HC Deb 20 October 1988 vol 138 c1040

5.6 pm

Mr. Roy Hattersley (Birmingham, Sparkbrook)

On a point of order, Mr. Speaker. Earlier this afternoon the Home Secretary and the Secretary of State for Northern Ireland distributed in the Press Gallery what purported to be written answers to parliamentary questions. Both concerned the future of the right to silence within the United Kingdom system of justice. One was not a written answer, for no question on the subject had been placed on the Order Paper. Both amounted, with varying degrees of ingenuity, to stratagems to avoid making a statement in the House. I do not wish to debate the merits—nor would you allow me to do so—of what the statements proposed, although it is important to my point of order to mention that until now the right to silence has been an essential aspect of our free society.

My point is simply that the prospect of a change to our legal system as fundamental as that should have been announced to the House in the proper and usual way. I therefore ask you, Mr. Speaker, first, what can be done to prevent the Government behaving in this hole-and-corner way and, secondly, whether we may have an explanation tomorrow from the Government about how something described as a parliamentary answer, which was not a parliamentary answer, was circulated in the Press Gallery, and what are the consequences of that mistake.

The Lord President of the Council and Leader of the House of Commons (Mr. John Wakeham)

I shall certainly look into the matter. As I understand it, two written answers have been made today by my right hon. Friend the Home Secretary and my right hon. Friend the Secretary of State for Northern Ireland that were perfectly in order.

Mr. Frank Dobson (Holborn and St. Pancras)

No.

Mr. Wakeham

May I finish by saying that if I find that that is not the case I shall communicate it to you, Mr. Speaker.

Mr. Speaker

I have looked at one of the written answers. Written answer No. 249 says "pursuant to a reply on 20 July." I am not aware of the second written answer.

Mr. Kevin McNamara (Kingston-upon-Hull, North)

Further to that point of order, Mr. Speaker. I appreciate that the Secretary of State for Northern Ireland had difficulties, but nevertheless he circularised a written answer without a question being put down, and the question was not headed "pursuant to" anything.

Mr. Speaker

If it was any fault of the Table Office, I shall look into the matter.

Mr. Hattersley

Perhaps I might help the Leader of the House through the dark passage of his ignorance. The question to which I referred was allegedly laid by the hon. Member for Nuneaton (Mr. Stevens). While he received an answer to his question, which was circularised, he did not ask a question.