consent of the Scottish people, declines to approve Her Majesty's Government's proposal to accede to the Treaty of Rome".

Mr. Speaker

I have not selected the hon. Gentleman's Amendment.

Mr. Donald Stewart

On a further point of order, Mr. Speaker. This is based on a letter which appeared in The Times today. It is by Professor T. B. Smith, a distinguished Queen's Counsel, Professor of Scots law at the University of Edinburgh, and a member of the Scottish Law Commission. I will read only two extracts from his letter. He says: Article XVIII of the Union Agreement of 1707 expressly provides that ' no alteration be made in Laws which concern private right, except for evident utility of the subjects within Scotland'. He ends: Lastly, it should not be forgotten that both in 1921 and in 1953 the Scottish Courts indicated that in certain circumstances they might regard legislation contravening Article XVIII as beyond Parliament's lawful powers. I ask you to rule whether it is, therefore, not ultra vires in this House to discuss transfer of Scottish power to the E.E.C.

Mr. Speaker

I am grateful to the hon. Gentleman for giving me notice of his point of order and also of those quotations from Professor Smith. I have had an opportunity of considering the matter and taking advice on it. I rule that the Motion is in order.