Robert Neill
Main Page: Robert Neill (Conservative - Bromley and Chislehurst)Points of Order
Robert Neill Excerpts(11 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Speaker
The short answer is that I have received no such indication that a Minister is planning to come to the House to speak on those matters. The hon. Gentleman may wish to pursue his interests further in subsequent questions, in so far as he thinks he has not already done so to his satisfaction, and that of others, through the ruse of an attempted point of order.
Robert Neill
On a point of order, Mr Speaker. On 16 January this year, I initiated a Westminster Hall debate on the operation of the local government standards regime. In the course of the debate, I and other hon. Members referred to the standards regime in the London borough of Tower Hamlets and there was subsequent reporting of that. On 23 January there was a meeting of the full council of the London borough of Tower Hamlets. On the same day, the chief executive sent a letter—I have sent it to your office, Mr Speaker—the effect of which, I contend, was an attempt to gag any conversation or discussion of what had been discussed in this House. I seek your guidance on this, Mr Speaker. Am I correct in thinking that the advice given by the chief executive of the London borough of Tower Hamlets is erroneous in using the phrase,
“the fact that those comments have been made in Parliament does not entitle Councillors to refer or repeat them in Council or elsewhere.”,
which ignores the fact that qualified privilege does attach to a bona fide and accurate report of proceedings in this House, made without improper notice?
Secondly, the advice is erroneous because it says that making such a report might be in breach of the member-officer code of the council, but the internal code of a council cannot override the right of qualified privilege in relation to a report of the House if all other necessary qualifications are met.
Thirdly, the attempt by a public body to gag discussion or criticism of it that has been raised in the House is at the very least a discourtesy to the House, if not verging on the contemptuous.
Mr Speaker
I am grateful to the hon. Gentleman for his point of order and for notice of it. With reference to the use of material outside the House being bona fide or not, that is a matter for the courts, and the hon. Gentleman will not expect me to occupy that territory. However, I can give what I hope is a substantive response to his point of order that is of value to him and the House.
I am quite clear that his contribution in Westminster Hall is protected entirely by article 9 of the Bill of Rights. What he said on that occasion may not be impeached or questioned in any court or place outside Parliament. The protection of papers published under the direct authority of this House is also clear. However, the extent of the protection afforded under section 3 of the Parliamentary Papers Act 1840 or otherwise to the repetition in some other place of anything said in this House is, as I have indicated, a matter for the courts, as the Act makes clear—it would be quite wrong for me to offer any opinion on that question from the Chair. The hon. Gentleman may wish to take up any particular concerns he has on parliamentary freedom of speech with the Joint Committee on Parliamentary Privilege. I hope that is helpful.