§ Mr. Neil Hamilton (Tatton)On a point of order, Mr. Speaker.
I wish to draw the attention of the House to a breach of the sub judice rule. During this morning's debate on the BBC the hon. Member for Knowsley, North (Mr. Kilroy-Silk) referred to certain matters which are the subject of legal proceedings in a case in which I am a plaintiff.
Although I was not in the House at that early hour, I have obtained a transcript of the proceedings from the Library. My hon. Friend the Member for Warwickshire, North (Mr. Maude) pointed out to the hon. Member for Knowsley, North that his remarks breached the sub judice rule, but the hon. Gentleman proceeded with them. The hon. Gentleman was then warned by the right hon. Member for Doncaster, Central (Mr. Walker), who was in the Chair, that although the Chair did not know the exact state of the proceedings on that case, it might be as well if the hon. Gentleman were to avoid referring to it. Despite those two warnings, the hon. Gentleman continued to make remarks which, I believe, were prejudicial to the action which is now proceeding.
The hon. Member for Knowsley, North said that at present there were no cases before the courts involving the matters to which he referred and that none were set down for trial. In fact, two actions of mine were set down for a hearing on 19 November and the BBC's solicitors were informed of them in a letter from my solicitors on that day.
Other hon. Members are also involved in separate actions which emanate from the same subject matter. I have spoken to the hon. Member for Knowsley, North and invited him to withdraw his remarks and to apologise to the House for his breach of the sub judice rule. He has refused to do so and I seek your protection, Mr. Speaker. If the hon. Gentleman continues to refuse to withdraw his remarks and to apologise for them, will you require him to do so?
§ Mr. Gerald Howarth (Cannock and Burntwood)Further to that point of order, Mr. Speaker.
I associate myself with the remarks of my hon. Friend the Member for Tatton (Mr. Hamilton). I, too, am a plaintiff in proceedings against the BBC. The hon. Member for Knowsley, North (Mr. Kilroy-Silk) should have known that the actions were set down. He made no 572 attempt to contact me, but to judge from his remarks he was clearly aware that I was a party to the proceedings. I, too, seek your protection in this matter, because there is only one way in which a Member of this House or any other citizen may seek to clear his name against television mis-reporting, and that is through the courts. You will know that that is a very lengthy procedure.
§ Mr. Robert Kilroy-Silk (Knowsley, North)Further to that point of order, Mr. Speaker. May I make it clear that in my comments early this morning I did not mention either of the two hon. Gentlemen who have raised the matter with you or any of the other hon. Members who are engaged in those cases. I sought advice at 3 o'clock this morning and was told that no cases had been set down for hearing on this issue. Clearly, that advice was wrong, and I accept that. I acknowledge what the hon. Gentleman said, and I am happy to put the record straight.
§ Mr. SpeakerI thank the hon. Gentleman, and I do not think that anything else can arise. It is clearly very important to remind hon. Members that whenever we discuss anything in the House we bear in mind the subjudice rule.
§ Later—
§ Mr. Neil Hamiltonrose—
§ Mr. SpeakerI hope that it is a different point of order, because we have disposed of this matter and I do not think that I can take it any further. I shall be very cautious about hearing the hon. Member.
§ Mr. HamiltonI merely wish to point out, Mr. Speaker, that the hon. Member for Knowsley, North has not withdrawn the remarks which are on the record, and has refused to apologise. Once again, I seek your protection.
§ Mr. SpeakerI thought that I heard the hon. Member for Knowsley, North (Mr. Kilroy-Silk) say —[Interruption.] Did the hon. Member not say that he had received incorrect advice and that he withdrew those statements?
§ Mr. Kilroy-Silkindicated assent.
§ Mr. SpeakerOrder. Let us be rational. The statements are on the record, so they cannot be withdrawn, but the hon. Member has put the record straight.