HC Deb 30 January 1996 vol 270 cc777-8 3.31 pm
Mr. Michael J. Martin (Glasgow, Springburn)

On a point of order, Madam Speaker.

Madam Speaker

Just a moment—I have a point of order from the hon. Member for Congleton (Mrs. Winterton).

Mrs. Ann Winterton (Congleton)

On a point of order, Madam Speaker. I seek to raise an important point of principle and seek your advice and clarification. Is not it a breach of parliamentary privilege that matters decided upon by the courts, for example by an anonymity guaranteeing order, should be raised in the House by means of an early-day motion, thereby exploiting parliamentary privilege to undermine our courts?

Madam Speaker

I was asked early yesterday morning to consider the early-day motion to which I know the hon. Lady refers. I have considered it very carefully, and I am satisfied that it does not breach any existing rule of the House. Specifically, there is no rule of the House to prohibit reference to matters subject to injunction.

I have, however, made it clear on many occasions that all hon. Members must use the freedom of speech that we enjoy in the House, and the freedom of the notice paper, with the greatest care. I think that it might be appropriate for this issue, which has not been looked at by either the Privileges Committee or the Procedure Committee for about 10 years, now to be considered by the Procedure Committee and I am making a reference to that effect.

Several hon. Members

rose—

Madam Speaker

I have given a ruling. There is now no further point of order on that issue.

Mr. Michael J. Martin

On a point of order, Madam Speaker. My point of order relates to the conventions and traditions of the House. I understand that my hon. Friend the Member for Hamilton (Mr. Robertson), the shadow Secretary of State for Scotland, will be replying for the Opposition on the water debate. I also understand that the Secretary of State for Scotland will not be here in the House, because he is in another part of the country. I wonder whether you could give us a ruling on that matter, Madam Speaker, because I understand that it has long been the tradition of the House that, when a shadow Secretary of State is speaking in a debate, the Secretary of State is normally the person who replies.

Madam Speaker

I have no authority whatever to determine which hon. Members, which Ministers, or which Secretaries of State attend the House. That is for hon. Members and their parties to determine. The Speaker of the House has no authority in those matters.

Mr. Tony Banks (Newham, North-West)

On a point of order, Madam Speaker. This might seem an odd request—

Madam Speaker

It will be most unusual, if it is an odd request.

Mr. Banks

The next time that we have Environment Questions, could you remind the Secretary of State that he should address the House? I do not suppose that we Opposition Members missed much, but we could not hear what he was saying.

Madam Speaker

It is not such an odd request. Many Secretaries of State and Ministers tend to speak to the Member who has asked the question, which is not the way we proceed. All Ministers and all hon. Members speak to this House through the Speaker and they must refer to the Speaker the entire time. They must speak through the microphone at the Dispatch Box and not turn to any individual Member. To do so is a discourtesy to the Speaker and to the House and, moreover, the speech cannot be properly recorded by Hansard.