HC Deb 10 May 1995 vol 259 c760 4.15 pm
Mr. Max Madden (Bradford, West)

On a point of order, Madam Speaker, of which I gave you notice. I wonder whether I could ask you to reflect on the powers of Parliament in respect of the issuing by the Executive of public interest immunity certificates, the so-called gagging orders. As you know, Ministers issue such orders from time to time, and it is for judges to decide whether they are upheld in the courts.

Could you reflect and subsequently clarify in a ruling whether departmental Select Committees now have powers to ask any Minister who issues such a certificate to justify that action, and, in cases that involve national security, whether those rights extend to the Intelligence and Security Committee?

Finally, Madam Speaker, as the Scott inquiry, which would not have been established had not a judge refused to uphold a series of such gagging orders, will report shortly and is likely to comment on the use of such certificates, such a ruling from you would be much appreciated by all those who wish to defend the rights of Parliament in relation to the Executive.

Madam Speaker: I am grateful to the hon. Gentleman for giving me notice of his point of order. I have had an opportunity to reflect on the matter about which he wrote to me. His concern relates to the powers of Select Committees of the House. I must advise him that such matters are not in the hands of the Speaker.