HC Deb 05 March 1986 vol 93 c327 4.36 pm
Mr. John Ryman (Blyth Valley)

On a point of order, Mr. Speaker. May I briefly draw to your attention a matter of which I have given you prior notice? It concerns a difficulty which may occur in relation to the business of the House on Friday, when you have kindly granted me an Adjournment debate on the monstrous decision of the National Coal Board to close Bates colliery. The difficulty has arisen because of a case which is starting in the High Court tomorrow on that matter.

I am instructed that tomorrow morning a High Court judge will begin the substantive hearing of an application for judicial review by the Northumberland area of the National Union of Mineworkers against the National Coal Board. My respectful submission is that on Friday it may arise that the matter will be sub judice because the hearing will still be continuing, the judgment will not have been given or a notice of appeal may have been entered by the party which lost the case. May I draw your attention to your powers in this matter, as set out on page 343 of the current edition of "Erskine May". The relevant portion says that you have a discretion in sub judice matters of this nature and can allow a debate to take place provided that there is no real and substantial danger of prejudice to the proceedings. My respectful submission is that a Friday afternoon Adjournment debate will in no way influence a High Court judge hearing a complicated case for a judicial review on Thursday and Friday.

There are three reasons why the matter is urgent. First, at this colliery—

Mr. Speaker

Order. Is this not hypothetical? The hon. Gentleman gave me notice of his point of order, and I have looked up the reference in "Erskine May" which he has quoted. We do not yet know what the position will be. It would save the time of the House and of the hon. Gentleman if I were to say that I have this matter very much in mind and I shall give my ruling at the appropriate time.

Mr. Ryman

I am grateful, Mr. Speaker. I shall be able to shorten my remarks on the matter. I have to anticipate the events that will happen on Friday because it may be that the debate will not take place and I will then be in difficulty.

There are three reasons why the matter is urgent. The first is that preparatory salvage work is now taking place at that colliery—the seams are being heightened. Secondly, Mr. MacGregor, the chairman of the National Coal Board, is about to step down from his office. He spoke to the Prime Minister yesterday, so his departure is imminent. He conducted a personal vendetta against that colliery. The third and important reason is that this egg is impossible to unscramble. If the colliery closes, 29 million tonnes of workable high quality coal will be buried under the sea and lost for ever. It is on those three grounds that I submit that the matter is urgent. One has to anticipate the events which will take place the day after tomorrow.

Mr. Speaker

I have nothing to add to what I have already said. I shall bear the matter in mind. The hon. Gentleman has made a strong case.