EARLY-DAY MOTION 223 (Hansard, 6 February 1979)

§ Mr. Ridley
On a point of order, Mr. Speaker, may I draw your attention to early-day motion 223 on today's Order Paper which seeks to have the hon. Sir Desmond Ackner removed from his place as justice of the High Court? I have had occasion to draw attention to this matter before, but it seems that some hon. Members, whenever a judgment is given in a court of law which they personally find unhappy, are inclined to put down a substantive motion criticising the judge. That seems to be entirely wrong.
I am certain that the reason why the motion appears on the Order Paper—

§ Mr. Speaker
Order. We cannot go into the reasons for the motion being on the Order Paper. It is not for the Speaker of this House to take away a right that has belonged to hon. Members for centuries. It is the constitutional way by which we avoid having clashes with the law. We follow our own process.

§ Mr. Ridley
Further to the point of order, Mr. Speaker. We carefully refrain from criticising the decision of the judiciary. If every time a decision by a judge in the matter of granting an injunction of a picket line or something of that sort is recorded this House is immediately able to record, in the form of a motion, a criticism of that member of the judiciary, the very purpose whereby we do not criticise the judiciary is ill served. This is a serious matter which should not be dismissed simply by saying that it is the standard procedure for criticising a judge. It may well be. But hon. Members are not here criticising the judge; they are criticising the law which he has interpreted.

§ Mr. Speaker
That is not a point of order. If the hon. Member wishes to pursue it, I recommend that he puts a motion on the Order Paper and tries to get it 223 debated in the House. This is not a matter for me to rule on.

§ Mr. Cryer
rose—

§ Mr. Speaker
I was hoping that we could move on to the Ten-Minute Bill.

§ Mr. Cryer
I shall be very brief. Can you confirm, Mr. Speaker, that the points of order raised by Conservative Members have been attempts to curb and deny freedoms that have existed for Members of Parliament, and they call themselves—

§ Mr. Speaker
Order. The hon. Member is attributing motives. Both sides of the House have tried to do that this afternoon. As far as I am concerned, the motives of everyone in this House are above question.