Points of Order Debate

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Wednesday 14th October 2015

(8 years, 6 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Let me say to the right hon. Gentleman, in response to his twofold inquiry, two things. First, if the right hon. Gentleman wants—I respect this—an unambiguous answer, he should pose an unambiguous question and not rest content until he has an unambiguous answer. If the right hon. Gentleman were to raise his eyebrow and quizzically inquire, either explicitly or implicitly, whether that means he should engage in repetition, I would say yes. The House is no stranger to repetition. It is not a novel innovation in the practice of this place, nor, if I may very politely say so, in the practice of the right hon. Gentleman. That is the first point.

The second point is on the question of a motion. That is not a matter for me, but could a motion, including a cross-party motion, be tabled on this matter and a vote be forced upon it—the right hon. Gentleman knows that it could; just looking around the House, no names, no pack drill—I have a feeling there would be a number of takers.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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Further to that point of order, Mr Speaker. You are, of course, quite right in what you said at the beginning. This is principally a matter for the Government, but it is also a matter that addresses directly parliamentary privilege. This morning’s judgment ruled, first, that the Wilson doctrine, as we interpret it in its narrowest sense, has no legal basis, but beyond that it has no basis whatever if we are communicating with whistleblowers, campaigners, lawyers, journalists or each other. It seems to me that the original aim of the Wilson doctrine was to protect all those things and to protect Members of this House either from intimidation or from oversight by the Government. Therefore, there is a role for the House. I look to you, Mr Speaker, for guidance on what that might be.

John Bercow Portrait Mr Speaker
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I note what the right hon. Gentleman says and I do not demur from it. It is an extremely important matter and he is perfectly properly concerned with the rights of Members. If he wants to know, at this time, my own view on the matter, he can of course consult paragraph 21 of the judgment, which reflects my own view based on expert legal advice. If the right hon. Gentleman feels, as I suspect the right hon. Member for Gordon does, that there is still real ambiguity about this matter, they must use their parliamentary wiles to draw Ministers on the matter. The right hon. Member for Haltemprice and Howden (Mr Davis), who celebrates this year, I think, 28 years’ uninterrupted service in the House, is very well familiar with all the options open to him. There are Adjournment debates, opportunities for urgent questions and Opposition days. There is a miscellany of ways in which he can pursue this matter, and I have a hunch that he and others will do so.