§ Mr. SpearingOn a point of order, Mr. Speaker. I make no apology for raising this point of order particularly in view of your earlier remarks on EEC questions. Items 4, 5, 6 and 7 on today's Order Paper relate to Statutory Instruments which have been taken under Standing Order 73A(5). These are Statutory Instruments which have been debated in Committee under that Standing Order. The Order Paper would not give a clue to that, but for the mention of the Standing Order. The Committee may consider the Statutory Instruments but it can decide nothing. When the instruments are put to the House under the Standing Order there can be no debate but a decision must be taken forthwith. There is a division between debate and decision. We cannot object because it is a decision of the House, although there was disagreement when the Standing Order was introduced.
1737 A further implication is that the Statutory Instruments are exempted business and therefore cannot be delayed by an hon. Member who objects to their being taken after 10 o'clock. As tonight they will come after the Consolidated Fund Bill debate, the time for a Division is unknown and clearly inconvenient.
I would not raise this point but for the fact that these Statutory Instruments were debated yesterday morning in Committee. However, I inquired in the Vote Office and in the Clerk's Office and I understand that theOfficial Report which would give us some clue as to their merits is not available. I make no complaint about that. It is not unreasonable that the Committee report of proceedings should not be available at midday the next day. But the House should have some knowledge of the objective of the Statutory Instruments and because the report of the proceedings is not available hon. Members will have no knowledge of the merits or the case put by the Minister in Committee.
Therefore, will the Lord President reconsider moving them today? I am grateful that he has stayed to hear this point of order. I have already written to him on this matter because it happened last Thursday and I know that he has not had time to consider it. I hope that when the situation arises the Government will not only lay the order after theOfficial Report has been received but after hon. Members have had one or two days to peruse it, so that they can come to a decision having information on the merits of the matter.
§ Mr. SpeakerIt was an excess of good will on my part which allowed the hon. Gentleman fully to develop his argument. He is very well versed in the rules of the House and I think that he will appreciate that that was not a point of order for me. It is a dispute which he has with the Front Bench.
Under Standing Order 73A(5), I have to put the Question. WhetherHansard is available, and whether the Question is moved are matters for the Government. When we reach the end of the Consolidated Fund debate, who knows, they may have changed their mind. It is not a matter for me.
§ Mr. SpearingFurther to that point of order, Mr. Speaker. I had hoped that the Lord President might comment on this matter. Surely it is a matter of order concerning documents before the House. There is an understanding that a Question is not put or a debate does not take place unless the proper papers are before the House. I submit, Mr. Speaker, that while it is not in your power to determine whether matters are put, you have to abide by the Standing Order. It is not appropriate for the House to proceed if the proper documents are not before us.
§ The Lord President of the Council and Leader of the House of Commons (Mr. Michael Foot)I do not think that it would be proper for me to try to reply to a point of order. It has been put to you, Mr. Speaker, and you have ruled on it. If I were to seek to reply, as on a business question, I would be out of order. However, I shall take into account the representations that my hon. Friend has made today and in his letter. Perhaps he will put a question to me tomorrow at business questions at which this matter can be raised. It cannot be raised now.
§ Mr. HooleyFurther to that point of order, Mr. Speaker—
§ Mr. SpeakerOrder. I am quite willing to hear the hon. Gentleman but he will have heard me rule that it was not strictly a point of order although I allowed the hon. Member for Newham, South (Mr. Spearing) to get his view on record.
§ Mr. HooleyFurther to that point of order, Mr. Speaker. Is it your interpretation of the Standing Order that under this procedure the House should have the comments of the Committee available before proceeding to vote, or are you prepared to rule that the House does not need proceedings of the Committee before coming to a decision on a substantive matter?
§ Mr. SpeakerThe hon. Gentleman was on a genuine point of order. I congratulate him.
The Standing Order is quite clear. I have to put the Question forthwith. That is the matter that concerns the hon. Gentleman. The other points which he raised are not for me.