Select Committee on Procedure Minutes of Evidence


Letter from Ms Sally Keeble MP (P 13)

I am writing again about the sub judice rule, as I believe that your committee is to revisit the issue following a recent meeting of the Liaison Committee.

Following my appearance at your Committee, I took your advice to ask the Speaker to use his discretion in the matter. I thought of applying for an adjournment debate, which would be more useful than a question, so I put in a request and wrote to the Speaker asking for a meeting so that I could explain the situation. The title of the debate was Restraint in Secure Training Centres.

However, I got a letter back from the Speaker's Secretary saying that the Speaker would not meet me because the selection of adjournment debates was done on a random basis, and meeting with me might be seen as influencing that. So my request went into the ballot as normal and was not successful.

On the second occasion I put in my request for an adjournment debate I got a phone call from the Table Office saying that there was a problem with my request because the matter was sub judice and I would need to speak to the Speaker! There followed a discussion, and I then got a letter from the Speaker saying that provided I didn't refer to the matter that was sub judice, my request for an adjournment debate could go ahead.

This is not an "I told you so letter". What it appears is that the area in which the Speaker can use his discretion is so light that it does not provide a remedy when there is a matter of real public concern that is caught by the sub judice rule. In addition, there is an issue about the impartiality of the advice provided to the Speaker, where it is provided by the same people who have initially told the MP that the matter in question is sub judice.

I can usefully have an adjournment debate on the general matter of Restraint in Secure Training Centres, and there is a huge scandal surrounding that. However, an even bigger scandal is around the death of this poor boy, and the delay in a CPS decision on prosecution. It really is important that the Home Office can be called to account over issues such as this, and I do hope that your committee will be able to find a way to improve the present procedures.

October 2005


 
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