§ Mr. D. N. Campbell-Savours (Workington)On a point of order, Mr. Speaker. I wish to raise with you the question of the use of uncirculated Select Committee reports. As you may know, the Public Accounts Committee recently took evidence from the DHSS following allegations that the British Oxygen Company could be abusing its monopoly position as supplier of oxygen to the National Health Service. The allegations were sparked off by complaints to the College of Health and others, reported in The Guardian, of excessive profiteering on the back of lucrative contracts. Such allegations are still being fuelled by the announcement of Mr. Richard Giordano's increase in salary to £771,000, but that is not relevant to my point of order, Mr. Speaker.
My point of order relates to BOC's use of uncirculated Select Committee documents as a basis for potential litigation. On 26 November the DHSS gave evidence in public to the PAC on the question of oxygen supplies. On 27 November the BOC chief executive for corporate communications, acting on behalf of Mr. Giordano, approached Mr. Rose—Clerk to the PAC—and asked him for a copy of a transcript of oral evidence so that
BOC could submit further evidence if they found it necessary.The Clerk to the Committee agreed, citing precedent, and on the strict understanding that it was supplied to the company in its capacity as a potential witness. Members of the Committee were not aware of the existence of that transcript until the night before last, when I was informed that The Guardian had a confidential transcript of our proceedings. I checked with the newspaper and was informed that that was not the truth, but that BOC had had 570 a copy since the end of November and that it had been quoted from, at length, with large chunks of evidence in a letter dated 30 November from BOC to The Guardian. I have a copy of that letter.
In the form of a letter, and using a transcript that has been provided in confidence, BOC threatened The Guardian with the possibility of legal action and reference to the Press Council unless it agreed to meet BOC to discuss the retraction of articles in The Guardian on BOC's activities. Our confidential document was provided to BOC by the Clerk to the PAC without PAC Members having seen it, approved it or amended it. It was supplied to BOC strictly on the basis that it was to be used in the submission of further evidence. PAC Members received copies of the report only two days ago. The document was used as a basis for potential litigation and reference to the Press Council. British Oxygen attempted to muzzle The Guardian by using a confidential Select Committee document.
§ Mr. SpeakerI think that the hon. Gentleman should bring his comments to a halt, because he is now going into detail that may be prejudicial to any inquiry.
§ Mr. Campbell-SavoursBy sending a transcript of our proceedings to a national newspaper, The Guardian, BOC was making public our papers. I use those words advisedly.
§ Mr. SpeakerOrder. I shall now stop the hon. Gentleman. I have listened carefully to what he has said and I believe that he has raised a matter which is a possible contempt of the House. He must write to me about it and not pursue the matter on the Floor of the House.
§ Mr. Campbell-SavoursI shall do that immediately, Mr. Speaker.