HC Deb 28 July 1975 vol 896 cc1299-300
Mr. Speaker

As regards the point of order raised by the hon. Member for Birmingham, Handsworth (Mr. Lee) on Thursday last, I give my ruling now. Last Monday I read to the House a letter from the Chief Clerk of the Bow Street Magistrates' Court reporting that the right hon. Member for Wallsall, North (Mr. Stonehouse) had been detained in custody on a number of criminal charges. As explained in pages 100–102 in "Erskine May", the House has long ceased to claim the privilege of freedom from arrest in the case of hon. Members who are charged with criminal offences. Therefore, as long as the right hon. Member for Wallsall, North remains so detained, he will not be in a position to attend this House at his own wish.

Mr. Lee

May I ask you, Mr. Speaker, to enlarge further on that situation. Can the House by its own resolution require the presence of the right hon. Member for Walsall, North (Mr. Stonehouse), or anyone else who is so detained, so that he may address the House if he so wishes?

Mr. Speaker

I am grateful to the hon. Gentleman for raising that point. I want to make it clear that there is no initiative which lies with the Chair in this matter. This is a matter for the House; the Chair has no discretion. The House can by resolution decide what it wants to do. I think that it would even be possible for a Select Committee with the authority of the House, to decide what it wished to do. As I have said, this is not a matter for the initiative of the Chair.