Why Mr Speaker Was Wrong to Silence David Winnick

Further to my post earlier about the Speaker and his ruling on MPs' expenses and it being sub judice do have a look at this. It is Appendix 1, page 163 of Standing Orders of the House of Commons (or page 182 on THIS link). It demonstrates beyond all doubt that the Speaker has complete discretion to allow discussion of this matter in the House. See the bold text in the first line.

Sub judice Resolution, 2001

Resolved, That, subject to the discretion of the Chair, and to the right of the House to legislate on any matter or to discuss any delegated legislation, the House in all its proceedings (including proceedings of committees of the House) shall apply the following rules on matters sub judice:

(1) Cases in which proceedings are active in United Kingdom courts shall not be referred to in any motion, debate or question.

(a)(i) Criminal proceedings are active when a charge has been made or a summons to appear has been issued, or, in Scotland, a warrant to cite has been granted.

(ii) Criminal proceedings cease to be active when they are concluded by verdict and sentence or discontinuance, or, in cases dealt with by courts martial, after the conclusion of the mandatory post-trial review.

(b)(i) Civil proceedings are active when arrangements for the hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.

(ii) Any application made in or for the purposes of any civil proceedings shall be treated as a distinct proceeding.

(c) Appellate proceedings, whether criminal or civil, are active from the time when they are commenced by application for leave to appeal or by notice of appeal until ended by judgment or discontinuance.

But where a ministerial decision is in question, or in the opinion of the Chair a case concerns issues of national importance such as the economy, public order or the essential services, reference to the issues or the case may be made in motions, debates or questions.

(2) Specific matters which the House has expressly referred to any judicial body for decision and report shall not be referred to in any motion, debate or question, from the time when the Resolution of the House is passed until the report is laid before the House.

(3) For the purposes of this Resolution— (a) Matters before Coroners Courts or Fatal Accident Inquiries shall be treated as matters within paragraph (1)(a);

(b) 'Motion' includes a motion for leave to bring in a bill; and

(c) 'Question' includes a supplementary question.

15 November 2001

Over to you Mr Speaker.