– in the House of Commons at 12:00 am on 14 July 1947.
Sub-Lieutenant Herschel Austin
, Stretford
12:00,
14 July 1947
Without reflecting on the Table, but with a view to eliciting your guidance and a Ruling, I wish to put a point of Order, Mr. Speaker. Following on the reports of a birching case in my Division last Friday, I put a Question down to the Home Secretary—a factual Question—which was rejected on the ground that it implied criticism of magistrates' voting, and that the decision arrived at was not in the competence of the Home Secretary's Department. If that is so, how are hon. Members to ventilate an injustice of this nature?
Mr Douglas Clifton Brown
, Hexham
The hon. Member must not say "an injustice of this nature." One may not criticise the courts.
Sub-Lieutenant Herschel Austin
, Stretford
How is an hon. Member, not permitted to raise a case, to ventilate this matter?
Mr Douglas Clifton Brown
, Hexham
I do not see any way in which an hon. Member can raise it because it would be criticising the courts of law. We may not criticise the conduct of a judge or magistrate. One may afterwards ask for a sentence to be made more lenient, but in this case that would be no good because the sentence has been carried out. In these cases a Question cannot be put down to the Home Secretary as he is not responsible for any decision that judges and magistrates may take. If the House came to the conclusion that magistrates or judges were not carrying out their duties properly, a Motion must be put down on the Paper.
Sub-Lieutenant Herschel Austin
, Stretford
I respectfully accept your Ruling, Mr. Speaker, but how is an hon. Member to raise such a matter?
Mr Douglas Clifton Brown
, Hexham
I do not think it is within the competence of hon. Members to raise a matter of this kind, because one can only raise matters for which a Minister is responsible. Things for which a Minister is not responsible cannot be raised on the Floor of the House, and I am afraid there is no remedy for the hon. Member on the Floor of the House, except, of course, a Motion.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
