Legacy of Northern Ireland’s Past — House of Commons, 2021-07-14
Topic: Civil Rights
Lindsay Harvey Hoyle (Labour, Centre-left): Before I call the Secretary of State, I wish to make a short statement about the sub judice resolution. I have been advised that there are active legal proceedings on the legality of the Northern Ireland protocol and active legal proceedings and open inquests in relation to historic troubles-related deaths. I am exercising the discretion given to the Chair in respect of the resolution on matters of sub judice to allow full reference to the challenge to the Northern Ireland protocol as it concerns issues of national importance. Further, I am exercising that discretion to allow limited reference to active legal proceedings and open inquests in relation to the historic troubles-related deaths. However, references to these cases should be limited to the context and to the events which led to the cases but not to the detail of cases themselves, nor the names of those involved in them. All hon. Members should, however, be mindful of the matters that may be the subject of future legal proceedings and should exercise caution in making reference to individual cases I also wish to say something further about the actions yesterday of the hon. Member for Foyle (Colum Eastwood) in naming somebody apparently subject to an anonymity order. As Members of this House, we enjoy freedom of speech. "Erskine May" states that "a Member may state whatever they think fit in debate" and that "the Member is protected by parliamentary privilege from any action for defamation, as well as from any other question or molestation. This freedom extends to statements which, if made out of Parliament, would breach injunctions, although this has been deprecated by the Speaker." Freedom of speech must, however, be used responsibly. It is a grave step to use privilege to breach a court order. As the Joint Committee on Privacy and Injunctions made clear: "privilege places a significant responsibility on parliamentarians to exercise it in the public interest. The presumption should be that court orders are respected in Parliament and that when a Member does not comply with one he or she can demonstrate that it is in the public interest." It is for others to judge whether the action of the hon. Member for Foyle was indeed in the public interest. However, the hon. Member broke no rules of order, as his comments were made while the House was considering the Armed Forces Bill and the sub judice rule does not apply when legislation is in question Finally, before I call the Secretary of State, I have to deprecate the fact that, once again, a statement appears to have been extensively briefed to the media before being made to the House. That is not acceptable. That is not the way that we want to do business. I have to say that I have had a number of texts and emails on this from Members who take a very keen interest in this and who are very supportive of this issue. They are, quite rightly, disappointed that it seems more important that newspapers are the ones to carry this, not this House Once again, let me say—and I say it to all Secretaries of State and all Departments—that this House must hear that statement first. It should not be briefed to the newspaper 24 hours before, so, please, look and listen. If not, it will be much more difficult, as we will grant urgent questions every day to bring that Department to this Dispatch Box. Please, let us work together and let us respect Members of this House, who are, quite rightly, very concerned and want to make sure that they are involved in the statement first. I now call the Secretary of State for Northern Ireland.