HC Deb 08 November 1978 vol 957 cc958-60
Mr. Litterick

On a point of order, Mr. Speaker. Yesterday, in the course of questions on his statement on the Northern Ireland remand procedure order, the Secretary of State for Northern Ireland made two statements which, in my opinion, are improper, and on which I seek your ruling.

The two statements to which I refer are these. First: We are talking of people who have committed murder and conspired to commit murder and terrorist offences. That statement referred to prisoners on remand, and in my opinion it was an improper statement. Second, the Secretary of State said: I am aware that those defence counsel who regularly defend the Provisional IRA terrorists are seething with anger."—[Official Report, 7th November 1978; Vol. 957, c. 688–9] That statement was an indefensible attack on officers of the court, among whom, by the way, is the present Lord Chancellor, Lord Elwyn-Jones. I believe therefore, Mr. Speaker, that you should rule on the propriety of those two statements.

The Minister of State, Northern Ireland Office (Mr. J. D. Concannon)

Further to that point of order, Mr. Speaker. I should like to help the House on this occasion—this is purely a logistical problem for the Northern Ireland Ministers—since my right hon. Friend the Secretary of State for Northern Ireland passed me, I believe, at 30,000 ft. over the Isle of Man this morning. On arrival in Northern Ireland, he issued a statement, from which, with your permission, Mr. Speaker, I should like to read the relevant paragraph because I believe that it will be helpful: It is, of course, repugnant to lawyers as it is repugnant to me. I fully understand their reservations about such a measure but I have a duty to ensure that the functioning of the courts is not seriously disabled. There can be no question of my casting reflections upon the legal profession in relation to the way in which they carry out their right and duty to defend people charged before the courts. They must do so to the utmost of their ability and as officers of the court they are entitled to take a view on the way in which the law is administered. On the other point, I believe that my right hon. Friend corrected it in the later answers which he gave. I am sure that the matter can be thoroughly cleared up at Northern Ireland Question Time tomorrow.

Mr. Fitt

Further to the point of order, Mr. Speaker. My right hon. Friend the Minister of State will be aware that the statement which he has just given at the Dispatch Box this afternoon will not in any way be acceptable to members of the legal profession in Northern Ireland who feel that the remarks of my right hon. Friend the Secretary of State for Northern Ireland—[HON. MEMBERS: "Point of order."] I am asking for a direction here, Mr. Speaker. I am not asking any hon. Members on the Opposition Benches. I am asking you, Sir.

In view of what was said yesterday, Mr. Speaker, do you not regard it as a gross abuse of the privileges of this House when my right hon. Friend, or any hon. Member for that matter, can make remarks which can be interpreted—and can clearly be interpreted—as a gross abuse of the Lord Chief Justice of Northern Ireland and the legal profession there because of their natural concern for the way that the law has been used in Northern Ireland in relation to remand prisoners?

Mr. Speaker

I am grateful for the courtesy with which hon. Members have raised their points of order, but, as I indicated yesterday, I heard nothing that was a personal charge against anyone in the law courts of Northern Ireland. I believe that we would do well to take the advice which we have been given. There are Questions on Northern Ireland tomorrow, and I shall look forward to that. I think that we had better leave the matter there.

BALLOT FOR NOTICES OF MOTIONS FOR FRIDAY 24th NOVEMBER

Members successful in the Ballot were:

  1. BILL, PRESENTED
    1. c960
    2. HOUSE OF COMMONS (REDISTRIBUTION OF SEATS) 67 words