HC Deb 01 May 1980 vol 983 cc1642-3
Mr. English

I must apologise, Mr. Speaker, for not giving you notice of this point of order. I think you will understand why when I mention what it is.

I beg to ask leave to move the Adjournment of the House, under Standing Order No. 9, for the purpose of discussing a specific and important matter that should have urgent consideration, namely, the statement made by the Secretary of State for Industry ". The particular point that must be brought to the attention of the public is that, in answer to a question from my right. hon. Friend, the Member for Deptford (Mr. Silkin) about his authority, he replied, in effect, that he had no legal authority; he said that he had the authority of himself and of his fellow Ministers. That is not legal authority. Legal authority to pay money must be by statute, by warrant of two Treasury Ministers and by the approval of the Comptroller and Auditor General.

No legal authority was quoted in answer to my right hon. Friend's question. The Secretary of State used the words " authority " to mean " executive will" which is not the same thing. Many cases in English constitutional law prove that.

I think, therefore, that there is a matter of far greater importance than the particular issue, and that, in all conscience, is sufficient. But if the proposal to spend public money is unlawful the law must be changed. There is no proposal to introduce a Bill to do so. If it is lawful, the Secretary of State clearly does not know what law empowers him to do it.

The particular point, Mr. Speaker, not to mention the other issues involved, which have already been gone into, must be discussed as soon as possible by the House. I therefore seek your authority for that to happen. However, since I have not given you notice of my application I do not suggest that you will wish to answer it at once.

Mr. Speaker

The hon. Member asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter that he believes should have urgent consideration, namely, the statement made by the Secretary of State for Industry this afternoon ". I listened with care to the exchanges and to the references to conversations between the usual channels on this question. Without giving my reasons to the House I must rule that the hon. Gentleman's submission does not come within the provisions of the Standing Order and that I therefore cannot submit his application to the House. I have noted the reference to conversations that have been held.