Points of Order — Privilege—Definition of Deliberately Misleading House

I raise a point of order, Mr Speaker. This is the first of two points of order. This one relates to a ruling that you have made with regard to a breach of privilege. On 14 March, Phil Twyford raised a matter with you, to which you replied on 20 March. I want to make it clear that I am not attempting in any way to have you reverse your decision, and I think it was largely consistent with rulings that Speakers have given. However, there is within your letter a ruling that I think would be unfortunate if it stood. That is where you say: “Only where a member can be assumed to have personal knowledge rather than knowledge by way of his or her official capacity and makes the statement in a situation of some formality can a presumption of intention to mislead arise.”

The point that I would like to make to you quite forcefully is that if a Minister has an official report, has read it, and says that he has read it, and if he then deliberately misuses figures from that report in a primary answer, it is my view that that would be a breach of privilege. Clearly, it is a high test, but to suggest that someone can breach privilege only when the information they have is personal—and if they have official information, they cannot breach privilege—appears to me to be wrong. I would ask you to consider that and to rule on it at some stage if you so wish.

I thank the member. The advice I have received is that this is a longstanding practice, and it is based on House of Commons practice. But the member raises a point that is serious. I accept that. I am happy to have another look at the tone of that letter, and I will come back directly to the member.

Thank you, Mr Speaker. I want to emphasise that it is the word “only” which is the one that I do not think has appeared—

The member has made his point. The member will now sit.

Questions for Written Answer—Ministerial Responsibility for Operational Matters